UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 10/30/2013

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by John W. Peck on October 30, 2013, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

The following claim of ownership is added to the record:

 

            Owner of U.S. Registration Nos. 3452663 and 3895265.

 

See 37 C.F.R. §2.36; TMEP §812.

 

The following description of the mark is added to the record:

 

            The mark consists of a mirror image of a stylized letter “A” with a dot between the top of the letters forming a stylized butterfly.

 

See 37 C.F.R. §2.37; TMEP §§808 et seq.

The identification of goods is amended as follows:

 

International Class 5:

 

The wording “and dietary supplements, namely, supplements for skin health” is/are deleted from the identification of goods.

 

“Energy boosting tables and powders” is amended to “Nutritional supplements for energy boosting in tablet and powder form.”

 

The remainder of the identification is accepted as filed.

 

International Class 18:

 

The identification of goods is amended to read as follows:

 

 “Fashion hand bags, purses, handbags, shoulder bags, carryalls, travel bags, makeup bags sold empty, cosmetic bags sold empty and toiletry bags sold empty.”

 

International Class 3:

 

“Full line of hair care, body care and skin care products; skin, body, bath and hair care cleansing preparations, namely, soaps; skin cleansing creams and washes, skin cleansing gels, skin cleansing scrubs, oil free skin cleansers, body and facial scrubs, bath and shower gel, hair and body wash, bubble bath and bath salts, crystals and oils; skin, body and hair care preparations, namely, body, face and skin masques, toners, fresheners, moisture creams, mists and sprays, skin conditioning face and body oils, astringent spray for cosmetic purposes, exfoliants for the skin, moisturizers, oil free skin toner, skincare powder, non-medicated body, face and skin serums and facial cleaning gelees; hair care preparations, namely, shampoo, conditioner, hair protectant, hair oil, hair mousse, non-medicated scalp revitalizer, crèmes, primers and hair mask; skin, body and hair lotions; skin, body, hand, foot, eye and hair creams; sun care preparations, namely, sunscreen creams, after sun creams and sun tanning preparations; fragrances, namely, essential oils, scented oils, scented body spray and perfumery; makeup for the face, namely, face oils, non-medicated face brightener, foundation, facial concealer, facial powder, tinted moisturizers and tinted creams;  full line of color cosmetics, namely, makeup, skin color wand, finishing powder, pressed powder, eye pencils, eye shadow, blush, eyelash thickener, lip moisturizer, lipsticks, lip pencils, lip gloss, eye makeup remover, non-medicated lip ointment; non-medicated skin care preparations; non-medicated acne treatment preparations, namely, cleansers, washes, lotions and spot treatments; antiperspirants and deodorants for personal use; dentifrices, namely, toothpaste; massage oil and shave gels.            

 

See TMEP §§1402.01, 1402.01(e).

 

International Classes 14, 25, 32 and 35 are accepted as filed.

 

Applicant has identified its goods as a “full line” of products.  Please be advised that upon filing an amendment to allege use or statement of use, applicant must provide evidence to substantiate use of the mark for a full line of products.  Such evidence may comprise product catalogs or similar evidence showing broad use of the mark for a majority of the goods in the “full line.”  TMEP §1402.03(c); see 37 C.F.R. §2.61(b). 

 

If applicant is unable to provide such evidence, then applicant will be required to amend the identification to delete “full line of” and specify the common commercial or generic name for each item.  See TMEP §§1402.01, 1402.03(c).

 

Evidence showing use of the mark on only three products is not considered sufficient to show use for a “full line” of products.  An applicant who does not use the mark on a sufficient number or variety of goods in its line should not be able to procure a registration which potentially may bar the registration of another applicant who uses a similar mark on different products that could conceivably be considered part of the “full line” of products.  See In re Astra Merck Inc., 50 USPQ2d 1216 (TTAB 1999). 

 

The USPTO applies the following legal authorities when processing a trademark and/or service mark application: 

 

• The Trademark Act of 1946, as amended
• The Trademark Rules of Practice, as amended
• Precedential court and Trademark Trial and Appeal Board decisions
• The USPTO’s Trademark Manual of Examining Procedure (TMEP), as periodically updated
• The USPTO’s Trademark Trial and Appeal Board Manual of Procedure (TBMP), as periodically updated 

 

See 15 U.S.C. §§1051 et seq.; 37 C.F.R. pts. 2, 3, 6, 7, 10, 11; TMEP intro., §§101, 107, 110. 

 

Official USPTO letters and notices sent to applicants generally refer to one or more of these legal resources.  Both the Trademark Act and Trademark Rules of Practice can be viewed online at http://www.uspto.gov/trademarks/law/index.jsp.  The TMEP is available online at http://www.uspto.gov/trademarks/resources/index.jsp and the TBMP and Trademark Trial and Appeal Board decisions are available online at http://www.uspto.gov/trademarks/process/appeal/index.jsp.

 

 

/Edward Nelson/

Edward Nelson

Trademark Attorney

Law Office 106

(571) 272-9202

Edward.Nelson@USPTO.gov

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.