Response to Office Action

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)

---

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)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88299941 ROCK CANDY(Standard Characters, see http://uspto.report/TM/88299941/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

On June 4, 2019, my office received an Office Action letter about my client's Trademark Application, Serial No. 88299941, for the mark "Rock Candy." In the office action letter, you indicate that based on a review of my client's trademark application, the trademark office is refusing the trademark due to the "likelihood of confusion with registered mark" between "Rock Candy" and another mark "Rock Candy Girl." However, we believe there is no confusion between the two marks. The word mark "Rock Candy Girl" is used for "Body and beauty care cosmetics; cosmetic products, namely, body glitter, mascara, lip gloss, lipstick, eye shadow, eye pencils, lip balm, eye liner, body shimmer, body art pens, body perfumes, soaps, personal deodorants, make-up, blush, moisturizing cream, body lotion, powder for make- up, cosmetic gift sets containing non-medicated cosmetic preparations, cosmetic palettes, namely, eye shadows, eyeliners, lip stain and blush; compacts containing make-up, make-up remover; fingernail and toenail products, namely, nail enamel, nail accessories, namely, nail buffers and nail cream, nail polish, nail polish remover, nail decals, nail embellishments, namely, nail art stickers, artificial fingernails; hair products, namely, shampoos, conditioners, lotions, hair sprays, hair mascara, hair wax, hair gel" as outlined on the Trademark Electronic Search System. Even though the description of items covered by the mark of "Rock Candy Girl" is extensive, it is under classification number 3 for goods and services and makes no mention of an airbrush applicator or applicator kit, which is a mechanical device falling under under classification number 7, or associated sprays or applicators. We ran a search for airbrush applicators and "Rock Candy Girl" does not come up and does not show up in a way thatt may bring up our client's mark, as it for airbrush applicators--specifically vegan and cruelty free facial finishes and sprays--which are not covered by "Rock Candy Girl." The fact that the extensive list of Rock Candy Girl applies to a different classification and does not include an airbrush applicator or any associated vegan or cruelly free products shows that there should be no confusion between the two marks. Attached is a picture of the airbrush applicator our client is selling as a product. Please let me know if you have any questions.

EVIDENCE
Evidence in the nature of Air brush applicator kit with handpiece, cord, dispenser and box. has been attached. Evidence-1

SIGNATURE(S)
Response Signature
Signature: /Thomas L. Gourde/     Date: 06/12/2019
Signatory's Name: Thomas L. Gourde
Signatory's Position: Attorney of Record, California bar member.

Signatory's Phone Number: 949-825-6520

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88299941
Internet Transmission Date: Wed Jun 12 20:01:07 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201906122001076
60991-88299941-6201ed55abf7c3ffd061be1dc
3c67b9b8bf6960a446b6a9e63898e8ae742326-N
/A-N/A-20190612194634098223