To: | Shake-N-Go Fashion Inc. (bkchun@snghair.com) |
Subject: | U.S. Trademark Application Serial No. 88666783 - ROLLER SET - N/A |
Sent: | December 20, 2019 11:52:10 AM |
Sent As: | ecom116@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88666783
Mark: ROLLER SET
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Correspondence Address:
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Applicant: Shake-N-Go Fashion Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: December 20, 2019
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.
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
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 seeks to register the mark ROLLER SET for “Hair products, namely, hairpieces, hair extensions, hair weaves, hair for use in weaving hair, wigs, hair braids, and ponytail.”
As the attached screenshots from a search of the Internet show, roller set describes a type of hairstyle or method of styling hair. See http://www.byrdie.com/wet-set-definition-and-tips-for-setting-black-hair-400259 (“Also known as a "roller set" or a "wash and set," a wet set can either create curls or straighten hair, depending on the tools you decide to use.”) http://www.pinterest.com/pin/322218548322933684/ http://shop.wigsbuy.com/Roller-Set-Wig/ http://www.wigtypes.com/freetress_equal_synthetic_half_wig_drawstring_fullcap_natural_roller_set.php http://www.beautywithinclinic.com/category/roller-set-waves-on-medium-hair The applicant is using/intends to use the mark in connection with roller set wigs and hairpieces and term merely describes a feature, function or use of the goods and registration on the Principal Register must be refused under Trademark Act Section 2(e)(1).
NO BASIS
Applicant has not specified a filing basis in the application. An application must specify and meet the requirements of at least one filing basis. 37 C.F.R. §§2.32(a)(5), 2.34(a); TMEP §806. Accordingly, applicant must (1) amend the application to specify clearly at least one filing basis, and (2) satisfy all the requirements for the basis or bases asserted.
An applicant may add one or more of the following four bases to an application after filing:
(1) Use of the mark in commerce under Trademark Act Section 1(a);
(2) A bona fide intention to use the mark in commerce under Section 1(b);
(3) A foreign registration of the same mark for the same goods and/or services in an applicant’s country of origin, under Section 44(e); and/or
(4) A claim of priority based on an earlier-filed foreign application of the same mark for the same goods and/or services, which is filed within six months after the filing date of the foreign application, under Section 44(d).
Although an applicant may assert more than one basis, an applicant may not assert both Section 1(a) for use and Section 1(b) for intent to use for identical goods and/or services. 37 C.F.R. §2.34(b); TMEP §806.02(b).
For more information about the different legal requirements for each basis, for submitting more than one basis, and for instructions on how to satisfy these requirements online using the Trademark Electronic Application System (TEAS) form, please go to the Basis webpage.
How to respond. Click to file a response to this nonfinal Office action.
/Jennifer M. Martin/
Jennifer M. Martin
Examining Attorney
Law Office 116
(571) 272-9193
Jennifer.Martin@uspto.gov
RESPONSE GUIDANCE