UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 75/702901
APPLICANT: NINE ONE ONE, INCORPORATED
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CORRESPONDENT ADDRESS: JENNIFER L. BALES MOUNTAIN VIEW PLAZA 1520 EUCLID CIRCLE LAFAYETTE, CO 80026-1250
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom113@uspto.gov
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MARK: QUICKLINK
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CORRESPONDENT’S REFERENCE/DOCKET NO: N01.303
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 75/702901
Please note that all issues not discussed in this office action have been resolved.[1]
Registration potentially was refused under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because the mark for which registration is sought so resembles the marks shown in application Serial Nos. 75-382585 as to be likely, when used with the identified goods, to cause confusion, or to cause mistake, or to deceive. The examining attorney notes that the prior pending application has abandoned. Accordingly, the potential refusal under Section 2(d) of the Trademark Act is hereby WITHDRAWN.
However, in the office action dated December 27, 1999[2], registration was refused under Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), because the subject matter for which registration is sought is merely descriptive of the identified goods. The examining attorney has considered the applicant’s arguments carefully but has found them unpersuasive. Accordingly, for the reasons below, the refusal under Section 2(e)(1) of the Trademark Act is maintained and made FINAL.
Argument for Refusal of Registration Under § 2(e)(1)
A mark is merely descriptive under Trademark Act Section 2(e)(1), 15 U.S.C. 1052(e)(1), if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed & Breakfast Registry, 791 F.2d 157, 229 USPQ 818 (Fed. Cir. 1986); In re MetPath Inc., 223 USPQ 88 (TTAB 1984); In re Bright‑Crest, Ltd., 204 USPQ 591 (TTAB 1979); TMEP § 1209.01(b).
Furthermore, the examining attorney must consider whether a mark is merely descriptive in relation to the identified goods, not in the abstract. In re Omaha National Corp., 819 F.2d 1117, 2 USPQ2d 1859 (Fed. Cir. 1987); In re Abcor Development Corp., 588 F.2d 811, 200 USPQ 215 (C.C.P.A. 1978); In re Venture Lending Associates, 226 USPQ 285 (TTAB 1985); In re American Greetings Corp., 226 USPQ 365 (TTAB 1985). TMEP §1209.01(b). The fact that a term may have different meanings in another context is not controlling on the question of descriptiveness. In re Bright‑Crest, Ltd., 204 USPQ 591 (TTAB 1979). TMEP §1209.03(e).
Here, the applicant is seeking to register the wording QUICKLINK for “computer hardware and software for accessing a 911 emergency response system.”
The term QUICK means “Moving or functioning rapidly and energetically; speedy.”[3] Thus, the word QUICK is merely descriptive of a function and feature of the applicant’s goods in that the software and hardware provide a quick or speedy link to 911 emergency response systems. In its response dated June 21, 2000, the applicant concedes that the term QUICK is descriptive of its goods. The word LINK means “a line or channel for transmitting data.”[4] Thus, the word LINK is merely descriptive of a function and use of the applicant’s hardware and software in that it provides a link to or from, or a line or channel for transmitting data to or from, a 911 emergency response system. The applicant should note the attached sampling of articles printed from Nexis indicating that it is common for computer hardware and software to be used to provide a quick, speedy or rapid link or connection to resources on some sort of computer or telecommunications system. Accordingly, because the proposed mark QUICKLINK, in its entirety, is descriptive of functions, uses and characteristics of the applicant’s goods, the refusal under Section 2(e)(1) of the Trademark Act is maintained and made FINAL.
Filing Fee Advisory - Fee Increase Effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. §2.64(a). If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
/Stacy B. Wahlberg/
Trademark Attorney
Law Office 113
(703) 308-9113 ext. 206
LO Fax: (703) 746-8113
LO Email: ecom113@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
quick
quick (kwîk) adjective
quick·er, quick·est
1. Moving or functioning rapidly and energetically; speedy.
2. Learning, thinking, or understanding with speed and dexterity; bright: a quick mind. See synonyms at nimble.
3. a. Perceiving or responding with speed and sensitivity; keen. b. Reacting immediately and sharply: a quick temper.
4. a. Occurring or achieved in a relatively brief period of time: a quick rise through the ranks. b. Done or occurring immediately: a quick inspection. See synonyms at fast1.
5. Tending to react hastily: quick to find fault.
6. Archaic. a. Alive. b. Pregnant.
noun
1. Sensitive or raw exposed flesh, as under the fingernails.
2. The most personal and sensitive aspect of the emotions.
3. The living: the quick and the dead.
4. The vital core; the essence: got to the quick of the matter.
adverb
Quickly; promptly.
[Middle English, alive, lively, quick, from Old English cwicu,
alive.]
— quick¹ly adverb
— quick¹ness noun
MAIL-IT REQUESTED: APRIL 2, 2003 10083K
CLIENT: HDFGHDFH
LIBRARY: NEWS
FILE: ALLNWS
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
QUICK PRE/1 LINK
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 2089
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
4,9-11,13-14,24,34,42,44,59
DISPLAY FORMAT: 30 VAR KWIC
SEND TO: WAHLBERG, STACY
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAILBOX 314
ARLINGTON VIRGINIA 22202-4600
**********************************05023**********************************
Copyright 2003 The Detroit News
All Rights Reserved
The Detroit News
March 25, 2003 Tuesday No dot Edition
SECTION: FEATURES; Pg. 6C
LENGTH: 1210 words
HEADLINE: Diary of an Internet user;
Blogs are huge hit that allow Web surfers to peek at others' lives
BYLINE: Adam Graham
BODY:
... difficult to do anything with a lot of this stuff in the newspaper because newspapers are big, old, clunky and slow. You can click all day on a newspaper and nothing happens."
Barry updates his blog a few times a day, mostly with quick links charting random absurdities on the Net (he's recently been tracking the amazing story of "the giant Cheeto"). "It's easy. It takes maybe 3 minutes to write a blog item and stick it on there, and forever people can click on ...
Copyright 2003 Bangor Daily News
Bangor Daily News (Maine)
March 19, 2003 Wednesday All Editions
SECTION: A; Pg. 1
LENGTH: 1070 words
HEADLINE: Federal agencies boost security across Maine
BYLINE: LIZ CHAPMAN AND WAYNE BROWN, OF THE NEWS STAFF
DATELINE: SOUTHWEST HARBOR
BODY:
... trucks are being stepped up, and there is increased scrutiny of personal identification and cargo manifests.
There could be some delays. Travelers can check for time delays by going to the Customs Web site at www.customs.gov and clicking on the appropriate quick link. The site is updated twice a day, Rapaport said.
At Houlton on Tuesday, a large scanner used to examine the interior of trucks was in operation. The unit, which has been in Houlton for about two months, eliminates the need for ...
Copyright 2003 Nationwide News Pty Limited
Central Coast Express (Wed)
March 19, 2003 Wednesday
LENGTH: 208 words
HEADLINE: Settle back and relax with Oscar
BODY:
... Retro section and compare the glamour of the past with more recent appearances from the likes of Gwyneth Paltrow and Sandra Bullock.
http://au.movies.yahoo.com/
The local Yahoo! movies page features reviews and cinema show times. It also provides a quick link to the number one movie site on the Web, Yahoo! Movies in the US, where there will be comprehensive coverage of the 2003 Academy Awards, with news, photos, audio and visual.
* Brought to you by Yahoo! Visit www.yahoo.com.au
Copyright 2003 Paddock Publications, Inc.
Chicago Daily Herald
March 14, 2003, Friday F3
SECTION: NEIGHBOR;
St. Charles;
Pg. 1
LENGTH: 455 words
HEADLINE: Web site offers one stop to learn about St. Charles
BYLINE: Patrick Waldron
BODY:
... a community profile, a map and directions to the city, information on parking and some historical perspective.
For residents, the site's bulletin board is a central place online for yard sale advertisements, event notices and other classifieds.
Quick links to city services - like schedules for brush pick-up or hydrant flushing - also can be found on the same community page.
Seniors only: St. Charles' next senior living community made its debut this week.
Mayor Sue Klinkhamer and ...
Copyright 2003 Statesman Journal (Salem, OR)
All Rights Reserved
Statesman Journal (Salem, OR)
March 14, 2003 Friday
SECTION: REAL LIVING; Pg. 19H
LENGTH: 297 words
HEADLINE: Web site has past, present Living info
BODY:
... Store Find. You also can ask or answer a reader question. Simple forms make sure you include all the needed information.
You even can submit your photos online. Or you can mail them or drop them off later.
The site also includes a quick link to the Oregon State University Extension Service, which offers even more yard and garden advice.
Contest information is online, too, so you can cast your vote for the ugliest room around, with the winner receiving a redecoration prize package. If you're ...
Copyright 2003 Centaur Communications Ltd.
New Media Age
March 13, 2003
SECTION: Pg. 19
LENGTH: 628 words
HEADLINE: Is blogging about to move into the mainstream?
BODY:
... entrepreneurs started launching blogs as business propositions. Nick Denton, the former British journalist and founder of Moreover.com, aired his theory of '80% publishing' and 'thin media'.
Then, in July last year, Denton launched Gizmodo.net, reviewing and providing quick links to hi-tech gadgets. The result? An online media property that has been read by over 260,000 people, of whom over 8,500 visit each day. Not bad for something that takes its editor a couple of hours a day to update. And the ...
Copyright 2003 P.G. Publishing Co.
Pittsburgh Post-Gazette (Pennsylvania)
March 3, 2003 Monday SOONER EDITION
SECTION: BUSINESS,
Pg.B-1
LENGTH: 846 words
HEADLINE: THE RATINGS GAME;
TAX PRO,ORDINARY JOE CRITIQUE POPULAR TAX SOFTWARE PROGRAMS
BYLINE: LORETTA KALB, SACRAMENTO BEE
BODY:
... TaxCut
The other major retail player, TaxCut, garnered 27.3 percent of the market share in the NPD Group tally.
TaxCut wins recognition as the top-rated software by the Wall Street Journal, PC Magazine and Barron's.
TaxCut Platinum had quick link to IRS forms, and Anderson found navigation superior to that of Tur boTax. Screens, he said, were less cluttered.
And he was delighted to learn that he could import his Intuit money management software, Quicken, into TaxCut and also import data from his prior year's TurboTax software.
(Not to be outdone, Intuit ...
Copyright 2003 Denver Publishing Company
Rocky Mountain News (Denver, CO)
February 17, 2003 Monday Final Edition
SECTION: LIFESTYLES/SPOTLIGHT; Pg. 13D
LENGTH: 637 words
HEADLINE: TAX BOX CAN CHECK PET MATING
BYLINE: Rebecca Jones, ROCKY MOUNTAIN NEWS
BODY:
... cat and her offspring can produce up to 420,000 kittens in seven years.
One group that won a grant is Fort Collins-based Colorado Canine Connection, which tries to provide online visitors to its Web site, www.coloradocanineconnection .com, quick links to shelters and rescue organizations across the state. Founder Mickey McNeil hoped to make it easy for potential dog adopters to see what sorts of animals were available statewide, and create a transport system for getting them to new homes, maybe ...
Copyright 2003 WorldSources, Inc.,
A Joint Venture of eMediaMillWorks, Inc.
(f/k/a Federal Document Clearing House, Inc.); and World Times, Inc.
Copyright 2003 Nation all rights reserved as distributed by WorldSources, Inc.
Emerging Markets Datafile
Nation
February 3, 2003 Monday
EMEDIA-ACC-NO: 200302035935.m35
LENGTH: 455 words
HEADLINE: Cell-phone operators ring in Valentine's Day, NATION
BODY:
... for Valentines.
One of them is "Say Love via SMS to Your Lover", which invites its users to send love messages via the 9991 number. The best messages will be published in the Thai Rath newspaper on February 14.
AIS has also created quick links to the homepages of its content partners, where all handset users can download graphics and ring tones with a Valentine's Day theme.
SIRIVISH TOOMGUM
Copyright 2003 The Arizona Republic
All Rights Reserved
The Arizona Republic
February 1, 2003 Saturday Final Edition
SECTION: CHANDLER/SUN LAKES & OCOTILLO COMMUNITY; ON THE CHEAP; Pg. 1
LENGTH: 443 words
HEADLINE: WEB HELPS IN FINDING HOME INFO
BYLINE: By Edythe Jensen, The Arizona Republic
BODY:
One of the most informative sites for buyers of existing homes is the Maricopa County Assessor's Office at www.mar
icopa.gov. The site allows residents to search appraisals by street, address or owner. It provides a quick link to the Maricopa County Recorder's Office, which has details of purchases since 1991.
Click on "characteristics" of property and find out the square footage of the house and lot, when it was built and some construction details. Select "View Tax Statement," and you will see property ...
Copyright 2003 Rockford Register Star (Rockford, IL)
All Rights Reserved
Rockford Register Star (Rockford, IL)
January 17, 2003 Friday
SECTION: LOCAL STATE; Pg. 8A
LENGTH: 751 words
HEADLINE: Foundations team to manage land gift
BYLINE: Brian Peters;RRS Staff, Staff
BODY:
... Library users still will log in to the same address, but will now find a quick catalog search for the book, book-on-tape, video, CD or DVD that they wish to reserve. Other improvements include a quick link to accounts that will tell users what books they have checked out and what materials they have reserved.
From the same link, customers can renew checked-out materials or place holds on books that they would like to read.
For information, visit the Web site at www. ...
MAIL-IT REQUESTED: APRIL 2, 2003 10083K
CLIENT: HDFGHDFH
LIBRARY: NEWS
FILE: ALLNWS
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
(QUICK PRE/1 LINK) W/5 (HARDWARE OR SOFTWARE)
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 179
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
6,39,46,48
DISPLAY FORMAT: 30 VAR KWIC
SEND TO: WAHLBERG, STACY
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAILBOX 314
ARLINGTON VIRGINIA 22202-4600
**********************************05057**********************************
Copyright 2001 Investor's Business Daily, Inc.
Investor's Business Daily
September 21, 2001
SECTION: A; Pg. 4
LENGTH: 1000 words
HEADLINE: MICROSOFT WINDOWS Windows XP Launches Monday PC makers will begin to load the operating system on new units
BYLINE: By Patrick Seitz, Investor's Business Daily
BODY:
... predecessors. Microsoft recommends 128 megabytes or more of memory. For home users, Windows XP offers better software for managing digital photos, music and video. It also makes connecting and using devices such as digital cameras much easier. And the software provides quick links to online services like photo printing and sharing. Windows XP has a simpler start page and fresh user interface. The security features let different computer users in a household log on to their own versions of the desktop and lock ...
Copyright 2000 Gale Group, Inc.
ASAP
Copyright 2000 Ziff-Davis Publishing Company
Computer Shopper
July 1, 2000
SECTION: Pg. 197 ; ISSN: 0886-0556
IAC-ACC-NO: 62553585
LENGTH: 11925 words
HEADLINE: Web Buyer - Site Reviews for Online Shopping; Directory
BYLINE: Savetz, Kevin; Crane, Abigail
BODY:
... smooth navigation
Windows users who want great software without having to spend any money can start at Freeware Files. This Web site offers links to gratis business applications, screen savers, games, and many other types of software. It features quick links to the most popular giveaways.
gamedealer.com
Extended listing this month. See p. 210.
jumbo.com
Pros: smooth navigation
Jumbo is the perfect name for this monstrous file archive. In addition to programs for sale, you'll find ...
Copyright 1999 Times Mirror Company
Los Angeles Times
December 17, 1999, Friday, Home Edition
SECTION: Business; Part C; Page 1; Financial Desk
LENGTH: 688 words
HEADLINE: 2 MORE RETAILERS IN NET ACCESS DEALS;
WEB: WAL-MART, AOL WILL CREATE ALLIANCE, AS WILL BEST BUY AND MICROSOFT IN TREND TO EXPAND REACH ONLINE AND OFFLINE.
BYLINE: ABIGAIL GOLDMAN, TIMES STAFF WRITER
BODY:
... only six of every 10 towns where it operates stores have local Internet access.
Wal-Mart stores will distribute new software that will enable customers to locally access and create online accounts. The stores will also offer AOL software that will have quick links to the Wal-Mart shopping site.
"Millions of our customers will be enabled by this agreement to obtain affordable, convenient Internet service, and to access our online store," Wal-Mart's vice chairman and chief operating officer, Lee Scott, said in a ...
Copyright 1999 Information Access Company,
a Thomson Corporation Company;
ASAP
Copyright 1999 Delta Communications Inc.
Grocery Headquarters
February 1, 1999
SECTION: No. 2, Vol. 65; Pg. 12
IAC-ACC-NO: 54195095
LENGTH: 4680 words
HEADLINE: Y2K looms large; includes related articles; industrial impact of the year 2000 computer crisis
BYLINE: Radice, Carol
BODY:
... explains issues related to Y2K.
* Getting Compliant www.software.ibm.com/year2000/ This area offers dates on software and how to set up a Y2K test system.
* Components to solve the problem www.y2klinks.com Provides quick links and informational databases, and looks at software and hardware designed to help solve Y2K problems.
* Contingency Plan www.Y2Kexperts.com This site offers a free "Certified Y2K-Ready" Survival Guide, and sample form documents (letters, checklists, etc.) that can be downloaded.
* Federal Best ...
MAIL-IT REQUESTED: APRIL 2, 2003 10083K
CLIENT: HDFGHDFH
LIBRARY: NEWS
FILE: ALLNWS
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
(QUICK PRE/1 LINK) W/5 EMERGENCY
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 7
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
2-4
DISPLAY FORMAT: 30 VAR KWIC
SEND TO: WAHLBERG, STACY
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAILBOX 314
ARLINGTON VIRGINIA 22202-4600
**********************************05079**********************************
Copyright 2002 Grand Forks Herald
All Rights Reserved
Grand Forks Herald
July 4, 2002 Thursday FINAL EDITION
SECTION: C-LOCAL; Pg. 04
LENGTH: 921 words
HEADLINE: REGION BRIEFS
BYLINE: Herald staff reports
BODY:
... Monument with the District of Columbia National Guard s 257th Army Band. It also will present Music Under the Stars concerts July 11 and 18 at Fort Monroe.
BISMARCK
Fire index on the Web
The North Dakota Division of Emergency Management has developed a quick link on the state s Web site to provide easy access to information on the fire index. The information is updated daily. It indicates fire danger on a county-by-county basis. It also lists current weather conditions and ...
Copyright 2001 The McGraw-Hill Companies, Inc.
ATC Market Report
January 18, 2001
SECTION: Vol. 10, No. 2; Pg. 7
LENGTH: 419 words
HEADLINE: AOPA Makes Approach Charts Freely Available On Its Website
BODY:
... Internet, a pilot can print information for any selected airport, ready to be clipped to a kneeboard.
-- AOPA's Handbook for Pilots Online, including sections on aircraft performance and operations, airspace and ATC, meteorology and weather services, and emergency procedures and survival. The handbook also provides quick links to the most up-to-date Federal Aviation Regulations and the Aeronautical Information Manual.
Copyright 1999 Sentinel Communications Co.
Orlando Sentinel (Florida)
November 11, 1999 Thursday, METRO
SECTION: TRANSPORTATION; Pg. F4
LENGTH: 637 words
HEADLINE: GIZMO-LADEN MERCEDES STILL A DREAM;
BYLINE: By Tom Incantalupo, NEWSDAY
BODY:
... reality for about $70,000.
That it borders on being over the top in electronic complexity was not entirely avoidable given the long list of features, including a hands-free, built-in cellular phone with voice activation and quick links to emergency and roadside help; a navigation system; a premium stereo; and dual zone automatic climate control - all of which have come to be expected in the ultraluxury class.
On sale since March, the 2000 S-sedans come in basically two ...
[1] The Office has reassigned this application to the undersigned examining attorney.
[2] This refusal was continued in the suspension letter dated August 23, 2000.
[3] The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.
[4] Please note the attached definition of LINK from the online High Tech Dictionary.