To: | PARFUMS CHRISTIAN DIOR (ricketts-docket@fzlz.com) |
Subject: | U.S. Trademark Application Serial No. 88635820 - OUD ROSEWOOD CHRISTIAN DIOR - PCDR 1912440 |
Sent: | January 07, 2020 11:02:58 AM |
Sent As: | ecom121@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88635820
Mark: OUD ROSEWOOD CHRISTIAN DIOR
|
|
Correspondence Address: |
|
Applicant: PARFUMS CHRISTIAN DIOR
|
|
Reference/Docket No. PCDR 1912440
Correspondence Email Address: |
|
PRIORITY ACTION
NONFINAL OFFICE ACTION
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: January 07, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On January 7, 2020, the examining attorney and applicant’s attorney, Allison Strickland Ricketts, discussed the issue below. Applicant must timely respond to this issue. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
DISCLAIMER REQUIRED
In this case, applicant must disclaim the wording “OUD ROSEWOOD” in the mark because it is not inherently distinctive. These unregistrable terms at best are merely descriptive of an ingredient, quality, characteristic, or feature of applicant’s goods. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached evidence from LiveAbout.com, LushUSA.com, Fortune.com, and OudBeauty.com shows “oud” (sometimes spelled “oudh”) refers to an oil extracted from a tree that has a “dark woody scent” and is commonly used in connection with similar perfume, makeup, cosmetic, and candle goods for its scent and purported skin benefits. Additionally, the attached evidence from LushUSA.com, Aromasdonaire.com, PaddyWax.com, RootCandles.com, and WorldMarket.com shows “rosewood” refers to the essential oil of the “Palo Rosa” tree that has an “earthy fragrance” and is commonly used in with similar perfume, makeup, cosmetic, and candle goods for its scent and purported skin benefits. Further, the attached evidence from ColorHexa.com shows that “rosewood” is a particular “very dark red” color. Finally, the attached evidence from 21Ninety.com, Makeup.com, and LorealParisUSA.com shows that various cosmetics and makeups are commonly scented. Thus, the wording merely describes applicant’s goods because applicant’s perfume, makeup, cosmetic, and candle goods encompass those scented with or have as ingredients oud and rosewood oils and/or are rosewood in color.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “OUD ROSEWOOD” 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.
RESPONSE GUIDELINES
How to respond. Click to file a response to this nonfinal Office action.
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.
/Steven W. Ferrell Jr./
Examining Attorney
Law Office 121
(571) 270-3424
steven.ferrell@uspto.gov
RESPONSE GUIDANCE