To: | CLEAR NOTIONS STUDIO LLC (samantha-pto@lozaip.com) |
Subject: | U.S. Trademark Application Serial No. 90021526 - NATURAL ESCENTIALS - AIPA-652B |
Sent: | May 23, 2021 11:00:12 AM |
Sent As: | ecom108@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90021526
Mark: NATURAL ESCENTIALS
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Correspondence Address:
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Applicant: CLEAR NOTIONS STUDIO LLC
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Reference/Docket No. AIPA-652B
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 23, 2021
This application was approved for publication on October 27, 2020. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue(s) below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
Mark is Merely Descriptive
In this case, applicant’s mark is NATURAL ESSENTIALS. As the previously attached evidence shows, the wording “NATURAL” refers to something “existing in or caused by nature.” The term merely describes a feature of the goods, namely, they are derived from natural ingredients. The mark contains an obvious misspelling of the descriptive term "ESSENTIALS". The attached evidence from various websites showing that "essentials" is commonly used in connection with similar goods to mean the basics of skin care and makeup. Therefore, the wording merely describes applicant's cosmetics products, which consist of a number of basic skincare items.
The mark merely describes the goods, namely, basic skin care products that are created from products that exist in nature. Consequently, registration is refused under Section 2(e)(1).
Acquired Distinctiveness
To amend the application to Section 2(f) based on five years’ use, applicant should request that the application be amended to assert a claim of acquired distinctiveness under Section 2(f) and submit the following written statement claiming acquired distinctiveness, if accurate:
The mark has become distinctive of the goods and/or services through the applicant’s substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
TMEP §1212.05(d); see 15 U.S.C. §1052(f); 37 C.F.R. §2.41(a)(2); TMEP §1212.08. This statement must be verified with an affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.41(a)(2); TMEP §1212.05(d); see 37 C.F.R. §2.193(e)(1).
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.
/alrademacher/
April L. Rademacher
Examining Attorney
USPTO
Law Office 108
571-270-3353
april.rademacher@uspto.gov
RESPONSE GUIDANCE