To: | Amazing Lash Franchise, LLC (DNTrademarkDocket@bhfs.com) |
Subject: | U.S. Trademark Application Serial No. 88417474 - FEATHERWEIGHT CLASSIC LASHES - 060938.0029 |
Sent: | July 24, 2019 09:12:21 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 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 Attachment - 38 Attachment - 39 Attachment - 40 Attachment - 41 Attachment - 42 Attachment - 43 Attachment - 44 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88417474
Mark: FEATHERWEIGHT CLASSIC LASHES
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Correspondence Address: BROWNSTEIN HYATT FARBER SCHRECK, LLP 410 SEVENTEENTH STREET, SUITE 2200
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Applicant: Amazing Lash Franchise, LLC
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Reference/Docket No. 060938.0029
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 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 goods and 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 CLASSIC LASHES (in standard characters) for “Cosmetic pads; Eye liner; Eyebrow gel; Facial washes; Gel for removing synthetic eyelash glue; Mascara; Wipes impregnated with a skin cleanser; Adhesives for affixing false eyelashes; Artificial eyelashes with a broad spread of lashes designed to give an appearance of thicker, fuller lashes; Make-up primer; Sealer coatings for use in eyelash extension” in International Class 3, and “Salon services, namely, artificial eyelash extension application services” in Class 44.
The attached Internet evidence shows that the terms in the mark are defined as follows:
As the identification of goods shows, the applicant uses the term lash or eyelash to describe the goods, such as “artificial eyelashes with a broad spread of lashes designed to give an appearance of thicker, fuller lashes,” while the attached screenshot from the applicant’s website shows the applicant using the terms in the mark to describe its eyelash products which are featured in its services: “We and our amazing staff members apply top-quality, featherweight eyelash extensions,” “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,” and “Featherweight Classic Lashes from Amazing Lash Studio Chandler Ocotillo are the newest generation of classic lash extension!” (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 mark to describe a feature and the very nature of applicant’s goods, as well as to describe the goods featured in applicant’s services. (See attached). For example:
Thus, the applied for mark merely describes that applicant provides eyelashes that are simple and light in weight and features said type of eyelashes in its services. Therefore, registration is refused under Trademark Act Section 2(e)(1).
SUPPLEMENTAL REGISTER ADVISORY
If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the application effective filing date will be the date applicant met the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use. TMEP §§816.02, 1102.03; see 37 C.F.R. §2.75(b). In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
DISCLAIMER OF GENERIC MATTER ADVISORY
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