To: | Peach and Lily, Inc. (docket@hpdlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88398985 - GLASS SKIN REFINING SERUM - 51313-00074 |
Sent: | July 03, 2019 04:22:11 PM |
Sent As: | ecom115@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 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88398985
Mark: GLASS SKIN REFINING SERUM
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Correspondence Address: |
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Applicant: Peach and Lily, Inc.
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Reference/Docket No. 51313-00074
Correspondence Email Address: |
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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: July 03, 2019
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.
Summary of Issues that Applicant Must Address
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Registration is refused because the applied-for mark merely describes the applicant’s goods and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
The applicant applied to register the mark GLASS SKIN REFINING SERUM for, “Cosmetics; Make-up; Non-medicated skin care preparations.” The proposed mark merely corresponds to wording which is not arbitrary, but bears a logical relationship to the goods/services provided by the applicant. The term GLASS SKIN is a “fancy name for clear, luminous, seemingly transparent skin.” “Glass skin is a term for exceptionally smooth, even-toned and lustrous skin that’s so flawless it has the appearance of glass.” The term REFINING is defined as “to free from imperfection, coarseness, crudeness, etc.; make more elegant or cultivated.” The term SERUM is defined as “serum as skincare refers to watery fluid made of almost anything designed to make skin more beautiful.” Please see attached definition(s)/article(s) obtained from the Internet on July 2, 2019.
The wording GLASS SKIN REFINING SERUM is merely descriptive of the applicant’s goods/services, namely, a refining serum for achieving glass skin like appearance. The mark immediately names the exact nature of the goods/services and does nothing else. Accordingly, the mark is refused registration on the Principal Register under Section 2 (e) (1).
Prior Pending Applications
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
Advisory – Supplemental Register/Disclaimer
Applicant may submit a disclaimer in the following format:
No claim is made to the exclusive right to use “SERUM” apart from the mark as shown.
TMEP §1213.08(a)(i).
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
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.
How to respond. Click to file a response to this nonfinal Office action
/Curtis French/
Trademark Attorney
Law Office 115
571-272-9472
curtis.french@uspto.gov
RESPONSE GUIDANCE