To:
`Subject:
`Sent:
`Sent As:
`
`JOSH EICHENSTEIN(joshua@eichiplaw.com)
`U.S. Trademark Application Serial No. 97240580 - RAVERS NATURALS
`August 28, 2023 05:07:06 PM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`1RaverCollins.jpg
`2RaverOxford.jpg
`3Ravesense.jpg
`4RaveNation.jpg
`5RavePack.jpg
`6DopeVitamins (1).jpg
`6DopeVitamins (2).jpg
`6DopeVitamins (3).jpg
`7HappyTuesdays (1).jpg
`7HappyTuesdays (2).jpg
`8Freedom.jpg
`9RaveSleep (1).jpg
`9RaveSleep (2).jpg
`10DailyRaves.jpg
`11RaveCave (1).jpg
`11RaveCave (2).jpg
`12CollinsNatural.jpg
`13OxfordNatural.jpg
`14BoomBoom (1).jpg
`14BoomBoom (2).jpg
`15Creekside.jpg
`16RaveAid.jpg
`17Stevita (1).jpg
`17Stevita (2).jpg
`19Simply.jpg
`20AllNat.jpg
`21NaturalClothing.jpg
`3PReg
`5292405
`5263466
`5724655
`5263464
`5230484
`6798070
`6316177
`6392256
`6017083
`6578793
`
`

`

`6221412
`6247263
`6747585
`6616707
`6051811
`6547093
`6758750
`7082380
`6836509
`6663273
`6714797
`3PIntendedUser
`22Bivins.jpg
`23MixMag.jpg
`24RateMyRave (1).jpg
`24RateMyRave (2).jpg
`25Medium.jpg
`26Bionity.jpg
`27NDIC.jpg
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.  97240580
`
`Mark:   RAVERS NATURALS
`
`Correspondence Address:  
`JOSH EICHENSTEIN
`EICHENSTEIN LAW FIRM PC
`2029 CENTURY PARK EAST, SUITE 400
`LOS ANGELES CA 90067
`UNITED STATES
`
`Applicant:   Ravers Naturals LLC
`
`Reference/Docket No.  N/A
`
`Correspondence Email Address:   joshua@eichiplaw.com
`
`
`
`
`
`
`REQUEST FOR RECONSIDERATION AFTER FINAL ACTION DENIED
`
`Issue date:   August 28, 2023
`
`This Office action is in response to applicant’s communication filed on July 25, 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 refusal made final in the Office action dated April 28, 2023 is  maintained
`and continued: 
`
`
`•
`
`Section 2(e)(1) – Merely Descriptive Refusal
`
`
`See TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`In addition, the following requirement made final in that Office action is  satisfied:  
`
`
`•
`
`Clarification of Domicile Address Required
`
`
`See TMEP §§715.03(a)(ii)(B), 715.04(a).
`
`Section 2(e)(1) – Merely Descriptive Refusal
`
`
`Registration is refused because the applied-for mark merely describes a feature, characteristic,
`and/or intended audience of applicant’s goods and services.  Trademark Act Section 2(e)(1), 15 U.S.C.
`§1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
`
`Applied has applied to register the mark RAVERS NATURALS for use in connection with  "Inhalers
`sold filled with essential oils for use in aromatherapy" in International Class 003, "Nutritional
`supplements" in International Class 005, "Hooded sweat shirts; Tee shirts; Wearable garments and
`clothing, namely, shirts" in International Class 025, "Chewing gum" in International Class 030
`and  "On-line wholesale and retail store services featuring inhaler aromatherapy products, chewing gum,
`and nutritional supplements" in International Class 035.
`
`First, the previously attached and attached dictionary evidence from Collins Dictionary and Oxford
`Learners Dictionary defines a “RAVER” as “a young person who has a busy social life and goes to a
`lot of parties, raves, or nightclubs” or "a person who goes to raves", respectively. Further, the attached
`Internet evidence from various sources shows that the wording “RAVER” is commonly used in
`connection with similar goods and services to that of applicant’s to describe the intended user of goods
`and services. See specifically, attached from Ravesense via Instagram ("FESTIVAL NASAL
`INHALERS curated from 100% natural essential oils. For ravers, by ravers, for the best night of your
`life"), Rave Nation ("Similar to Vicks inhalers these inhalers are strong, flavorful, and made in the
`USA. Ravers will love the strength and flavor of these menthol inhalers."),  Rave Package via Instagram
`("A supplements stack that protects ravers from free radical damage and helps ravers recover their
`physical and mental state quickly"), Dope Vitamins ("THE MOST ADVANCED PREVENTION FOR
`RAVERS...Rave Renew
`is created for ravers who want
`to enjoy festivals without
`the
`consequences."),  Happy Tuesdays ("Thousands of ravers in 50+ countries take Happy Tuesdays before
`bed to support their body's natural recovery while they sleep."),  Freedom Rave Wear ("Exclusive
`Designs Made By Ravers For Ravers[...]Freedom Rave Wear merges quality, sustainability, and style,
`using recycled materials to create innovative rave fashion."), Rave-or-Sleep ("For a more dramatic
`raver or clubber look, you can go for costumes with crazy features like holographic fabrics, bold fits,
`
`

`

`and neon colors.),  Daily Ravers ("FASHION FOR RAVERS") and  The Rave Cave  ("VitaPLUR is a
`company based in USA engineering innovative supplements for ravers which promote health and
`wellbeing DURING events. They are best known for their harm prevention E-boost chewing gum
`which can help prevent clenching/grinding/gurning by delivering magnesium directly to your jaw
`muscles.").
`
`Second, the previously attached and attached dictionary evidence from Collins Dictionary and Oxford
`Learners Dictionary  defines “NATURALS” as “exist or occur in nature and are not made or caused by
`people” or "having little or no processing", respectively. Further, the attached Internet evidence from
`various sources shows that the wording “NATURALS” is commonly used in connection with similar
`goods and services to that of applicant’s to describe goods and services featuring unprocessed products.
`See specifically, attached from  Ravesense via Instagram ("FESTIVAL NASAL INHALERS curated
`from 100% natural essential oils. For ravers, by ravers, for the best night of your life"),  BoomBoom
`(offering "100% NATURAL" nasal ticks), Creekside Naturals ("Creekside Naturals Sniffle Sticks are
`all-natural aromatherapy nasal inhalers that soothe and moisturize irritated nasal cavities, providing
`relief from cold and allergy symptoms."), RaveAid ("RaveAid is a natural dietary supplement that can
`help make your experience safer by boosting and replenishing your body with important nutrients."),
`Happy Tuesdays ("Thousands of ravers in 50+ countries take Happy Tuesdays before bed to support
`their body's natural recovery while they sleep."), Stevita Naturals (offering naturally flavored chewing
`gum), Simply ("Refreshing and subtly sweet, our natural Spearmint chewing gum is simply delicious."),
`All Naturals ("ALL NATURALS offers a stylish and timeless selection of everyday casual and formal
`clothing made from natural materials.") and Natural Clothing Company ("The clothing made of natural
`fibers have an imperfect texture, which gives the colors unique shading.").
`
`Further,  third-party registrations featuring goods and services the same as or similar to applicant’s
`goods and 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).
`
`Accordingly,  the trademark examining attorney has attached evidence from the USPTO’s X-Search
`database consisting of a number of third-party marks registered for use in connection with the same or
`similar goods and services as those of applicant showing the wording "NATURALS" disclaimed or
`registered on the Supplemental Register. 
`
`In the Response, applicant argues the mark is suggestive. However, a mark is suggestive if some
`imagination, thought, or perception is needed to understand the nature of the goods and services
`described in the mark; whereas a descriptive term immediately and directly conveys some information
`about the goods and services. See Stoncor Grp., Inc. v. Specialty Coatings, Inc., 759 F.3d 1327, 1332,
`111 USPQ2d 1649, 1652 (Fed. Cir. 2014) (citing DuoProSS Meditech Corp. v. Inviro Med. Devices,
`Ltd., 695 F.3d 1247, 1251-52, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012)); TMEP §1209.01(a). In the
`present case, the wording "RAVERS" and "NATURALS" immediately conveys that applicant’s goods
`and services are intended to be used by ravers and feature natural products or ingredients. See above
`and previously attached evidence. As such, the wording does not require any further imagination to
`understand the nature of the goods and services, and therefore, the mark is not suggestive.
`
`Additionally, determining the descriptiveness of a mark is done in relation to an applicant’s goods and
`
`

`

`services, the context in which the mark is being used, and the possible significance the mark would
`have to the average purchaser because of the manner of its use or intended use. See In re The Chamber
`of Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012) (citing In re
`Bayer Aktiengesellschaft, 488 F.3d 960, 963-64, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007)); TMEP
`§1209.01(b). Descriptiveness of a mark is not considered in the abstract. In re Bayer Aktiengesellschaft,
`488 F.3d at 963-64, 82 USPQ2d at 1831. 
`
`Accordingly, the attached Internet evidence from various sources demonstrates that the average
`purchaser of applicant's goods and services would understand the wording "RAVERS" and
`"NATURALS" to be descriptive because the average purchasers of applicant's goods and services are
`in fact "RAVERS" who are familiar with and marketed with similar products and services. See
`specifically, attached from Bivins Brothers (applicant's website designer explaining the design of
`applicant's website is intended to attract ravers, stating "Ravers Naturals needed to take their amazing
`product and dream up a website that spoke directly to their audience: people passionate about raves and
`EDM."),  Mixmag ("Brands tend to struggle when marketing to ravers. Step forward BoomBoom in
`another attempt; this all-natural nose inhaler "invigorates and energizes with a blast of intense
`refreshment”."),  Rate My Rave ("Inside The Rave: What are your rave essentials?...Chewing gum...Vix
`Nasal Spray...Electrolyte tablets/sachets..."),  Medium ("Ravers are no strangers to sniffing Vicks
`Vaporub or rubbing it all over their noses. Menthol inhalers are the modern version of that often eye
`watering practice."),  Bionity ("The inhaler is also commonly used at raves where the active ingredients
`are blown into the face entering the mouth, nose and eyes of a "raver" who has taken MDMA. This is
`due to the euphoric feeling supposedly attained by the receiver on MDMA, as the menthol feels
`pleasant along with the effects of heightened sensual perception caused by the MDMA.") and The
`National Drug Intelligence Center ("Teenagers overtook the traditional young adult ravers and a new
`rave culture emerged; events became highly promoted, heavily commercialized, and
`less
`secretive...Moreover, many club owners and promoters appear to promote the use of drugs--especially
`MDMA. They provide...menthol nasal inhalers...to enhance the effects of MDMA").  
`
`Finally,  “[a] mark may be merely descriptive even if it does not describe the ‘full scope and extent’ of
`the applicant’s goods or services.” In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d
`1370, 1371 (Fed. Cir. 2004) (citing In re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 1346, 57
`USPQ2d 1807, 1812 (Fed. Cir. 2001)); TMEP §1209.01(b). It is enough if a mark describes only one
`significant function, attribute, or property. In re The Chamber of Commerce of the U.S., 675 F.3d 1297,
`1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); TMEP §1209.01(b); see In re Oppedahl & Larson
`LLP, 373 F.3d at 1173, 71 USPQ2d at 1371.
`
`Therefore, the mark is merely descriptive, and the refusal pursuant to Section 2(e)(1) of the Trademark
`Act is maintained and continued.
`
`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).
`
`

`

`
`
`/Gabby Thoma/
`Gabby Thoma
`Trademark Examining Attorney
`Law Office 127
`(571) 270-3784
`Gabrielle.Thoma@uspto.gov
`
`
`
`

`

`«@ Raverdefinition and meaning|C
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`X ©—@ collinsdictionary.com/dictionary/english/raver er*xy Oe Os
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`LANGUAGE
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`English Dictionary
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`Sentences
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`Definition of 'raver'
`
`raver
`Collins COBUILD
`
`COUNTABLE NOUN
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`& Wordle Helper
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`(rever 4) @) Wordforms:plural ravers )
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`Quick Word Challenge
`Question: 1
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`pedal or peddle?
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`Drag the correct answerinto the
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`ere
`Araver is a young person whohas a busysociallife and goesto a lot of parties, raves, or nightclubs.
`(British, informal]
`Q)
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`Collins COBUILD Advanced Learner's Dictionary. Copyright © HarperCollins Publishers
`He attempted to
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`e You mayalso like «
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`® ‘aver noun- Definition, pictures,
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`Definition of raver noun fromthe Oxford Advanced Learner's Dictionary
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`FaVeF noun
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`1 & (often humorous) a person wholikes going out and who hasanexciting sociallife
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`Nearby words
`jjective
`ravenous adjecti
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`raver noun
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`faveup noun
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`28 August 2023
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`however
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`From the word list
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`RAVESENSE, (@ravesenseofficial
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`FESTIVAL NASAL INHALERScurated from 100% natural essentialoils. For ravers, by ravers, for the
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`feltTaatl]
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`Moonflower Goddess Bodysuit
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`@ Women’s Rave Outfits & Festiva xX
`co @ rave-or-sleep.com/collections/womens-rave-clothing-outfits
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`Home+»Women’s Rave Outfits & Festival Clothing
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`@® Women’sRave Outfits & Festiva x
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`Leading Online Destination for Women's Rave Outfits
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`Rave festivals areall about sexy and comfy outfits. The intention behind every outfit is to express the uniquestyle and personality of the wearer. Whether
`you want to wear an underboobcut croptop, booty skirts, or booty shorts, rave events are safe places to flaunt themfreely. For a more dramatic raver or
`clubber look, you can go for costumes with erazy features like holographic fabrics, bold fits, and neoncolors. But, where can youfind the best rave outfits
`for women?Forsure, you would want to get a stand-out attire to rock the party with confidence and havefunall night.
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`Read more.
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`Frequently Asked Questions
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`Whatare the hottest rave outfits to wear?
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`What are some popular rave outfits?
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`a
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`BB Daily Ravers - Fashion Rave App> X&
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`[@ Natural definition and meaning)
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`c CG ©—@ collinsdictionary.com/dictionary/english/natural cevxy O88 O08
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`(> <x Peleeareleleea
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`Natural things exist or occur in nature and are not made or caused by people.
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`® naturaladjective - Definition,;x +
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`(especially of food) havinglittle or no processing
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`£2 Sniffle Sticks + AromatherapyNa xX
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`@ RaveAid FAQ| FAQ About Ravel X
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`RAY ENID’
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`PRODUCTS IN STORES?
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`IS RAVEAID SAFE?
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`Absolutely! RaveAid is a natural dietarysupplement that can help
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