To: | Pink Peacock, LLC (uspto@goodmanmooney.com) |
Subject: | U.S. Trademark Application Serial No. 88299086 - FORGIVEN - PIN01-207 |
Sent: | May 10, 2020 07:36:58 PM |
Sent As: | ecom111@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88299086
Mark: FORGIVEN
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Correspondence Address: |
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Applicant: Pink Peacock, LLC
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Reference/Docket No. PIN01-207
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: May 10, 2020
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.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
The applicant applied to register the mark FORGIVEN for “Non-medicated personal care preparations, namely, facial cleansers, facial mists, skin serums, nourishing skin care masks, non-medicated lip balms, sheet masks and moisturizing creams; personal care kits comprising non-medicated facial cleansers, non-medicated body mists, non-medicated skin serums, and non-medicated skin care masks; non-medicated lip balms; cosmetics and cosmetic preparations; non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; skin softeners; skin texturizers; beauty creams for body care; body and beauty care cosmetics.” The registered mark is FORGIVEN for “cologne; perfume; perfumes and colognes; eau de cologne; eau de perfume; eau de toilette and eau de cologne; eau-de-cologne.” The marks of the parties are confusingly similar.
In the present case, the marks of the parties are identical. There is nothing to distinguish the parties’ marks. Therefore, the marks are confusingly similar.
Goods/Services Compared
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See
TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
/Zachary Bello/
Attorney Advisor
Law Office 111
USPTO
571-272-9376
zack.bello@uspto.gov
How to respond. Click to file a response to this nonfinal Office action.
RESPONSE GUIDANCE