UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/846846
MARK: COSMEDIX
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Astral Health & Beauty, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
Likelihood of Confusion
In this case, the following factors are the most relevant: similarity of the marks, similarity of the goods, and similarity of trade channels of the goods. See In re Opus One, Inc., 60 USPQ2d 1812 (TTAB 2001); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593 (TTAB 1999); In re Azteca Rest. Enters., Inc., 50 USPQ2d 1209 (TTAB 1999); TMEP §§1207.01 et seq.
Facts
Applicant proposes COSMEDIX for use in connection with skincare preparations and treatments, namely, cleansers, moisturizers, sunscreens, and exfoliators and vitamins and dietary supplements.
Registrant provides dietary and nutritional supplements; medicated beauty care preparations and nutritional supplements, namely, antioxidant creams and serums, moisturizers, chemical peels, herbal creams for bust enhancement, anti-cellulite creams, weight loss creams, and fat reducing creams in connection with the mark COSMEDEX.
The literal portion of applicant’s mark is an intentional misspelling of COSMETICS that replaces the “T” with a “D” and the “CS” with an “X.” Similarly, registrant’s mark is an intentional misspelling of COSMETICS that replaces the “T” with a “D” and the “CS” with an “X.” Because the sound of the marks is the same and the marks look similar, they also create confusingly similar commercial impressions.
The goods of applicant and registrant both include supplements and skincare preparations and treatments. Accordingly, the goods are likely to be sold through the same channels of trade to the same consumers.
Accordingly, because confusion as to source is likely, registration is refused under Section 2(d) of the Trademark Act.
Applicant must respond to the requirement set forth below.
Identification of Goods
The wording “exfoliators” in the identification of goods must be clarified because it is too broad and could include goods in other international classes. See TMEP §§1402.01, 1402.03.
Applicant may adopt the following identification for Class 3, if accurate:
Skincare preparations and treatments, namely, cleansers, moisturizers, sunscreens, and exfoliant creams. International Class 3.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Sara N. Benjamin
/Sara N. Benjamin/
Examining Attorney
Law Office 110
571.272.8847
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
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, please contact the assigned examining attorney.