| Serial Number | 79384116 |
| Word Mark | SKIN CAVIAR LUXE CREAM LA PRAIRIE SWITZERLAND |
| Filing Date | Wednesday, August 9, 2023 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Thursday, October 24, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of the stylized gray wording "SKIN CAVIAR LUXE CREAM LA PRAIRIE SWITZERLAND" placed inside of a design of an upright rectangle outlined in gray and filled in blue, with rounded corners and a bump placed along the left side of the rectangle and another bump placed along the right side of the rectangle. All of the above is placed inside of a blue square carrier. |
| Section 2(f) Limitation Statement | SKIN CAVIAR has become distinctive of the goods/services, as demonstrated by the attached evidence. SKIN CAVIAR has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. SKIN CAVIAR has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 2577801 |
| Goods and Services | Non-medicated cosmetics and non-medicated toiletry preparations; cosmetics, namely, skin cleansers; perfumery, essential oils; make-up; non-medicated soaps; non-medicated hair care preparations and non-medicated hair treatment preparations for cosmetic purposes; deodorants and antiperspirants for personal use; sun protection preparations, namely, sun screen, sun care creams, cosmetic preparations for protecting the skin from the sun's rays; all the foregoing goods containing caviar extract |
| Indication of Colors claimed | The color(s) blue and gray is/are claimed as a feature of the mark. |
| Goods and Services | Online retail store services for featuring cosmetics, make-up and beauty products; Retail store services for featuring cosmetics, make-up and beauty products; advertising services; business management, organization assistance, and administration; providing office functions; retail store services for featuring downloadable digital image files authenticated by non-fungible tokens (NFTs); retail store services for featuring downloadable digital files containing virtual objects, namely, virtual non-medicated cosmetic products and toiletry preparations, skin cleansing products, perfumery products, essential oils, make up, non-medicated soaps, non-medicated hair preparations and treatments, deodorants and antiperspirants for personal use and sun protection preparations for use in online virtual worlds; retail store services for featuring downloadable digital files containing digital images and graphics of non-medicated cosmetics and toiletry preparations, skin cleansers, perfumery products, essential oils, make-up, non-medicated soaps, non-medicated hair preparations and treatments, deodorants and antiperspirants for personal use and sun protection preparations, authenticated by non-fungible tokens (NTFs) and intended for use in online virtual worlds and in the metaverse; retail store services for featuring software that can represent products virtually; administrative management being business administration concerning the in the field of maintenance and ownership of downloadable digital files authenticated by non-fungible tokens (NFTs), in particular files containing digital images and graphics of non-medicated cosmetics and toiletries, skin cleansers, perfumery products, essential oils, make-up, non-medicated soaps, non-medicated hair preparations and treatments, deodorants and antiperspirants for personal use and sun protection preparations, authenticated by non-fungible tokens (NFTs); administrative management being business administration concerning the in the field of maintenance and ownership of downloadable digital files containing virtual objects, namely, non-medicated cosmetic products and toiletry preparations, skin cleansers, perfumery products, essential oils, make-up, non-medicated soaps, non-medicated hair preparations and treatments, deodorants and antiperspirants for personal use and sun protection preparations; administrative management being business administration the in the field of maintenance and ownership of software that can virtually represent products; all the above services also provided online; provision of an online marketplace for buyers and sellers of downloadable digital files authenticated by non-fungible tokens (NFTs), namely, files containing digital images and of non-medicated cosmetics and toiletries, skin cleansers, perfumery products, essential oils, make-up, non-medicated soaps, non-medicated hair preparations and treatments, deodorants and antiperspirants for personal use and sun protection preparations, authenticated by non-fungible tokens (NFTs); provision of an online marketplace for buyers and sellers of downloadable digital files containing virtual objects, namely, non-medicated cosmetics and toiletries, skin cleansers, perfumery products, essential oils, make-up, non-medicated soaps, non-medicated hair preparations and treatments, personal-use deodorants and antiperspirants and sun protection preparations; provision of an online marketplace for buyers and sellers of software that can virtually represent products |
| Goods and Services | Beauty care services for people and animals; Beauty salon services; beauty treatment services being beauty care services; facial treatment services, namely, cosmetic skin care services in the nature of facials; advisory services with respect to cosmetic skin care and beauty care; manicure services; providing information via the Internet on the choice and application selection and use of cosmetic preparations and beauty products; beauty salon services; beauty treatments, namely, cosmetic skin care services in the nature of facials; facial treatments, namely, cosmetic skin care services in the nature of facials; advisory services with respect to skin care and beauty care; providing information on the choice and use of cosmetic preparations and beauty products to individuals through their virtual avatars |
| NOT AVAILABLE | LUXE CREAM |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, December 4, 2023 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, December 4, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, December 4, 2023 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Laboratoires La Prairie SA |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 99 - Other |
| Address | CH |
| Party Name | Laboratoires La Prairie SA |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 33 - NOT AVAILABLE |
| Address | CH |
| Event Date | Event Description |
| Thursday, November 30, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, December 4, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, December 8, 2023 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, April 10, 2024 | ASSIGNED TO EXAMINER |
| Thursday, April 11, 2024 | NON-FINAL ACTION WRITTEN |
| Friday, April 12, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, April 25, 2024 | REFUSAL PROCESSED BY MPU |
| Friday, April 26, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Sunday, May 26, 2024 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Tuesday, May 28, 2024 | REFUSAL PROCESSED BY IB |
| Wednesday, October 23, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 23, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, October 24, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |