Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1219987
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`Filing date:
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`07/07/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Ex Parte Appeal -
`Serial No.
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`88861644
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`Appellant
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`SM Beauty, LLC
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`Applied for mark
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`LACE TINT
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`Correspondence
`address
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`Submission
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`Attachments
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`SANG LEE
`LAW OFFICES OF SANG LEE
`505 E GOLF ROAD
`SUITE H
`ARLINGTON HEIGHTS, IL 60005
`UNITED STATES
`Primary email: softbeeus@gmail.com
`Secondary email(s): slee000@aol.com, softbeeus@gmail.com
`847-208-8617
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`Supplemental brief
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`88861644OALaceTint07072022.pdf(55001 bytes )
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`Sang K Lee
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`slee000@aol.com, Tejbir.Singh@uspto.gov, softbeeus@gmail.com
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`/Sang K Lee/
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`07/07/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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` TO TRADEMARK TRIAL AND APPEAL BOARD
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`July 7, 2022
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`TO: Veronica P. White, Lead Paralegal Specialist:
`TRADEMARK TRIAL AND APPEAL BOARD
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`CC: Tejbir Singh, Trademark Attorney, Law Office 106
`United States Patent and Trademark Office
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`RE: Serial No.: 88861644
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`Mark:
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`Type: Standard Character Mark
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`Applicant: SM BEAUTY, LLC.
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`TTAB Letter Dated: May 9, 2022
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`Appeal Brief in Support of 88861644 Application
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`To Veronica P. White, Lead Paralegal Specialist, TTAB
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`In response to the Final Office Action issued on May 9, 2022 by the Trademark Examining
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`Attorney, the Applicant Sam's Beauty, Inc. respectfully appeals for 88861644 application
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`regarding the refusal of its mark “LACE TINT” with the reasoning as follows:
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`TO: Veronica P. White, Lead Paralegal Specialist, TTAB
`CC: Tejbir Singh, Trademark Attorney, Law Office 106, USPTO
`RE: Serial No.: 88861644 Mark: LACE TINT Applicant: SM BEAUTY, LLC. July 7,2022
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`The Applicant’s Mark is not, when used on or in connection with the goods of the
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`applicant, merely descriptive as per the Trademark Act 2(e)(1)
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`a. It is a stated principle of Trademark law that a mark which creates an incongruity is
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`distinct, as per TMEP 1213.05(d).
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`The Applicant’s mark consists of two individual elements, “LACE” and “TINT”. Of these,
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`“LACE” is a word with multiple meanings, including both “openwork” (noun) and “to mark
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`with streaks of color” (transitive verb), as defined by the Merriam-Webster online dictionary.
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`The Examiner has, thus far, taken into account only the meaning of “openwork” while
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`ignoring the meaning of “to mark with streaks of color”. The latter, combined with the
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`meaning of “TINT”, indicative of “dye for the hair” and “any of various lighter or darker
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`shades of a color” makes the mark essentially a repeat of the very similar concepts. This is
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`similar to In re John H. Breck, Inc., [150 USPQ 397, 398 (TTAB 1966)] where TINT
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`TONE was held suggestive for hair coloring, with the Board finding that the words overlap
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`in significance and their combination is somewhat incongruous or redundant and does not
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`immediately convey the nature of the product.
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`Additionally, the purpose of the product is to uniformly tint/lace the lace front of the wig for
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`better aesthetics of the hairline, in contrast with the impression of various shades and streaks
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`which are given by the coined term “LACE TINT”.
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`Accordingly, it is submitted that the given mark is clearly comprised on concepts that do not
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`form a cohesive picture at first glance, and is therefore incongruent, which in turn makes it
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`suggestive and not descriptive.
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`CONCLUSION
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`For the reasons stated above, the Applicant’s mark is not descriptive, merely suggestive. The
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`Applicant therefore believes that all outstanding issues with respect to the application for the
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`subject Mark have been addressed, and appeals to Trademark Trial and Appeal Board.
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`2
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`TO: Veronica P. White, Lead Paralegal Specialist, TTAB
`CC: Tejbir Singh, Trademark Attorney, Law Office 106, USPTO
`RE: Serial No.: 88861644 Mark: LACE TINT Applicant: SM BEAUTY, LLC. July 7,2022
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`Alternatively, the Applicant is open to any suggestions from the Examining Attorney or
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`from TRADEMARK TRIAL AND APPEAL BOARD.
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`The attorney may be reached by telephone at 847-208-8617 or slee000@aol.com by email.
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`Respectfully submitted,
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`Sang K Lee, Esq.
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`Attorney for Applicant
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`3
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