To: | Keyonte Stirgus (Info@justkeyproductions.com) |
Subject: | U.S. Trademark Application Serial No. 90000260 - QUEENLY FOR NATURAL HAIR CARE A - N/A |
Sent: | September 24, 2020 10:56:43 AM |
Sent As: | ecom113@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90000260
Mark: QUEENLY FOR NATURAL HAIR CARE A
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Correspondence Address:
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Applicant: Keyonte Stirgus
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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: September 24, 2020
SEARCH OF USPTO DATABASE OF MARKS
DRAWING OF MARK INCLUDES TM SYMBOL – AMENDMENT REQUIRED
Applicant must submit a new drawing with the TM symbol deleted from the drawing of the mark; this symbol is not part of the mark and is not registrable. See 37 C.F.R. §2.72; TMEP §807.14(a). Although applicant must delete this matter, applicant may not make any other changes or amendments that would materially alter the drawing of the mark. See 37 C.F.R. §2.72; TMEP §§807.14 et seq. For more information about deleting matter from the drawing, see the Drawing webpage.
DESCRIPTION OF MARK INCOMPLETE – AMENDMENT REQUIRED
The following description is suggested, if accurate:
The mark consists of the wording “QUEENLY FOR NATURAL HAIR CARE A JUST KEY PRODUCTIONS PRODUCT” the wording “QUEENLY” written in a white stylized font with the wording “FOR NATURAL HAIR CARE” immediately below in the same but smaller white font. A black silhouette of a woman outlined in light purple and wearing a gold crown separates the “E”s in “QUEENLY” and the terms “NATURAL” and “HAIR”. There is a shining gold light in between the woman’s legs, and she is standing on an ornate gold scroll-like design. Above the silhouette is a larger gold scroll-like design. At the bottom is the wording “A JUST KEY PRODUCTIONS PRODUCT” in white. All of the foregoing is contained in a dark purple circle with a light purple ornate scroll-like pattern superimposed on top.
DISCLAIMER REQUIRED
Specifically, the term “NATURAL” means, “existing in or caused by nature; not made or caused by humankind”, the term “HAIR” means, “hairs collectively, especially those growing on a person's head” and the term “CARE” means, “the provision of what is necessary for the health, welfare, maintenance, and protection of someone or something.” When used together as they are in the applied-for mark the phrase conveys that applicant’s product is used to take care of one’s naturally textured hair. See attached definitions of “natural,” “hair,” and “care” from Oxford English Dictionary. Additional attached evidence shows use of the terms by third-parties to describe hair care products, as such, the terms are descriptive of applicant’s goods and must be disclaimed. See screenshots from Pantene, Suave, and NBC News.
Further, applicant must disclaim the wording “PRODUCTION PRODUCT” because it is merely descriptive of a quality, characteristic, function, feature, or purpose 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).
Specifically, the term “PRODUCTION” means, “the action of making or manufacturing from components or raw materials, or the process of being so manufactured” and the term “PRODUCT” means, “An article or substance that is manufactured or refined for sale.” As used in the applied-for mark the terms simply convey to the consumer that the goods were manufactured and that they are a product for sale, and does not serve any source identifying function. See attached definitions of “production” and “product” from Oxford English Dictionary. As such, the terms are incapable and should be disclaimed.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “NATURAL HAIR CARE” and “PRODUCTION PRODUCT” 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.
SPECIMEN ILLEGIBLE – AMENDMENT REQUIRED
Registration is refused because the specimen in International Class 003 is illegible and does not show the applied-for mark as actually used in commerce. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a), (c); TMEP §§904, 904.07(a), 1301.04(g)(i). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of goods and/or services identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Examples of specimens. Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods. See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m). A webpage specimen submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods. TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c).
Any webpage printout or screenshot submitted as a specimen, whether for goods or services, must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a true copy of the originally submitted specimen that is clear and legible, with a statement by the person who transmitted it that it is a true copy of the specimen that was originally submitted.
(2) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application and (b) shows the mark in actual use in commerce for the goods identified in the application. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(3) Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and 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.
Because of the legal technicalities and strict deadlines of the trademark application process, applicant is encouraged to hire a private attorney who specializes in trademark matters to assist in this process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
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.
How to respond. Click to file a response to this nonfinal Office action.
/John Spencer Sanders II/
J. Spencer Sanders II
Examining Attorney
Law Office 113
(571) 270-1802
john.sanders@uspto.gov
RESPONSE GUIDANCE