To: | Shenzhen Sunrise Technology Co.,Ltd (syetm@reidwise.com) |
Subject: | U.S. Trademark Application Serial No. 88808908 - PERFUME - N/A |
Sent: | May 13, 2020 10:04:39 AM |
Sent As: | ecom111@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88808908
Mark: PERFUME
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Correspondence Address:
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Applicant: Shenzhen Sunrise Technology Co.,Ltd
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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: May 13, 2020
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.
Disclaimer
Applicant must disclaim the wording “PERFUME” in the mark because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. 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 dictionary evidence shows this wording PERFUME is defined as, “a fragrant liquid typically made from essential oils extracted from flowers and spices, used to impart a pleasant smell to one’s body or clothes.”
The attached evidence also shows that a “fragrance lamp, also known as a ‘perfume lamp,’ effusion lamp, or a ‘catalytic lamp’ is a lamp that dispenses scented alcohol using a heated stone attached to a cotton wick.” As such, this wording is commonly used in connection with similar goods and/or services to mean that applicant’s lamps or lighting fixtures are scented with PERFUME. Thus, the wording merely describes applicant’s goods and/or services because it describes a feature or characteristic of applicant’s goods.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “PERFUME” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Telephone for Clarification Recommended
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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How to respond. Click to file a response to this nonfinal Office action.
/Inga Ervin/
Trademark Examining Attorney
Law Office 111
United States Patent & Trademark Office
571-272-9379
571-273-9379(fax)
Inga.Ervin@uspto.gov
RESPONSE GUIDANCE