To:
`
`Subject:
`Sent:
`Sent As:
`
`PIERCE(info@rjpiercelaw.com)ROSEZENA
`J.
`ROSEZENA
`PIERCE(info@rjpiercelaw.com)
`U.S. Trademark Application Serial No. 90843872 - POUSSEY
`October 11, 2023 12:56:49 PM EDT
`tmng.notices@uspto.gov
`
`J.
`
`Attachments
`
`screencapture-www-collinsdictionary-com-dictionary-english-hand-cream-16969635392321
`screencapture-encyclopedia-thefreedictionary-com-skin-cream-16969636786231
`screencapture-www-collinsdictionary-com-dictionary-english-eye-cream-16969638112581
`screencapture-www-marieclaire-com-beauty-g26766855-best-foot-creams-16969638693851
`screencapture-www-health-harvard-edu-staying-healthy-
`managing_common_vulvar_skin_conditions-16969771914171
`screencapture-www-amazon-com-NeuEve-C2-AE-Vulva-Balm-Cream-Moisturizer-dp-
`B00CHY132G-16969773146961
`screencapture-www-amazon-com-Intimate-Feminine-Irritation-Relieves-Menopause-dp-
`B0071Q5PL0-16969775561701
`screencapture-thehoneypot-co-products-herbal-vulva-cream-16969778759221
`screencapture-whywelikethis-com-best-vulvar-creams-16969784258361
`6593512
`7042117
`7069668
`6882923
`6946047
`screencapture-www-soulsource-com-products-vmagic-intimate-skin-cream-16970420924651
`screencapture-www-manscaped-com-products-crop-cleanser-groin-wash-manscaping-
`16970421343251
`screencapture-www-amazon-com-dp-B0725Y1K2L-16970421878431
`screencapture-www-facebook-com-100057446417938-videos-our-pussie-potion-mist-is-a-
`herbal-infused-mist-1127910910963827-16970423969931
`screencapture-mcbskincare-com-products-untitled-sep6_18-35-16970424715891
`screencapture-www-amazon-com-Vaginal-Instant-Tightening-Shrink-Actress-dp-
`B0CH82Q9F9-16970425704971
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.  90843872
`
`Mark:   POUSSEY
`
`Correspondence Address:  
`Rosezena J. Pierce
`R.J. PIERCE LAW GROUP, P.C.
`205 N Michigan Ave
`SUITE 810
`Chicago IL 60601
`UNITED STATES
`
`

`

`Applicant:   Bella Kosmetics Skin & Body Care
`
`Reference/Docket No.  N/A
`
`Correspondence Email Address:   info@rjpiercelaw.com; info@rjpiercelaw.com
`
`
`
`
`
`
`REQUEST FOR RECONSIDERATION AFTER FINAL ACTION DENIED
`
`Issue date:   October 11, 2023
`
`Applicant’s request for reconsideration is denied.   See 37 C.F.R. §2.63(b)(3).  The trademark
`examining attorney has carefully reviewed applicant’s request and determined the request did not:  (1)
`raise a new issue, (2) resolve all the outstanding issue(s), (3) provide any new or compelling evidence
`with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or
`shed new light on the outstanding issue(s).  TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`Accordingly, the following requirement(s) and/or refusal(s) made final in the Office action dated June
`6, 2023, are maintained and continued as discussed below: 
`
`
`•
`•
`•
`•
`
`refusal pursuant to Trademark Act Section 2(e)(1); 
`refusal pursuant to Trademark Act Sections 1, 2 and 45;
`refusal pursuant to Trademark Act Sections 1 and 45; and
`requirement for information
`
`
`See TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`REGISTRATION REFUSED UNDER TRADEMARK ACT SECTION 2(e)(1)
`
`Registration is refused because the applied-for mark POUSSEY merely describes the characteristic(s)
`and/or purpose of applicant’s goods.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see
`TMEP §§1209.01(b), 1209.03 et seq.
`
` A
`
` mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature,
`purpose, or use of an applicant’s goods and/or services.  TMEP §1209.01(b); see, e.g., In re TriVita,
`Inc., 783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015) (quoting In re Oppedahl & Larson
`LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d
`1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of
`Patents, 252 U.S. 538, 543 (1920)). 
`
` A
`
` novel spelling or an intentional misspelling that is the phonetic equivalent of a merely descriptive
`word or term is also merely descriptive if purchasers would perceive the different spelling as the
`equivalent of the descriptive word or term.  See In re Quik-Print Copy Shop, Inc., 616 F.2d 523, 526 &
`n.9, 205 USPQ 505, 507 & n.9 (C.C.P.A. 1980) (holding “QUIK-PRINT,” phonetic spelling of “quick-
`print,” merely descriptive of printing and photocopying services); In re Calphalon Corp., 122 USPQ2d
`1153, 1163 (TTAB 2017) (holding “SHARPIN”, phonetic spelling of “sharpen,” merely descriptive of
`cutlery knife blocks with built-in sharpeners); In re Carlson, 91 USPQ2d 1198, 1203 (TTAB 2009)
`
`

`

`(holding “URBANHOUZING,” phonetic spelling of “urban” and “housing,” merely descriptive of real
`estate services); TMEP §1209.03(j).
`
`Here, the previously attached dictionary definition from American Heritage Dictionary shows that the
`word “poussey” in the mark is an intentional misspelling and the phonetic equivalent of the word
`“pussy,” which is generally considered to be an offensive and/or slang term for the vagina or vulva. See
`https://www.ahdictionary.com/word/search.html?q=pussy,
`visited
`on
`April
`28,
`2022;
`https://search.credoreference.com/content/entry/rawdeod/pussy/0 and  https://www.oxfordreference.com/display/10.1093/acref/9780199543700.001.0001/acref-
`9780199543700-e-3861?rskey=H2037f&result=3,  visited on December 9, 2022. 
`
`The evidence of record further shows that some lotions, creams, oils and related goods are sometimes
`designed for and used on the genitals, and that wording such as "genitals" and "vulva" are sometimes
`used to describe this feature and/or purpose of such goods, or the type of goods themselves. This
`evidence includes pages from the following Internet sites.
`
`
`VSPOT: https://www.vspotmd.com/products/goodsex
`
`Kindra: https://ourkindra.com/products/the-daily-vaginal-lotion
`
`Soul Source: https://www.soulsource.com/products/vmagic-intimate-skin-cream
`
`Original Swiss Aromatics: https://www.soulsource.com/products/vmagic-intimate-skin-
`cream
`
`Manscaped: https://www.manscaped.com/products/crop-cleanser-groin-wash-manscaping
`
`https://www.amazon.com/dp/B0725Y1K2L?linkCode=ogi&tag=menshealth-
`
`Amazon:
`auto-
`20&ascsubtag=%5Bartid%7C2139.a.19547109%5Bsrc%7C%5Bch%7C%5Blt%7Csale%5Bpid%7Ca707aa48-
`9bc1-4e70-8be7-d1dbcfd9bae9
`
`
`All visited on December 9, 2022. 
`
`The attached third-party registrations show the term "pussy" disclaimed as descriptive when used in
`relation to creams, lotions and related goods. These registrations include the following: 
`
`
`
`ID    Serial    Filed    Status    Mark
`1    97047379    20210927    V ®    THE GOOD PUSSY FEMININE CARE
`2    97331121    20220325    V ®    PUSSIE POTION
`
`3    90798846    20210628    V ®    YUMMIE PUSSY
`4    90265053    20201020    V ®    PUSSY FAIRY
`5    90878183    20210811    V ®    PUSSY EMPOWERED
`
`
`
`
`
`
`
`
`
`
`Third-party registrations featuring goods and/or services the same as or similar to applicant’s goods
`and/or services are probative evidence on the issue of descriptiveness where the relevant word or term
`is disclaimed, registered under Trademark Act Section 2(f) based on acquired distinctiveness, or
`registered on the Supplemental Register. E.g., In re Morinaga Nyugyo Kabushiki Kaisha, 120 USPQ2d
`
`

`

`1738, 1745 (TTAB 2016) (quoting Inst. Nat’l des Appellations D’Origine v. Vintners Int’l Co., 958
`F.2d 1574, 1581-82, 22 USPQ2d 1190, 1196 (Fed. Cir. 1992)); In re Box Solutions Corp., 79 USPQ2d
`1953, 1955 (TTAB 2006).
`
`The following third-party Internet evidence likewise shows descriptive use of the slang term "pussy" to
`describe a feature of creams, lotions, gels and/or similar goods. 
`
`https://www.facebook.com/100057446417938/videos/our-pussie-potion-mist-is-a-herbal-infused-mist-
`/1127910910963827/
`https://mcbskincare.com/products/untitled-sep6_18-35
`https://www.amazon.com/Vaginal-Instant-Tightening-Shrink-Actress/dp/B0CH82Q9F9
`
`All visited on October 11, 2023. 
`
`The attached evidence also shows similar use of the equivalent word "vulva" and related terms to refer
`to similar preparations and their use. This evidence includes pages from the following websites.
`
`
`
`https://www.health.harvard.edu/staying-
`healthy/managing_common_vulvar_skin_conditions
`
`https://www.amazon.com/NeuEve%C2%AE-Vulva-Balm-Cream-
`Moisturizer/dp/B00CHY132G
`
`https://www.amazon.com/Intimate-Feminine-Irritation-Relieves-
`Menopause/dp/B0071Q5PL0
`
`https://thehoneypot.co/products/herbal-vulva-cream
`
`https://whywelikethis.com/best-vulvar-creams/#gsc.tab=0
`
`
`
`All visited on October 10, 2023.
`
`Such usage is comparable to the use of words such as "hand" and "foot" to describe the purpose and
`type of goods. The attached evidence shows use of words like "hand," "skin," "eye," and "foot" to refer
`to types of creams, lotions and other preparations and where they are intended to be applied. This
`evidence includes pages from the following websites.
`
`
`
`https://www.collinsdictionary.com/dictionary/english/hand-cream; 
`
`https://encyclopedia.thefreedictionary.com/skin+cream; 
`
`https://www.collinsdictionary.com/dictionary/english/eye-cream; 
`
`https://www.marieclaire.com/beauty/g26766855/best-foot-creams/.
`
`

`

`
`
`All visited on October 10, 2023.
`
`Appilcant's Goods
`
`Applicant’s specimens indicate that applicant’s goods are for “feminine care” and include a “feminine
`yoni spray.” The previously attached definition shows that the word “yoni” means a representation of a
`vulva. See https://www.ahdictionary.com/word/search.html?q=yoni, visited on April 28, 2022.
`
`The attached pages from applicant's website show that applicant's goods include gels, oils, and related
`goods for use on the skin, including the genitals. This evidence includes the following pages from
`applicant's website. 
`
`
`
`Shower gel:
`
`
`
`https://www.bellakosmetics.com/products/sacred-yoni-shower-gel, ("[o]ur...gel is a must-
`have for your daily feminine care routine. Natural and organic ingredients create balance to
`your Sacred Place's pH levels, helping with vaginal tightness, yeast infections, bacterial
`vaginosis, and other common issues related to your 'V.'");
`
`
`
`https://www.bellakosmetics.com/products/divine-goddess-moringa-yoni-shower-gel,
`("Everyone deserves healthy donis, especially those experiencing a little trouble down
`there. Made from all-natural ingredients like Moringa, Lemon, and Lime essential oils, this
`gentle gel instantly nutures your sacred lady part back to optimal health and
`performance..."); 
`
`
`
`Oil: 
`
`
`
`https://www.bellakosmetics.com/products/divine-goddess-yoni-
`oil?pr_prod_strat=use_description&pr_rec_id=ad81dfb42&pr_rec_pid=7376465232029&pr_ref_pid=7376467361949&pr_seq=uniform,
`("Ladies, are you dealing with dry, sensitive, or painful vaginal issues? Its time to bring
`your Yoni back to life with our ultra-soothing Divine Poussey Oil...this natural herbal
`blend fights odors, helps to restore a healthy and balanced pH, tightens skin, fights bad
`bacteria & yeast, reduce inflammation or irritated skin, and can help hormonal changes
`from periods to menopause...[r]educes vaginal dryness...[s]mooth out tender vaginal
`tissue");
`
`
`
`

`

`Herbal mix for Steam treatment
`
`
`
`https://www.bellakosmetics.com/products/divine-goddess-yoni-
`steam?pr_prod_strat=use_description&pr_rec_id=55cde02a9&pr_rec_pid=7376465133725&pr_ref_pid=7376465232029&pr_seq=uniform,
`("By applying gentle heat and moisture, herbal steam permeates the external vagina and
`carries medicinal plant properties to the tissues, increasing circulation. The plant medicines
`are absorbed into the bloodstream and circulated into the reproductive system where they
`help to stimulate healing. This powerful ritual helps nourish the vagina while healing and
`restoring divine feminity...cleanse the vagina and uterus...regulate menstuation..."]; 
`
`
`
`Scrub
`
`
`
`https://www.bellakosmetics.com/products/hello-sunshine-yoni-
`scrub?pr_prod_strat=use_description&pr_rec_id=55cde02a9&pr_rec_pid=7376466542749&pr_ref_pid=7376465232029&pr_seq=uniform,
`("Show your Yoni some special attention with our Pretty Poussey Feminine Scrub...our
`scrub keeps your Yoni hydrated, tight, and fresh while combating urinary tract infections,
`yeast infections, fatigue, PMS, cramps, ingrown hairs, and more.").
`
`
`
`All visited on December 5, 2022. 
`
`Thus, applicant’s goods are intended for use on or in relation to the vagina or vulva and the word
`“pussy” and its phonetic equivalent(s) merely describe the nature and purpose of applicant’s goods.
`
`Applicant's Argument(s): 
`
`Applicant claims that the wording "poussey" is a double entendre.  October 21, 2022, response, pp. 10
`and 11.  Applicant also claims that the mark is not descriptive because it "has multiple meanings."
`noting that the word that forms the mark can also be used to refer to a cat. October 21, 2022, response,
`p. 11, April 6, 2023, request for reconsideration, p. 10.
`
`However, it is well-established that whether the mark has other meanings in relation to irrelevant goods
`and/or services is not dispositive.  Descriptiveness is considered in relation to the relevant goods and/or
`services. DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254, 103 USPQ2d
`1753, 1757 (Fed. Cir. 2012). “That a term may have other meanings in different contexts is not
`controlling.” Robinson v. Hot Grabba Leaf, LLC, 2019 USPQ2d 149089, at *5 (TTAB 2019) (citing In
`re Canine Caviar Pet Foods, Inc., 126 USPQ2d 1590, 1598 (TTAB 2018)); TMEP §1209.03(e). “It is
`well settled that so long as any one of the meanings of a term is descriptive, the term may be considered
`to be merely descriptive.” In re Mueller Sports Med., Inc., 126 USPQ2d 1584, 1590 (TTAB 2018)
`(quoting In re Chopper Indus., 222 USPQ 258, 259 (TTAB 1984)).
`
`Applicant acknowledges that "if consumers knew that [the mark] was registered for skincare, it would
`
`

`

`merely suggest that the skincare would be suitable or targeted for the vagina." April 6, 2023, Request
`for reconsideration, p. 10. Nevertheless, applicant also claims that "[c]onsumers would not understand
`[the mark] to mean [the type and purpose of applicant's goods]." October 21, 2022, response, p. 12.
`However, it has long been the law that "[w]hether consumers could guess what the product [or service]
`is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366
`(TTAB 1985). The question is not whether someone presented only with the mark could guess
`what the goods and/or services are, but “whether someone who knows what the goods and[/or]
`services are will understand the mark to convey information about them.” DuoProSS Meditech Corp. v.
`Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012) (quoting In
`re Tower Tech, Inc., 64 USPQ2d 1314, 1316-17 (TTAB 2002)); In re Mueller Sports. Med., Inc., 126
`USPQ2d 1584, 1587 (TTAB 2018).
`
`Applicant also claims that the registration of several marks cited by the applicant suggest that
`applicant's mark should be registered. However, the registrations cited by the applicant are for different
`marks and/or different services. Moreover, several of these marks include disclaimers for the word
`"pussy," which is the phonetic equivalent of applicant's mark. These disclaimers demonstrate the
`descriptiveness of the term "pussy" and its phonetic equivalents in relation to applicant's types of goods
`and thereby support the refusal to register. Furthermore, it is not apparent from the application record
`that the evidence of record for the registrations that do not include a disclaimer or Section 2(f) claim
`established that the goods were specifically used for the vulva, as has been established by the evidence
`for this application record. Therefore, these marks have little, if any, probative value on the issue of
`descriptiveness. 
`
`Thus, applicant’s arguments have been considered but are inconsistent with the relevant trademark law
`and evidence of record and are unpersuasive.
`
`Therefore, since the applied-for mark merely describes the applicant’s goods, registration is refused in
`accordance with the Trademark Act.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see
`TMEP §§1209.01(b), 1209.03 et seq.
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by
`submitting evidence and arguments in support of registration.  However, if applicant responds to the
`refusal(s), applicant must also respond to the requirement(s) set forth below.
`
`REGISTRATION REFUSED PURSUANT TO TRADEMARK ACT SECTIONS 1, 2 AND 45
`
`Registration is further refused in the alternative because the applied-for mark POUSSEY is a term that
`does not function as a trademark or service mark to indicate the source of applicant’s goods and to
`identify and distinguish them from others. Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§1051-
`1053, 1127.  In this case, the applied-for mark is a term that is widely used in the marketplace in
`various forms to merely convey information about applicant’s or similar goods and/or services.  See In
`re Boston Beer Co., 198 F.3d 1370, 1372-74, 53 USPQ2d 1056, 1058-59 (Fed. Cir. 1999) (holding
`THE BEST BEER IN AMERICA for beer and ale a common claim of superiority and incapable of
`registration); In re Melville Corp., 228 USPQ 970, 971 (TTAB 1986) (holding BRAND NAMES FOR
`LESS for retail clothing store services a common promotional phrase and incapable of registration);
`TMEP §1202.04(a). 
`
`Slogans and terms that are merely informational in nature, such as statements or laudatory phrases
`about goods and/or services ordinarily used in business or in a particular trade or industry, are not
`
`

`

`registrable.  See In re Eagle Crest, Inc., 96 USPQ2d 1227, 1229 (TTAB 2010).  Determining whether
`the slogan or term functions as a trademark or service mark depends on how it would be perceived by
`the relevant public.  In re Wal-Mart Stores, Inc., 129 USPQ2d 1148, 1150 (TTAB 2019) (citing D.C.
`One Wholesaler, Inc. v. Chien, 120 USPQ2d 1710, 1713 (TTAB 2016)); In re Eagle Crest, Inc., 96
`USPQ2d at 1229; TMEP §1202.04.  “The more commonly a [slogan or term] is used, the less likely
`that the public will use it to identify only one source and the less likely that it will be recognized by
`purchasers as a trademark [or service mark].”  In re Hulting, 107 USPQ2d 1175, 1177 (TTAB 2013)
`(quoting In re Eagle Crest, Inc., 96 USPQ2d at 1229); TMEP §1202.04(b).
`
`As discussed above, the evidence of record, applicant’s specimens of use and applicant's website all
`show that this term (and equivalent terms) are widely used in the marketplace to indicate that goods are
`used in relation to the vagina and/or vulva.  Because consumers are accustomed to seeing this term used
`in this manner, when it is applied to applicant’s goods, they would perceive it merely as informational
`matter indicating a slang and/or vulgar reference to the body part on, or in relation to which the goods
`are intended to be used. Thus, this term would not be perceived as a mark that distinguishes applicant’s
`goods from those of others and identifies the source of applicant’s goods.
`
`Applicant's Argument(s): 
`
`Applicant acknowledges that "it may be argued that some of [applicant's] products can or are designed
`specifically for the vagina or vulva." October 21, 2022 response, p. 8. 
`
`Nevertheless, applicant claims that the proposed mark is not informational because "[t]he relevant
`consumer is...not a consumer...looking to purchase a vaginal oil, but is a consumer looking to purchase
`skincare." October 21, 2022, response, p. 7. There is no evidence in the record to support this claim.
`Moreover, even if the claim were shown to be true, the fact that consumers consider the relevant goods
`to be part of a broader type of skincare products does not diminish the descriptive significance of the
`mark in relation to the applicant's goods. Trademark Act Sections 1, 2 and 45. 
`
`Applicant acknowledges that the wording '"POUSSEY" may be merely informational where it refers to
`one sole and exclusive good." October 21, 2022, response, p. 9. However, applicant claims that the
`mark is not informational because the wording in the mark "refers to a wide variety of skincare
`products." Id. This claim misstates the legal test governing marks that fail to function as indications of
`source, the application of which is not determined based on whether the mark is informational for all
`the goods and/or services for which registration is sought. Under this test, it is only necessary for the
`mark to be informational in relation to one or more goods or services to support a refusal to register. 
`
`Applicant acknowledges that there is "no immediate association" between its mark and any particular
`goods, but supposes that consumers who encounter the mark in the marketplace would associate it with
`sex toys or several other types of goods. However, there is no evidence to suggest that consumers of
`skin care preparations and related goods who encounter the mark would think of this different category
`and class of goods. 
`
`Applicant has submitted several images of use of the with other wording and has claimed that this use
`establishes that the mark is not informational. However, these images do not show the mark as it
`appears in the mark drawing, as discussed further below. Therefore, these images are of little, if any,
`probative value on the issue of this refusal.
`
`Thus, applicant’s arguments have been considered but are inconsistent with the relevant trademark law
`
`

`

`and evidence of record and are unpersuasive.
`
`An applicant may not overcome this refusal by amending the application to seek registration on
`the Supplemental Register or asserting a claim of acquired distinctiveness under Section 2(f). 
`TMEP §1202.04(d); see In re Eagle Crest, Inc., 96 USPQ2d at 1229.  Nor will submitting a substitute
`specimen overcome this refusal.  See TMEP §1202.04(d). 
`
`REGISTRATION REFUSED PURSUANT TO TRADEMARK ACT SECTIONS 1 AND 45
`
`Mark shown on drawing does not match mark on specimen.  Registration is further refused because
`the specimen does not show the mark in the drawing in use in commerce in International Class 3, which
`is required in the application or amendment to allege use.  Trademark Act Sections 1 and 45, 15 U.S.C.
`§§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a), 1301.04(g)(i).  The mark
`appearing on the specimen and in the drawing must match; that is, the mark in the drawing “must be a
`substantially exact representation of the mark” on the specimen.  See 37 C.F.R. §2.51(a)-(b); TMEP
`§807.12(a).
`
`In this case, the specimen displays the mark as "POUSSEY PLEASURE," "PHRESH POUSSEY" and
`"REFRESH THAT POUSSEY."  However, the drawing displays the mark as POUSSEY.  The mark on
`the specimen does not match the mark in the drawing because it contains the additional wording
`“pleasure,” “phresh” and/or “represh that.” Applicant has thus failed to provide the required evidence
`of use of the mark in commerce.  See TMEP §807.12(a).
`
`Applicant has responded to this issue by submitting several substitute specimens that appear to be
`duplicates of the original specimens. Specifically, each consists of an image of a labelled container.
`Like the original specimens, the images show the wording "POUSSEY PLEASURE," "PHRESH
`POUSSEY" and "REFRESH THAT POUSSEY," rather than the mark as it appears in the mark
`drawing, i.e., the word "POUSSEY" alone. Therefore, the mark on the substitute specimens does not
`match the mark in the drawing because it contains the additional wording “pleasure,” “phresh” and/or
`“represh that.” Applicant has thus failed to provide the required evidence of use of the mark in
`commerce.
`
`Response options.  Applicant may respond to this refusal by satisfying one of the following:
`
`Submit a different specimen (a verified “substitute” specimen) for each applicable
`(1)      
`international class that (a) shows the mark in the drawing in actual use in commerce for the goods
`and/or services in the application or amendment to allege use, and (b) was in actual use in commerce at
`least as early as the filing date of the application or prior to the filing of an amendment to allege use.
`
`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). 
`
`Specimens for services must show a direct association between the mark and the services and include:
`(1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or
`(3) materials showing the mark in the sale, rendering, or advertising of the services.  See 37 C.F.R.
`
`

`

`§2.56(b)(1), (c); TMEP §1301.04(a), (h)(iv)(C). 
`
`Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the
`date it was accessed or printed on the specimen itself, within the TEAS form that submits the specimen,
`or in a verified statement under 37 C.F.R. §2.20 or 28 U.S.C. §1746 in a later-filed response.  See 37
`C.F.R. §2.56(c); TMEP §§904.03(i), 1301.04(a).
`
`Submit a request to amend the filing basis to intent to use under Section 1(b) (which includes
`(2)      
`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 such as
`providing a specimen.
`
`The USPTO will not accept an amended drawing submitted in response to this refusal because the
`changes would materially alter the drawing of the mark in the original application or as previously
`acceptably amended.  See 37 C.F.R. §2.72(a)-(b); TMEP §807.14.  Specifically, the addition of the
`other wording noted above to the mark on the drawing to agree with the mark on the specimen would
`change the sound, appearance, meaning and overall commercial impression of the mark and result in an
`impermissible material alteration.
`
`For more information about drawings and instructions on how to satisfy these response options using
`the online Trademark Electronic Application System (TEAS) form, see the Drawing webpage.
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by
`submitting evidence and arguments in support of registration.  However, if applicant responds to the
`refusal(s), applicant must also respond to the refusal(s) and/or requirement(s) set forth below.
`
`REQUIREMENT FOR ADDITIONAL INFORMATION
`
`Applicant did not respond fully and directly to the questions posed in the non-final and final Office
`actions. Therefore, the applicant must respond to the following questions for the application record:
`1.
`What is the meaning and significance of the wording “poussey” in relation to applicant’s goods?
`Do applicant’s goods serve some purpose in relation to the vagina or vulva?
`2.
`a.
`If so, please explain and cite examples of goods that serve this purpose.
`
`
`This information is necessary to evaluate accurately and fully the registrability of the applicant’s
`proposed designation. 37 C.F.R. Section 2.61(b); TMEP §814.  If the applicant does not provide the
`information required herein, registration may be refused.  The Trademark Rules of Practice have the
`effect of law and failure to comply with a request for information is grounds for refusal of registration. 
`See, e.g., In re Joseph Edward Page, 1999 TTAB LEXIS 229 (TTAB 1999); In re Babies Beat, Inc., 13
`USPQ2d 1729 (TTAB 1990); In re Big Daddy's Lounges, Inc., 200 USPQ 371 (TTAB 1978); In re Air
`Products and Chemicals, Inc., 192 USPQ2d 84, 85-86 (TTAB 1976); and In re Morrison Industries,
`Inc., 178 USPQ 432, 433-34 (TTAB 1973).   
`
`By presenting to the Office any paper, including a response, the practitioner is certifying that all
`statements made therein of the party’s own knowledge are true and are, to the best of the party's
`knowledge, information and belief, formed after an inquiry reasonable under the circumstances, made
`with the knowledge that any practitioner who knowingly and willfully falsifies, conceals, or covers up
`by any trick, scheme, or material fact, or knowingly and willfully makes any false, fictitious, or
`fraudulent statements or representations, or knowingly and willfully makes or uses any false writing or
`
`

`

`document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be
`subject to the penalties set forth under 18 U.S.C. §1001 and any other applicable criminal statute, and
`violations of the provisions of this section may jeopardize the probative value of the paper.  See 37
`CFR §11.18(b)(2).
`
`
`If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will
`be notified to resume the appeal.   See TMEP §715.04(a).  
`
`If applicant has not filed an appeal and time remains in the response period for the final Office
`action, applicant has the remainder of that time to (1) file another request for reconsideration that
`complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a
`notice of appeal to the Board.  TMEP §715.03(a)(ii)(B).
`
`
`/Edward Fennessy/
`Edward Fennessy
`Trademark Examining Attorney
`Law Office 114
`(571) 272-8804
`Edward.Fennessy@USPTO.GOV
`
`
`
`

`

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`Definition of 'hand cream'
`hand cream
`in British English
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`@
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`NOUN
`a cream that van nit an uatr hands ta make tham feel caftar and cmnanther
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`| Collins English Dictionary. Capyright©HarperCollinsPublishers
` Payyxlia)
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`Drag the correct answerinto the
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`Examples of ‘hand cream' in a sentence
`
`hand cream
`
`A hand cream that doubles up as face moisturiser, shaving cream andhair gel.
`THE SUN (2014)
`
`Investin a couple ofhandylip salves to keep in your bag and at home, and regularlymoisturise your mitts with
`a good hand cream.
`THE SUN (2014)
`
`AMARee
`
`This effective cleansing cream also makes a superb hand cream.
`Guyton, ANITA THE NATURAL BEAUTY...
`
`To keep them soft and supple invest in a good hand cream.
`THE SUN(2010)
`
`
`Adventure on
`the edge.
`
`fee
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`Example sentencesfrom the Collins Corpus
`& These examples have been automatically selected and may contain sensitive content thatdoes notreflect the opinions orpolicies of
`Collins, or itsparent company HarperCollins.
`We welcome feedback: reportan example sentence ta the Collins team. Read moi
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`parcel/ package / packet
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