To: | Beauty Holding LLC (preynolds@sallybeauty.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86411543 - CHROMAXTEND - N/A |
Sent: | 3/30/2015 2:11:16 PM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86411543
MARK: CHROMAXTEND
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Beauty Holding LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 3/30/2015
This Office action is in response to applicant’s communication filed on March 27, 2015.
The following requirement has been satisfied: Identification of Goods. TMEP §§713.02, 714.04.
Applicant’s arguments have been considered and found unpersuasive. Accordingly, the refusal under Trademark Act Section 2(e)(1) is now made FINAL for the reasons set forth below. See 15 U.S.C. §1052(e)(1); 37 C.F.R. §2.63(b).
SUMMARY OF ISSUES THAT APPLICANT MUST ADDRESS
· Final Refusal under Trademark Act Section 2(e)(1)
TRADEMARK ACT SECTION 2(e)(1) REFUSAL
Applicant has applied to register CHROMAXTEND for, as amended, “Hair care preparations; shampoo; conditioner; a combination of ingredients sold as a component part of hair care preparations.”
The proposed mark is a stylized spelling combining the descriptive terms CHROMA and EXTEND.
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
In this case, both the individual components and the composite result are descriptive of applicant’s goods and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. Specifically, as reflected in the dictionary evidence of record, the term CHROMA is defined as “a quality of color combining hue and saturation;” and EXTEND as “to stretch out in distance, space, or time.” Accordingly, the proposed mark merely describes a feature or purpose of applicant’s goods, namely, hair care preparations that elongate the duration and quality of hair color applications.
It is further noted that color extending qualities are commonly featured in hair care preparations, as reflected in the evidence of record consisting of third party web pages.
Applicant’s Arguments and Examining Attorney’s Rebuttal
Applicant asserts that the proposed mark is not merely descriptive because the component terms have multiple meanings when used in connection with hair care products. Specifically, applicant asserts that “’XTEND’ [or EXTEND] can refer to the length of time the color lasts, how far the color range ‘extends,’ that the color is for ‘extensions,’ that the color extends over long hair or any number of meanings.” Applicant’s arguments are not persuasive.
Accordingly, in the instant case, as applicant notes in its response, the terms CHROMA and EXTEND describe “the length of time the color lasts.” Accordingly, the proposed mark is descriptive of a feature or purpose of applicant’s goods.
In further support of the descriptiveness finding, the examining attorney attaches hereto additional evidence in the form of third party web pages showing hair care products touting color extending features.
In view of the above, registration is refused under Section 2(e)(1) of the Trademark Act.
PROPER RESPONSE TO A FINAL ACTION
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) A response that fully satisfies all outstanding requirements and/or resolves all outstanding refusals.
(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
Trademark Examining Attorney
Law Office 117
571-272-8285
karen.severson@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
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.gov.uspto.report/. 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.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.