To: | Zhang Qi (ShawnZhong99@yahoo.com) |
Subject: | U.S. Trademark Application Serial No. 90373171 - RAINBOW BATH BOMBS - N/A |
Sent: | June 12, 2021 03:27:58 PM |
Sent As: | ecom109@uspto.gov |
Attachments: | Attachment - 1 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90373171
Mark: RAINBOW BATH BOMBS
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Correspondence Address:
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Applicant: Zhang Qi
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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: June 12, 2021
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
NO SIMILAR MARKS
Applicant, however, must respond to the following requirement.
Applicant must disclaim the wording “BATH BOMBS” 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 evidence from Wiktionary shows this wording means “A hard-packed mixture of chemicals which effervesces when wet, used to add scent and colour to bathwater”. As shown by the identification and specimen, applicant goods consist of bath bombs. Thus, the wording merely describes a feature of the 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 “BATH BOMBS” 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.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and/or 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.
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.
/Robert J. Struck/
Robert J. Struck
Trademark Examining Attorney
Law Office 109
Robert.Struck@uspto.gov
571-272-1513
How to respond. Click to file a response to this nonfinal Office action.
RESPONSE GUIDANCE