To: | Transom Symphony OpCo, LLC (trademark@raklaw.com) |
Subject: | U.S. Trademark Application Serial No. 88494140 - BEAUTY QUEST GROUP - 3938-03 |
Sent: | September 24, 2019 02:05:51 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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88494140
Mark: BEAUTY QUEST GROUP
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Correspondence Address: 12424 WILSHIRE BOULEVARD, 12TH FLOOR
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Applicant: Transom Symphony OpCo, LLC
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Reference/Docket No. 3938-03
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: September 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 THE ISSUE
DISCLAIMER REQUIRED
In this case, applicant must disclaim the terms “BEAUTY” and “GROUP” in the mark because they are not inherently distinctive. These unregistrable terms at best are merely descriptive of characteristic, feature, or use of applicant’s goods, and merely designate the legal character or family business structure of an entity and do not indicate the source of applicant’s goods. See 15 U.S.C. §§1051-1053, 1052(e)(1), 1127; DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); In re Piano Factory Grp., Inc., 85 USPQ2d 1522, 1526 (TTAB 2006); In re Patent & Trademark Servs., Inc., 49 USPQ2d 1537, 1539-40 (TTAB 1998); TMEP §§1213, 1213.03(a), 1213.03(d).
The attached evidence shows that the term “BEAUTY” is defined as “denoting something intended to make someone more attractive,” and the term “GROUP” means a “commercial organization consisting of several companies under common ownership.” (See attached). Further, the attached evidence from third parties show that it is common in applicant’s industry to use the term “BEAUTY” to describe or identify a type of product. (See attached). For example:
Thus, the terms “BEAUTY” and “GROUP” in the applied-for-mark merely describe the type of products being offered by the applicant and applicant’s business structure.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “BEAUTY” and “GROUP” apart from the mark as shown.
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