TRADEMARK APPLICATION NO. 78560833 - RESURFACE C-DERMABRA - 2917...
`
`Page 1 of 2
`
`To:
`
`Lancome Parfums et Beaute & Cie (r1s@paulhastings.com)
`
`Subject:
`
`TRADEMARK APPLICATION NO. 78560833 - RESURFACE C-
`DERMABRA - 29172.98974
`
`Sent:
`
`7/10/2007 9:39:34 AM
`
`Sent As:
`
`ECOM117@USPTO.GOV
`
`Attachments: Attachment - 1
`Attachment - 2
`
`Attachment - 3
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`Attachment — 23
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`Attachment - 24
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`Attachment - 25
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`Attachment — 26
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`Attachment - 27
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`Attachment - 28
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`SERIAL NO:
`
`78/560833
`
`MARK:RESURFACEC-DERMABRA
`
`CORRESPONDENT ADDRESS: _
`ROBERT L. SHERMAN
`
`PAUL, HASTINGS, JANOFSKY & WALKER
`
`LLP
`
`GENERAL TRADEMARK INFORMATION:
`
`file://\\ticrs-ais-01\ticrsexport\Htm1ToTifl1nput\REC00012007_07_23_14_47_25_TI‘ABO...
`
`7/23/2007
`
`

`
`TRADEMARK APPLICATION NO. 78560833 - RESURFACE C-DERMABRA - 2917...
`
`Page 2 of 2
`
`75 E 55TH ST FL C1
`NEW YORK, NY 10022-3404
`
`http://www.uspto.gov/main/trademarks.htm
`
`APPLICANT:
`& Cie
`
`Lancome Parfums et Beaute
`
`CORRESPONDENT’S REFERENCE/DOCKET
`N0:
`
`29172.98974
`CORRESPONDENT E-MAIL ADDRESS:
`
`rls@paulhastings.com
`
`REQUEST FOR RECONSIDERATION DENIED
`
`ISSUE/MAILING DATE: 7/10/2007
`
`Applicant is requesting reconsideration of a final refusal issued December 7, 2006.
`
`Please note that the below examining attorney has been assigned to this application.
`
`0
`
`After careful consideration of the law and facts of the case, the examining attorney must deny the
`request for reconsideration and adhere to the final action as written since no new facts or reasons have
`been presented that are significant and compelling with regard to the point at issue.
`
`The attached website evidence indicates that the term RESURFACE is used in connection with
`derrnabrasion and skimrejuvenating creams and lasers, and is a term used in the industry to describe an
`aspect of the goods.
`
`Accordingly, applicant’s request for reconsideration is denied. The time for appeal runs from the date
`the final action was issued/mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c). If applicant
`has already filed a timely notice of appeal, the application will be forwarded to the Trademark Trial and
`Appeal Board (TTAB).
`
`Trademark Examining Attorney
`U.S. Patent and Trademark Office
`Law Office 117
`
`(571) 272-9722
`
`STATUS CHECK: Check the status of the application at least once every six months from the initial
`filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system
`at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the
`complete TARR screen. If the status of your application has not changed for more than six months,
`N*9
`please contact the assigned examining attorney.
`
`file ://\\ticrs-ais-0 1\ticrsexport\Htm1ToTiffInput\REC000 12007_07_23_14_47_2 5_T1‘ABO . ..
`
`7/23/2007
`
`

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`These search terms have been highlighted: resurface darmahraslcm
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`apid Resurface Micro—dermabraslon at its best!
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`il—“l
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`
`Rapid llesurface Micro-dermabrasion at its best! Featuring a
`totally aluminum-free formula, gently, yet effectively, polish skin
`to perfeaion in minutes. A smoother and beautifully luminous
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`microdermabrasian buffs away rough, dull cells using rice powder
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`Dermabrasion And Miorodermabrasion
`
`LOOKING FOR A
`
`Everyone would like the fresh-faced look of youthful
`glowing skin, and one of the many dermatological
`techniques used to resurface and revitalize the skin is
`dermahrasion. By scuffing orabrading the skin with
`tiny particles, the old layer of skin is removed to reveal
`new skin underneath. Less harsh than chemical peels
`and , microderrnabraeion is used to
`reduce wrinkles, lines, blemishes, uneven skin tone.
`and to improve acne. facial scars and to remove pre-
`cancerous growths. Dermabraslon is favored over
`
`éiéoflsof (
`
`Search Results far:
`
`Micordermabraeion
`
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`g_n§m_i;_aj_g§§_l_§ in the treatment of acne.
`
`Microdermabrasion is a lighter form of derrnahrasion
`
`known as the ‘lunchtime facial’, and removes only the
`
`topmost layer of skin to reveal fresh skin underneath.
`
`While microdermabrasion may not reveal result in the
`
`dramatic results of laser resurfacing, there is no
`
`recovery time after the microdermabrasion procedure.
`
`There may be redness after the treatment; however,
`
`most patients are able to return to work immediately. Before you come to a decision
`about skin resurfacing, think carefully about your options and discuss your questions
`during a consultation with a qualified professional.
`
`
`
`
`
`
`
`
`
`FEnTURE
`
`
`Reiiiverierte
`your skirt
`.
`-gm '6 i':iEt.'r,'i'y"3.
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`
`-'3' List‘:
`
`Procedure
`
`The dermahrasion and microdermabrasion procedures can both be conducted in an
`outpatient facility like a doctor's or derrnatologist's office. Both procedures usually
`take from l5 minutes to one hour depending on the extent ofthe procedure and area
`to be covered. the doctor Will progress by covering your hair and eyes and numbing
`the skin with spray or injected aneethetic. You may receive an oral sedative for more
`in~depth treatments. For dormatmislon, the deeper abrasive treatment, a doctor will
`use a hand held rough wire brush or a sanding wheel containing diamond particles to
`scrape away the affected nnninn ntthrz. akin siirfacn The effects nfdermahrmzlon
`are more dramatic that those ofrnicroderrnabraeion because the hand held too does
`touch the skin, The micredermabrasion procedure is milder and less invasive than
`total dermabrasion because the skin is essentially sprayed away using micro
`particles. Your doctorwill use a hand held device to spray tiny aluminum oxide
`crystals against your skin as debris is auctioned away. The results are subtler and
`recovery time is greatly reduced,
`
`Cost
`
`.
`
`Micrcderrnabraaion is a popular and attordable skin rejuvenation treatment, and coats
`approximately $100 to $300 according to the extent ofthe treatment. Dermabrasion
`is lypicaily a more extensive and invasive procedure which can cost upwards of
`51000. If you‘re considering this type of procedure‘ be aware that medical insurance
`will not cover the costs. There are flggngiggggfigng available through different
`cosmetic surgery financing specialists.
`
`Y
`
`

`
`l:‘l‘O!T.lE.l!.’.‘t
`
`Rfilnfiffilflftfi’
`
`Litaozuttlcxn
`Face Lifts.
`
`Lap Band 5
`Skin Tr»:-.u.ment-2
`
`‘
`Recovery
`Mlcrodermabraslcm can he performecl lightly enough to require no down time and still
`give you the frasher faced results you want. But because detmabraslon involves the
`removal of several layers of skin, you will need time for new skin cells tn ragmduce.
`Recovery from dermahraslon may take up to two weeks before you are comfortable
`enough tn ratum tn wmk. Tha skin will appear red and swollen, and you will be given
`ointment ts reduce stabbing as well as oral pain medication to treat any discomfort.
`After one month the results should be visilala with little redness.
`
`Risk
`
`There is minimal risk associated with microdermabrasion, but yum doctor should
`make you aware ofthe possible side effects such as possible breakouts in galients
`who have had cold sores. anal the risk otscarring for people who have taken the acne
`medlcatlon Aculane. Wrth ‘siermahrasionl mtectmn and scamng I8 rare, however. it
`is a risk to consider along with the chance ofskin darkening, gatchinass or lightening.
`Yau can help tn reduce the risk in any surgery by following your doctor's instructions
`carefully.
`
`Submit Coxnments
`
`Read Comments
`
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`C 0 n g I e‘s cache is the snapshot that we took of the page as we crawled the web.
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`This cached page may reference images which are no longer available. Click here for the gac_l3gg_t§_;5_t only.
`T0 llflk t0 Of bookmark thlfi page, U58 the fO"OWll'lg url: hwy:l/vumgooglncoflIenclflq-cache:Bfixxxbionno-I:vu.uodgwuselcd.coa/'az1:£ci.u/.uoi¢letB.hen14-I
`22Lani:£a¢oI22+uu!4'|22¢lcuub:asiontzzthl‘exact:-c1I\1ttcdl1.'l£gllt:s
`
`These search terms have been highlighted: resurface dermabraslon
`
`Googla is ncithar affilllucd with else author: of this page nor responsible for its content.
`
`med
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`~s
`
`T
`if
`fig ource for your litigation needs
`
`—EXPERTSl SANCTION SEARYCVH I RECEORD REl'l~RIEVAL lH3D IMAGING I DIGHIYTIZED X-R;\\"S l
`About Us | Procedures l Case Archive |Artlcles |Llnksl Contact Us I Funding Services
`
`Expert Articles
`
`SHORT-PULSED CARBON DIOXIDE LASER RESURFACING OR THE
`WRINKLE LASER
`
`Introduction:
`
`The lay press and popular news has been devoting an inordinate amount of
`attention to a new medical device which reportedly is the latest surgical "fountain
`of youth". The rapidly-pulsed carbon dioxide lasers. of which there are a number
`of competing brands, work by bumlng or vaporizing the skin very quickly
`minimizing damage to skin or tissue that is not specifically being targeted. These
`devices, particularly in combination with computerized pattern generators, allow
`very precise delivery of the laser light in geometric patterns and are being used
`in the place of older methods to rejuvenate or resurface the skin, such as
`dermabrasion or chemical peels. They do offer distinct advantages and, as we
`are finding out, some distinct disadvantages over the old methods.
`
`The use of such lasers to resurface the skin was onginaiiy conceived of and
`implemented by a dermatologist who had used older generation carbon dioxide
`lasers for various cosmetic and noncosmetic procedures. At the annual meeting
`of the American society for Dermatologic Surgery (A808) held in May 1996
`numerous papers were presented concerning the various uses for this truly
`remarkable device as well as its potential misuses. It is indeed extremely
`effective at removing benign growths from the skin and has advantages over
`traditional modalities because of its ability to precisely injure skin without
`nonspecific or unintentional Injury of deeper structures or adjacent skin. In
`addition, its automated functions take some of the physician error out of the
`equation.
`
`

`
`
`
`cquuuul i.
`
`Dermabraslon:
`
`Dermabrasion where a spinning diamond wheel is used to remove the outer
`layers of the skin requires a very skilled dermatologic surgeon who is
`experienced with this technique to obtain the best results. Despite the skill of
`the operator scarring and permanent color changes may occur with
`dermabraslon.
`
`chemical Peels:
`
`Chemical peels, by their nature, are unpredictable and the results vary from
`patient to patient and they can produce a blotchy or irregular result. The skill
`and experience of the chemical peeler, the concentration and type of chemical
`used, how the skin is prepared before the peel and treated after the peel, and
`how much chemical is applied in any given setting all contribute to the final
`appearance. The results can be different from patient to patient and there can
`be variations even in the same patient from place to place.
`
`Advantages of Short OR Rapidly-Pulsed
`Carbon Dioxide Lasers:
`
`The short— or rapidly-pulsed carbon dioxide lasers minimize some of this
`variation by utilizing computer generated patterns with well—defined energy
`settings and parameters to standardize the injury with each pass of the laser
`light across the face with some limitations. The more passes across the face,
`the deeper the injury. This injury then is more uniform resulting in more
`‘ pleasing and predictable results in many cases than chemical peels and
`dermabraslon. At the same time, it minimizes some of the risks of
`complications associated with the older techniques described above.
`
`Risks:
`
`Short— or rapidly-pulsed carbon dioxide lasers still produce an injury or burn,
`albeit a well-controlled burn, and thus they have the same risks that the other
`older procedures had and as more and more patients are treated with these
`devices, these entirely predictable complications are beginning to surface. A
`number of the presentations at the American Society for Derrnatologic Surgery
`outlined a number of these complications and showed examples of scarring,
`displacement of the eyelid, permanent color changes, persistent redness after
`lasei treatment lasuiig up Lo six nioiitiis, iiifecuoii and almost more iinpoi Laliuy
`relatively inadequate results.
`
`in some hands carbon dioxide laser resurfadng provides a result equivalent to a
`medium depth peel which would cost a fraction of the laser procedure. The
`apparent maximum depth of the injury from the laser may not allow the same
`.kind of results that can be obtained with dermabrasion on severely sun-
`damaged patients since the dermabrader or diamond-studded wheel in
`experienced hands can render a deeper Injury than the laser when used in the
`«band are! F»-nkinn
`
`

`
`
`
`standard fashion.
`
`other Issues:
`
`As physicians hemme. flnandally pinched hy managed care, declining
`reimbursement and capltated contracts, the appeal of cosmetic surgery can be
`irresistible. Lasers, particularly newer sophisticated lasers are deceptively easy to
`use and have, thus, been enthusiastically received by physicians in many
`different specialties. This includes physicians who are inexperienced in injuring
`the skin in such a fashion. l.e.. those who have not performed chemical peels
`and dennabrasions in the past. This is problematic despite the relative ease of
`use of these lasers, because the management of these patients postoperatively
`is a significant part of the overall experience oflaser resurfacing and is fraught
`with problems. If there is mismanagement postoperatively, as well as
`preoperatively, complications can result.
`
`Despite the efforts of dermatologic surgeons, as evidenced by numerous well-
`done studies presented at the ASDS meeting evaluating the depth of injury of
`these various devices comparing different brands oflasers, comparing outcome
`of laser surgery vs. standard modalities, and other predictable conduslons from
`scientific and systematic evaluation of the new devices. There remains much to
`be learned about these lasers. Further areas of investigation will need to identify
`the best way to use these lasers, the best method of managing patients both
`pre- and postoperatively. and the best candidates for this particular method of
`resurfacing. The resurfacing laser represents only another modality, that will
`most likely compliment more tried and true methods available to the experienced
`dermatologic surgeon.
`
`'
`
`Summary:
`
`Significant patient dissatisfaction from scarring, permanent color change,
`persistent redness or erythema and less satisfactory results than expected or
`promised has been noted and will continue to be noted as more and more
`patients are treated with this modality. The lay literature has contributed to the
`potential for dissatisfaction and possible litigation by painting this procedure as
`a foolproof and relative harmless way to cut years off one's appearance, which is
`far from the truth. Experienced laser surgeons and dermatologic surgeons must
`continually educate patients about the real risks, benefits and alternatives of
`this technique even though this may deflate patients expectations and
`enthusiasm.
`
`mmlEmmml l lmmmml l
`‘Medical-Legal Experience, Expertise, Insight‘
`O 2007 m¢dQuut, Ltd. All rights reserved
`
`

`
`
`
`
`
`
`-
`'
`"
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`as retrieved on Jul 7, 200? 23:00:05 GMT.
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`Googla is 001350 affiliated watt the author: of dbl: page not responsible for its content.
`
`
`These search terms have been highlighted: resurface dermabraslon
`
`Nave Cllnlo » Arizona » Medical Services 3) Medloal Specialties » mastic and tteaanastxuertive Surgery
`
`Dermabrasion
`
`Dermabraslon removes the top layers of skin to resurface the texture of your skin. A rapidly
`rotating instrument is used to ‘sand’ the outer layers. 111a procedure is most often done on the
`face to remove facial tissue damaged by acne scarring. It is also done to remove wrinkles, scar
`tissue, tattoos, and various skin lesions. Melasma, blotchy brown spots that occur on the cheeks,
`temples, or forehead, may also be treated with dermabraslon.
`‘
`
`Because healing continues for many months, your skin may not be its best for at least three
`.
`months after the procedure. The top layers of your skin will grow back within ten days.
`Disooloration and swelling usually occur for two to threernonths while the wound is healing. This
`can be a concern for you, especially since the dermabi-aslon is often done to improve your
`
`°°°°°“"°°'
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`EPIDERMAL RE—TEXTU'RIZ1'NG MICRO-oem'4AeRAsioN
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`An effective skin re-lexlurizing cream for use in the home.
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`Benefits (0 akin:
`- Immediately srnoolhes and conditions skin
`' Re~lexturlzes sldrrs surface, reducing the
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`' Facilitate: the abcorpfion of topical
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`Our epidermal skin-lexlurlzing trealmenl is an advanced formulation that has a highly clieclive
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`fwm om uxlyyeau as I
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`two particles complimeni one another.
`enhancing their ability in lhoroughly. yet
`salely eliminalelhe dead cells located in the
`epidermis - or upper layer of the skin. Our
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`ln :5 tour-week lest will consumers based on
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`Re-Taxturizing mcro—ocrmabruion showed a
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`Gales! an inqradler-A name in use man:
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`W}l.1\'3' KHZ-lll..’S PA‘I'R(I)VS ‘}"HI.\3K
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`Mm have always valued {ha ideas and opinions of our chedsned palvons. we invite you to
`share your thoughts about this kiahfs lommla.
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`What do you Think?
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`listed by country. Fovshipments to countviaz not listed In outkiehrslnternuiionalRahlILocIto1.
`we invite you to use on! Kim‘; By Mail «Nico Eytelcphonlng 1-Sm-KSEHLS-2 (1-800~54’3~
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`r*~~»ma«~«~«~«-~‘‘ T
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`iglamorous day spas, skin clinics,
`Most men require a
`ibeauty salons, and even some
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`ytechnicions and damage that can take years to repair,‘ says Dr Harold Brody, president ""k“
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`‘Treating all skin colors 20
`years experience in hair
`removal
`-.wwov.althulth asxoclatetoom
`
`:Today’s Top Choices for
`Laser Treatment
`_vm.w.ganlaseeker.eorn
`
`
`
`3;So how do you tell the good guys from the bad guys in a world where beauty can be
`bought and is often an illusion? Ironically, the first rule of thumb is: never let looks
`g deceive you.
`
`j'No matter now plush a salon, no matter how sophisticated or costly the advertising, no
`i matter if technicians carry stethoscopes and wear white coats, don't assume anything
`nd ask everything before accepting treatment,‘ says Dr Jeffrey Dover, an associate
`rofessor of dermatology at Dartmouth Medical School.
`
`,= mong the questions you should ask: How many procedures does the centre regularly
`goerform: how lona has it been in business: what's the specific traininu of the person
`i doing your treatment; and has that person previously performed the procedure on the
`; part of the body where you're having it done.
`
`Among the answers you should expect: The canoe should be performing at least
`several treatments a day; the technician should have at least several years‘
`experience, and that training should include not only some medical schooling, but
`specific apprenticeships with board-certified dermatologists or plastic surgeons, Dover
`E SBYS.
`
`3 Also important: Get a patch test for any procedure that involves a chemical solution on
`your skin. Doing so can help prevent en allergic or sensitivity readzion, which may also
`;help reduce the risk of burns.
`
`z‘If the centre refuses, don‘t accept treatment there," says Dover.
`
`Additionally, if lasers are involved, ask if the system has been specifically approved for
`‘L someone with your skin type, hair colour and complexion and for use on the area of
`, your body where you're seeking treatment. And ask to see photos of previous patients
`who share your physical traits, says Brody.
`
`» If your questions aren't welcomed, Brody adds, that's a red flag you shouldn‘t ignore.
`
`’- Equally important, never trust a centre that lets you choose the treatment. Although
`: you may have a good idea of the kind of result you are seeking, such as wrinkle
`[ reductions or scar removals, only a physician is qualified to tell you the best way to
`. achieve it.
`
`2 "Never accept any treatment that doesn't start with a one-on-one consultation with a
`2 board-certified dermatologist or plastic surgeon,‘ says Dr Roy Geronemus, a clinical
`I professor of dermatology at New York University