| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88000276 |
| LAW OFFICE ASSIGNED | LAW OFFICE 126 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88000276/mark.png |
| LITERAL ELEMENT | LAVENDER SLEEP |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
Applicant, respectfully requests reconsideration of the refusal of registration of its mark LAVENDER SLEEP for goods in Class 20 and 24.
Applicant notes the favorable results of the search of the Office’s Database of Marks, and requests reconsideration of the refusal of registration under Secton 2(e)(1), 15 U.S.C. §1052(e)(1). The Office Action indicates that applicant’s mark, in connection with the identified goods, conveys that it is for lavender infused sleep products. Applicant respectfully submits that there is nothing in the present record that applicant’s goods are infused with lavender.
There are numerous registrations for marks containing the term “lavender” that could be infused with lavender, but those marks, like applicant’s marks are not merely descriptive because lavender could be descriptive, only if the mark actually is descriptive of the goods. For example U.S. Reg. No. 3249598 on LAVENDER for chemical resins for use in the manufacture of spray in place polyurethane insulation; and U.S. Reg. No. 4704318 on LAVENDER for birthing equipment; U.S. Reg. No. 4316093 on LAVENDER PAPERIE for stationery.
Moreover the term “SLEEP” combined with the term “LAVENDER” makes the mark distinctive. To applicant’s knowledge, SLEEP is not lavender or any other color or smell. The peculiar juxtoposition of LAVENDER and SLEEP in applicant’s mark makes the combination distinctive. See, e.g., Reg. No. 3101647 on LAVENDER CLEAN for cleaners, Reg. No. 4231130 on LAVENDER DREAMS for deodorizers; Reg. No. 5604200 on LAVENDER MOON for clothing; Reg. No. 5306356 on MORNING LAVENDER for clothing; Reg. No. 3308471 on LAVENDER HILL for wine. Because LAVENDER is not merely descriptive of "mattress toppers; mattresses; mattresses and pillows; air mattresses for use when camping; beds, mattresses, pillows and bolsters; camping mattresses; Inflatable mattresses for use when camping; latex mattresses; nap mats; sleep products, namely, mattresses, spring mattresses, box springs and mattress foundations; Spring mattresses" and for "mattress covers; mattress pads; contoured mattress covers" applicant respectfully submits that the refusal of registration should be withdrawn.
|
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Bryan K. Wheelock/ |
| SIGNATORY'S NAME | Bryan K. Wheelock |
| SIGNATORY'S POSITION | Attorney, Member Missouri Bar |
| SIGNATORY'S PHONE NUMBER | 314-726-7505 |
| DATE SIGNED | 02/28/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Feb 28 17:13:02 EST 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XX-2 0190228171302025930-88000 276-620a841d0cde01ff64fad 2ee8a71478629bc261dfc4532 6e788b53c614c3eb186-N/A-N /A-20190228170415823503 |
| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Applicant, respectfully requests reconsideration of the refusal of registration of its mark LAVENDER SLEEP for goods in Class 20 and 24.
Applicant notes the favorable results of the search of the Office’s Database of Marks, and requests reconsideration of the refusal of registration under Secton 2(e)(1), 15 U.S.C. §1052(e)(1). The Office Action indicates that applicant’s mark, in connection with the identified goods, conveys that it is for lavender infused sleep products. Applicant respectfully submits that there is nothing in the present record that applicant’s goods are infused with lavender.
There are numerous registrations for marks containing the term “lavender” that could be infused with lavender, but those marks, like applicant’s marks are not merely descriptive because lavender could be descriptive, only if the mark actually is descriptive of the goods. For example U.S. Reg. No. 3249598 on LAVENDER for chemical resins for use in the manufacture of spray in place polyurethane insulation; and U.S. Reg. No. 4704318 on LAVENDER for birthing equipment; U.S. Reg. No. 4316093 on LAVENDER PAPERIE for stationery.
Moreover the term “SLEEP” combined with the term “LAVENDER” makes the mark distinctive. To applicant’s knowledge, SLEEP is not lavender or any other color or smell. The peculiar juxtoposition of LAVENDER and SLEEP in applicant’s mark makes the combination distinctive. See, e.g., Reg. No. 3101647 on LAVENDER CLEAN for cleaners, Reg. No. 4231130 on LAVENDER DREAMS for deodorizers; Reg. No. 5604200 on LAVENDER MOON for clothing; Reg. No. 5306356 on MORNING LAVENDER for clothing; Reg. No. 3308471 on LAVENDER HILL for wine.
Because LAVENDER is not merely descriptive of "mattress toppers; mattresses; mattresses and pillows; air mattresses for use when camping; beds, mattresses, pillows and bolsters; camping mattresses; Inflatable mattresses for use when camping; latex mattresses; nap mats; sleep products, namely, mattresses, spring mattresses, box springs and mattress foundations; Spring mattresses" and for "mattress covers; mattress pads; contoured mattress covers" applicant respectfully submits that the refusal of registration should be withdrawn.