To: | Amazing Lash Franchise, LLC (DNTrademarkDocket@bhfs.com) |
Subject: | U.S. Trademark Application Serial No. 88414834 - FEATHERWEIGHT LASHES - 060938.0028 |
Sent: | July 24, 2019 09:13:41 PM |
Sent As: | ecom117@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88414834
Mark: FEATHERWEIGHT LASHES
|
|
Correspondence Address: BROWNSTEIN HYATT FARBER SCHRECK, LLP 410 SEVENTEENTH STREET, SUITE 2200
|
|
Applicant: Amazing Lash Franchise, LLC
|
|
Reference/Docket No. 060938.0028
Correspondence Email Address: |
|
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 24, 2019
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
SUMMARY OF ISSUES
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Registration is refused because the applied-for mark merely describes a feature or characteristic of applicant’s 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’s mark is FEATHERWEIGHT LASHES (in standard characters) for “Salon services, namely, artificial eyelash extension application services” in International Class 44.
The attached Internet evidence shows that the terms in the mark are defined as follows:
As the specimen of record and attached screenshot from the applicant’s website show, the applicant uses both terms in the mark to describe its eyelash products featured in its services: “We and our amazing staff members apply top-quality, featherweight eyelash extensions,” and “that’s the luxuriously simple lifestyle you can grow accustomed to after a lash stylist from the Amazing Lash Studio has applied your lightweight and comfortable semi-permanent eyelash extensions.” (See attached). Furthermore, the attached screenshots from third parties in the applicant’s industry show that it is common to use the terms in the marks to describe the goods featured in applicant’s services. (See attached). For example:
Thus, the applied for mark merely describes that applicant’s services feature eyelashes that are light in weight. Therefore, registration is refused under Trademark Act Section 2(e)(1).
SUPPLEMENTAL REGISTER ADVISORY
DISCLAIMER OF GENERIC MATTER ADVISORY
Applicant is advised that, if the application is amended to seek registration on the Supplemental Register, applicant will be required to disclaim “LASHES” because such wording appears to be generic in the context of applicant’s services. See 15 U.S.C. §1056(a); In re Wella Corp., 565 F.2d 143, 144, 196 USPQ 7, 8 (C.C.P.A. 1977); In re Creative Goldsmiths of Wash., Inc., 229 USPQ 766, 768 (TTAB 1986); TMEP §1213.03(b).
Applicant may submit a disclaimer in the following format:
No claim is made to the exclusive right to use “LASHES” 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
If the applicant has any questions or requires assistance in responding to this Office Action, please telephone or email the assigned examining attorney.
/Keyla Gandara/
Trademark Examining Attorney
Law Office 117
Telephone: (571) 272-7164
Email: Keyla.Gandara@USPTO.gov
RESPONSE GUIDANCE