UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/509983
APPLICANT: MARTIN, GARY S.
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CORRESPONDENT ADDRESS: JAMES K. COONS HUTCHINSON COX COONS DUPRIEST ORR 777 HIGH ST STE 200 EUGENE OR 97401-2750
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: BLACK BELT SUCCESS CYCLE
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CORRESPONDENT’S REFERENCE/DOCKET NO: C727
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 76/509983
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 1105.01.
However, before the mark can be published for opposition, the applicant must address the following informalities:
Recitation of Services
The wording “producing and distributing course material” in the recitation of services is unacceptable as indefinite. The applicant must amend the recitation to specify the common commercial name of the services or to indicate their nature. TMEP §1402.11.
The applicant may amend to adopt the following, if accurate:
Educational services, namely, conducting [indicate specific mode of instructions, e.g. classes, seminars, conferences, workshops] in the field of personal growth and life skills, and distributing course materials in connection therewith.
Disclaimer
The applicant must disclaim the descriptive wording "BLACK BELT" apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a). “Black belt” describes a level of achiement in the field of martial arts and the applicant’s services are directed to persons in the field of martial arts. Therefore, the wording is merely descriptive.
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP section 1213.09(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use BLACK BELT apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
A prompt response to this Office Action will expedite the handling of this matter. The applicant may submit its response as a reply to this email, addressed to: ecom112@uspto.gov, or by fax to 703.746.8112 (See instructions below for using the Office’s Trademark Electronic Application System (TEAS) to respond online), which allows you to fill out a form and check it for completeness over the internet.
Sincerely,
/gch/
Trademark Attorney
U.S. Patent & Trademark Office
Law Office 112
(703) 308-9112, ext. 136
(703) 746-8112 (fax for formal responses)
gina.hayes@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.