To: | ROSE HOLDINGS LLC (jonathan@ckl.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87247848 - ROSE - N/A |
Sent: | 3/7/2017 2:21:00 PM |
Sent As: | ECOM104@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 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87247848
MARK: ROSE
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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: ROSE HOLDINGS 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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 3/7/2017
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Search Deferred
Refusal-The Proposed Mark is Merely Descriptive-Generic Advisory
Applicant seeks to register the proposed mark ROSE for a broad range of goods and services noted below:
As indicated by enclosed dictionary evidence from http://dictionary.infoplease.com/rose, the term “ROSE” is defined as:
“1. any of the wild or cultivated, usually prickly-stemmed, pinnate-leaved, showy-flowered shrubs of the genus Rosa. Cf. rose family.
2. any of various related or similar plants.
3. the flower of any such shrub, of a red, pink, white, or yellow color.
4. the traditional reddish color of this flower, variously a purplish red, pinkish red, or light crimson.
5. an ornament shaped like or suggesting this flower.
6. a pink or pinkish-red color in the cheek.
10. Jewelry.
a. an obsolete gem style or cut, flat on the bottom and having an upper side with from 12, or fewer, to 32 triangular facets.
b. a gem with this cut.”
Please also see the evidence from http://www.britannica.com/plant/rose-plant and their use in connection with fragrances and essential oils.
The proposed mark is merely descriptive because it immediately describes a feature or characteristic of the identified goods. Specifically, the proposed mark identifies the color of the goods identified in International Classes 3, 14 and 25 as well as the fragrance of goods in International Class 3. In addition, the proposed mark immediately describes a feature of the goods identified in International Class 14 since the term “ROSE” is defined as “Jewelry. a. an obsolete gem style or cut, flat on the bottom and having an upper side with from 12, or fewer, to 32 triangular facets. b. a gem with this cut.” With respect to International Class 16, the proposed mark identifies the subject matter of these goods.
Finally, with respect to the services in International Class 38, the wording in the mark also identifies the subject matter of these telecommunication and communication services.
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
Enclosed third party advertising outlined below indicates that the term ROSE is commonly used by others to describe a feature or characteristic of their goods or services. Please see the evidence outlined below:
Based upon the evidence, the proposed mark is refused registration under Section 2(e)(1) of the Trademark Act.
Informalities
Identification of Goods
In International Class 16, the wording “publications” in the identification of goods is indefinite and must be amended to indicate both the specific physical nature (e.g., pamphlets, brochures, newsletters, journals, or magazines) and the literary subject matter of the publications. See 37 C.F.R. §2.32(a)(6); TMEP §1402.03(e). For example, “magazines devoted to medicine,” “television programming newsletters,” and “books and pamphlets in the field of financial classification of companies and securities,” are acceptable in International Class 16. If the subject matter is not a significant aspect of the publications, the identification may specify the general character or type of the publications. TMEP §1402.03(e). For example, “general features magazines,” “employee newsletters,” and “cookbooks,” are also acceptable in International Class 16.
Further, the term “photographs” is broad and could include goods, which are classified in more than one International Class.
In addition, the identification requires amendment as a result of indefinite terms such as “matter,” “materials” and “supplies.” In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. TMEP §1402.03(a); see 37 C.F.R. §2.32(a)(6). If applicant uses indefinite words such as “accessories,” “apparatus,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems,” or “products,” such wording must be followed by “namely,” and a list of each specific product identified by its common commercial or generic name. See TMEP §§1401.05(d), 1402.03(a).
Further, the identification of goods contains parentheses. Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed. See TMEP §1402.12. The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “sash bands for kimono (obi).” Id.
Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods and/or services.
In International Class 25, the word “clothing” in the identification of goods is indefinite and too broad and must be clarified because the word does not make clear the nature of the goods and could identify goods in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. The following are examples of acceptable identifications: “clothing for protection against accidents, irradiation and fire” in International Class 9; “surgical gowns” in International Class 10; “pet clothing” in International Class 18; and “shirts,” “shorts,” and “pants” in International Class 25. Therefore, applicant must amend the identification to specify the type of clothing.
If applicant’s “clothing” is in International Class 25, applicant may amend the identification to insert the word “namely,” after “clothing” and then list the specific types of clothing items in that class (e.g., shirts, pants, coats, dresses).
Applicant must also amend the terms “sportswear” and “leisurewear” to identify the goods by their common commercial name.
Finally, the word “headgear” in the identification of goods for International Class 25 is indefinite and too broad and must be clarified because the word does not make clear the nature of the goods and could identify goods in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. The following are examples of acceptable identifications: “sports helmets” in International Class 9; “surgical caps” in International Class 10; “sports caps and hats” in International Class 25; “hair coloring caps” in International Class 26; and “paper party hats” in International Class 28. Therefore, applicant must amend the identification to specify the type of headgear.
Applicant may also amend the identification for “headgear” by inserting the word “namely,” after “headgear” and then listing the specific types of headgear items in that class (e.g., hats, caps, visors, or headbands for International Class 25).
The identification of goods in International Classes 3 and 14 is acceptable, as written.
Applicant may adopt the following identification, if accurate:
See TMEP §§1401.05(d), 1402.03(a).
Recitation of Services
Applicant may adopt the following identification, if accurate:
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Requirements of a Multi-Class Application under Section 1(b)
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp). The application identifies goods and/or services that are classified in at least 6 classes; however, applicant submitted a fee(s) sufficient for only 5 classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.
Requirement for Information
To permit proper examination of the application, applicant must submit additional information about applicant’s goods and services. See 37 C.F.R. §2.61(b); In re AOP LLC, 107 USPQ2d 1644, 1650-51 (TTAB 2013); In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); TMEP §814. The requested information should include fact sheets, instruction manuals, brochures, and/or advertisements. If these materials are unavailable, applicant should submit similar documentation for goods and services of the same type, explaining how its own product or services will differ. If the goods and services feature new technology and no information regarding competing goods and services is available, applicant must provide a detailed factual description of the goods and services.
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade. Applicant must also respond to the following:
Conclusory statements will not satisfy this requirement for information.
Failure to comply with a request for information is grounds for refusing registration. In re AOP LLC, 107 USPQ2d at 1651 (citing In re Cheezwhse.com, Inc., 85 USPQ2d at 1919; In re DTI P’ship LLP, 67 USPQ2d at 1701-02; TMEP §814). Merely stating that information about the goods and services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
Conclusion
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Linda M. Estrada/
Trademark Examining Attorney
Law Office 104
(571) 272-9298
(571) 273-9104 Fax
Linda.Estrada@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.