To: | LORD BERNIER INC. (trademarks@iplawsolutions.com) |
Subject: | U.S. Trademark Application Serial No. 97120125 - ATTITUDE - WFG-8368 |
Sent: | December 08, 2021 08:32:37 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 97120125
Mark: ATTITUDE
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Correspondence Address: |
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Applicant: LORD BERNIER INC.
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Reference/Docket No. WFG-8368
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: December 08, 2021
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
SEARCH OF USPTO DATABASE OF MARKS
The identification of goods is indefinite and must be clarified because it fails to specify the applicant’s goods as indicated below. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Thus, applicant should replace periods with semicolons in the identification of goods or services, if appropriate, or rewrite the identification with “.” deleted and the goods or services specified using definite and unambiguous language.
Applicant may adopt the following identification, if accurate:
1. Class 3- Babies and toddlers care products, namely, baby laundry detergents, oxygen based spray stain remover, fabric softeners, bottle dishwashing liquids, toy spray cleaner, laundry stain remover; baby wipes IMPREGNATED WITH CLEANING PREPARATIONS; Babies and toddlers body care products, namely, baby 3-in-1 HAIR SHAMPOOS AND body wash conditioners, body oils, sunscreen PREPARATIONS, SUNSCREEN REMOVING PREPARATIONS, hand soap; body cream, face cream CONTAINING CALENDULA, toothpastes, hair detangler PREPARATIONS, face CREAMS, FACIAL WASHES, FACIAL WIPES IMPREGNATED WITH A SKIN CLEANSER, FACIAL WIPES IMPREGNATED WITH A SKIN CLEANSER NAMELY gel wipes, baby powder; Homecare products, namely, laundry detergents, oxygen based spray stain remover, fabric softeners, dishwashing liquids, all-purpose surface spray cleaner, laundry stain remover, fruit contaminant spray cleaner, vegetable contaminant spray cleaner; Body care products, namely, shampoos, HAIR conditioners, body wash, bubble bath, body oils, body lotions, hand bar soaps, body bar soaps, body scrubs, FACIAL scrubs, day BEAUTY creams, night creams, moisturizing body lotion and cream, make-up REMOVING lotions, TISSUES IMPREGNATED WITH MAKE-UP REMOVING PREPARATIONS, make-up, sunscreen CREAMS, sunscreen LOTIONS, after-sun lotions, cosmetics, body deodorants, lip balms, foot soap bars NAMELY NON-MEDICATED BAR SOAP, NON-MEDICATED foot cream, foot scrubs, NON-MEDICATED foot hydrating cream, hand creams, nail polish removers, damaged hair treatments NAMELY HAIR CARE PREPARATIONS, hair oil, hair COLOURING, hairspray, hair gel, hair wax, hair mousse, shaving creams, spray body lotion, toothpastes, NON-MEDICATED MOUTHWASHES, body powder; cleansing pre-moistened body wipes NAMELY WIPES IMPREGNATED WITH A SKIN CLEANSER, cosmetic cotton balls and cotton swabs; PREGNANCY PRODUCTS, NAMELY, NON-MEDICATED STRETCH MARK BODY OILS, NON-MEDICATED STRETCH MARK GELS, hydrating lotions for face, skin and body, body butter, body lotions, breast butter cream, body washes, bubble baths, non-medicated bath body soaks, cosmetic bath salts, massage oils; Pet care products, namely, pet laundry detergents, LIQUID BOWL DISHWASHING PREPARATIONS, DISPOSABLE WIPES IMPREGNATED WITH NON-CHEMICAL CLEANING PREPARATIONS FOR MULTIPLE SURFACES, pet toys spray cleaner, pet shampoos, conditioners, AND detanglers, non-medicated paw balm, non-medicated nose balm, hydrating body lotions
2. Class 4- Scented candles
3. Class 5- Natural odor neutralizers, namely, air purifiers, fabric DEODORIZERS, air DEODORIZER, pet stains odor NEUTRALIZING PREPARATIONS, pet fabric REFRESHING odor neutralizer, AIR deodorising mists, deodorizing grooming wipes NAMELY MEDICATED GROOMING PREPARATIONS FOR {INDICATE SPECIFIC ANIMAL OR CATEGORY, E.G., CATS, DOGS, PETS, LIVESTOCK}, NAMELY, {INDICATE SPECIFIC PREPARATION}, DEODORIZERS FOR HOUSEHOLD PET LITTER BOXES; sanitizing surface wipes; HAND-SANITIZING PREPARATIONS; baby and adult diapers and disposable BABY AND ADULT diapers; baby and adult topical pain reliever; insect repellent; MEDICATED DIAPER RASH OINTMENT NAMELY ZINC DIAPER CREAM;
4. Class 30-Herbal teas
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
FOREIGN REGISTRATION CERTIFICATE REQUIRED
An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016. In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. 15 U.S.C. §1126(b); TMEP §§1002.01, 1004.
Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available. TMEP §1003.04(a). A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin. TMEP §1004.01. If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin. TMEP §1016. In addition, applicant must also provide an English translation if the foreign registration is not written in English. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).
If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available. TMEP §§716.02(b), 1003.04(b).
If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(a) basis. See 15 U.S.C. §§1051(a), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b). Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration. See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b).
An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016. In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. 15 U.S.C. §1126(b); TMEP §§1002.01, 1004.
Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available. TMEP §1003.04(a). A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin. TMEP §1004.01. If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin. TMEP §1016. In addition, applicant must also provide an English translation if the foreign registration is not written in English. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).
If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available. TMEP §§716.02(b), 1003.04(b).
If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis. See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b). Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed. See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103. Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration. See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b).
Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis. See 37 C.F.R. §2.35(b)(1); TMEP §806.04. The foreign registration alone may serve as the basis for obtaining a U.S. registration. See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).
How to respond. Click to file a response to this nonfinal Office action.
Scott Bibb
/ScottBibb/
Examining Attorney
Law Office 109
571-272-5669
scott.bibb@uspto.gov
RESPONSE GUIDANCE