To: | Hansgrohe SE (trademarks@mascohq.com) |
Subject: | U.S. Trademark Application Serial No. 88562632 - RAINSCENT - 154-4102-T |
Sent: | November 11, 2019 09:16:38 PM |
Sent As: | ecom107@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. 88562632
Mark: RAINSCENT
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Correspondence Address:
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Applicant: Hansgrohe SE
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Reference/Docket No. 154-4102-T
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: November 11, 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.
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).
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE – class 3
Applicant’s applied-for mark is “RAINSCENT” for “non-medicated cosmetics; non-medicated body and beauty care preparations; non- medicated toiletry preparations; cosmetic preparations for body care; bath soaps; cosmetic soaps; preparations for baths, not for medical purposes; bath and shower gels, not for medical purposes; antiperspirants; non-medicated dentifrices; cosmetic preparations for the care of mouth and teeth; perfumery; perfume; fragrances; oils for perfumes and scents; essential oils; perfumed extracts for perfumes; essences for cosmetic purposes; hair care preparations; cleaning agents for cleaning surfaces; air fragrancing preparations” in International Class 3.
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
In this case, both the individual components and the composite result are descriptive of applicant’s goods and/or services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. Specifically, the mark is a composite of the terms “rain” meaning “water that falls in drops from clouds in the sky” and “scent” meaning “a particular smell, especially a pleasant one”. See attached definitions below:
Therefore the individual terms merely describe a feature of applicant’s goods by merely describing what applicant’s goods smell like in that applicant’s goods feature a particular smell, especially a pleasant one that smells like water that falls in drops from clouds in the sky.
Further, the composite is commonly used in the cosmetic industry to describe that their products smell like rain. See attached evidence below:
Based on the evidence and analysis above, applicant’s applied-for mark is merely descriptive and must be refused under Section 2(e)(1) of the Latham Act.
CLASS 003
“Non-medicated cosmetics; non-medicated body and beauty care preparations, all in the nature of cosmetics; non-medicated toiletry preparations; cosmetic preparations for body care; bath soaps; cosmetic soaps; Cosmetic preparations for baths, not for medical purposes; bath and shower gels, not for medical purposes; antiperspirants; non-medicated dentifrices; cosmetic preparations for the care of mouth and teeth; perfumery; perfume; fragrances; oils for perfumes and scents; essential oils; perfumed extracts for perfumes; essences for cosmetic purposes {indicate type of good i.e. in the nature of flower essences for cosmetic purposes}; hair care preparations; cleaning agents for cleaning surfaces; air fragrancing preparations”
CLASS 011
“Water supply equipment and sanitary installations {indicate type of good i.e. in the nature of flower essences for cosmetic purposes}; thermostatic mixing valves; plumbing fittings with manual and automatic controls {indicate type of good i.e. in the nature of flower essences for cosmetic purposes}; taps for washstands; bidet taps; taps being faucets; showers; shower stands; overhead showers; lateral-jet showers; handheld showers; flexible pipes being parts of shower plumbing installations; shower sets consisting of a shower, shower stands and flexible pipe being part of a shower plumbing installation; shower sets consisting of a shower, shower stand, flexible pipe being part of a shower plumbing installation, and faucet; shower systems {indicate type of good i.e. in the nature of shower systems consisting of a shower, shower stand, flexible pipe being part of a shower plumbing installation, and faucet}; shower systems having equipment for providing, selecting and controlling water jets, water flow and water temperature, and, optionally, lighting, acoustic signals, such as music, and scents {indicate type of good i.e. in the nature of shower systems consisting of a shower, shower stand, flexible pipe being part of a shower plumbing installation, and faucet}; shower cubicles; bath installations; inflow and outflow fittings, and drainage and overflow fittings for sanitary basins, for washstands, for sink units, for bidets, for bathtubs and for shower trays, all being plumbing fittings; plumbing fittings, namely, spouts and drains; lighting apparatus, namely, lighting installations; regulating accessories for water supply {indicate type of good i.e. namely, metered valves}; bath tubs; shower tubs; hot tubs; urinals being sanitary fixtures; bidets; sinks; installation and fastening parts for sanitary installations, not of metal {indicate type of parts i.e. in the nature of Cocks for pipes and pipelines being parts of sanitary installations}; water sockets for sanitary installations being parts of sanitary installations; equipment, in particular spraying equipment for discharging fragrances, essential oils, cosmetics specifically adapted for a shower system {indicate what system is comprised of i.e. comprised of a hand shower, shower head, shower body sprayers, water diverter, shower house, shower grab bars in both metal and non-metal”
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
COMMENTS
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
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
Clinton Johnson
/Clinton Johnson/
Trademark Examining Attonrney
Law Office 107
571-272-0425
clinton.johnson@uspto.gov
RESPONSE GUIDANCE