UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/528602

 

The assigned trademark examining attorney has reviewed the referenced application filed on ^, and has determined the following.

 

Search Results

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

2(e)(2) - Geographically Descriptive Refusal

Registration is refused because the mark is primarily geographically descriptive of the origin of applicant’s goods and/or services.  Trademark Act Section 2(e)(2), 15 U.S.C. §1052(e)(2); TMEP §§1210.01(a) and 1210.04(b).

 

The primary significance of the term “NORTHWEST TEXAS” is geographic (see dictionary definitions below), and applicant’s goods/services come from the geographical place named in the mark (see specimen listing an Amarillo, Texas address).  Therefore, a public association of the goods/services with the place is presumed.  In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001); In re U.S. Cargo, Inc., 49 USPQ2d 1702 (TTAB 1998); In re Carolina Apparel, 48 USPQ2d 1542 (TTAB 1998); In re Chalk’s International Airlines Inc., 21 USPQ2d 1637 (TTAB 1991); In re California Pizza Kitchen, 10 USPQ2d 1704 (TTAB 1989); In re Handler Fenton Westerns, Inc., 214 USPQ 848 (TTAB 1982).  TMEP §1210.04(b). 

 

The addition of a generic or descriptive term to a geographic term does not obviate a determination of geographic descriptiveness.  TMEP §1210.07(a).  See In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001); In re Carolina Apparel, 48 USPQ2d 1542 (TTAB 1998); In re Chalk’s International Airlines Inc., 21 USPQ2d 1637 (TTAB 1991); In re Wine Society of America Inc., 12 USPQ2d 1139 (TTAB 1989); In re California Pizza Kitchen Inc., 10 USPQ2d 1704 (TTAB 1988); In re Cambridge Digital Systems, 1 USPQ2d 1659 (TTAB 1986); In re BankAmerica Corp., 231 USPQ 873 (TTAB 1986).  Therefore, the addition of the words BALANCE CENTER and “HEALTHCARE SYSTEM” (see dictionary definitions below) do not obviate the above refusal.

 

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.

 

Supplemental Register

Although the trademark examining attorney has refused registration on the Principal Register, applicant may respond to the stated refusal(s) under Section 2(e)(2) by amending the application to seek registration on the Supplemental Register.  Trademark Act Section 23, 15 U.S.C. §1091; 37 C.F.R. §§2.47 and 2.75(a); TMEP §§801.02(b), 815 and 816 et seq.

 

Requirements

If applicant chooses to respond to the refusal(s) to register, then applicant must also respond to the following requirement(s).

 

Disclaimers

Applicant must insert the required disclaimer if registration of the mark is sought on the Supplemental Register or on the Principal Register under Section 2(f), because “CENTER” and “HEALTHCARE SYSTEM” are generic in the context of applicant’s goods and/or services.  In re Wella Corp., 565 F.2d 143, 196 USPQ 7 (C.C.P.A. 1977); In re Creative Goldsmiths of Washington, Inc., 229 USPQ 766 (TTAB 1986); In re Carolyn’s Candies, Inc., 206 USPQ 356 (TTAB 1980); TMEP §1213.03(b).

 

Applicant must disclaim the descriptive wording “CENTER” and “HEALTHCARE SYSTEM” apart from the mark as shown because it merely describes the services.  Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).

 

The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer.  TMEP §1213.08(a)(i).  The following is the standard format used by the Office:

 

No claim is made to the exclusive right to use “CENTER” and “HEALTHCARE SYSTEM” apart from the mark as shown.

 

See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

 

Fee Increase

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.

 

 

 

 

 

 

 

 

/Vivian Micznik First/

Vivian Micznik First

Trademark Attorney, Law Office 114

703-308-9114 ext. 149

ecom114@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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

bal·ance

 
bal·ance (bàl¹ens) noun

1.    A weighing device, especially one consisting of a rigid beam horizontally suspended by a low-friction support at its center, with identical weighing pans hung at either end, one of which holds an unknown weight while the effective weight in the other is increased by known amounts until the beam is level and motionless.

2.    A state of equilibrium or parity characterized by cancellation of all forces by equal opposing forces.

3.    The power or means to decide.

4.    A state of bodily equilibrium.

5.    A stable mental or psychological state; emotional stability.

6.    A harmonious or satisfying arrangement or proportion of parts or elements, as in a design.

7.    An influence or force tending to produce equilibrium; counterpoise.

8.    The difference in magnitude between opposing forces or influences.

9.    Accounting. a. Equality of totals in the debit and credit sides of an account. b. The difference between such totals, either on the credit or the debit side.

10.  Something that is left over; a remainder.

11.  Chemistry. Equality of mass and net electric charge of reacting species on each side of an equation.

12.                     Mathematics. Equality with respect to the net number of reduced symbolic quantities on each side of an equation.

13.  A balance wheel.

 

verb

bal·anced, bal·anc·ing, bal·anc·es verb, transitive

1.    To determine the weight of (something) in or as if in a weighing device.

2.    To compare by or as if by turning over in the mind: balanced the pros and cons before making a final decision.

3.    To bring into or maintain in a state of equilibrium.

4.    To act as an equalizing weight or force to; counterbalance.

5.    Accounting. a. To compute the difference between the debits and credits of (an account). b. To reconcile or equalize the sums of the debits and credits of (an account). c. To settle (an account, for example) by paying what is owed.

6.    To bring into or keep in equal or satisfying proportion or harmony.

7.                     Mathematics. To bring (an equation) into balance.

8.    Chemistry. To bring (an equation) into balance.

9.    To move toward and then away from (a dance partner).

 

verb, intransitive

1.    To be in or come into equilibrium.

2.    To be equal or equivalent.

3.    To sway or waver as if losing or regaining equilibrium.

4.    To move toward and then away from a dance partner.

 

— idiom.

in the balance

In an undetermined and often critical position: Our plans were left hanging in the balance. Resolution of these matters is still in the balance.

on balance

Taking everything into consideration; all in all.

 [Middle English balaunce, from Old French, from Vulgar Latin *bilancia, having two scale pans, from Latin bilanx : bi-, two + lanx, scale.]

 Synonyms: balance, equilibrium, equipoise, poise. The central meaning shared by these nouns is “a state of stability resulting from the cancellation of all forces by equal opposing forces”: upsetting the balance of nature through the use of insecticides; equilibrium of power between Western and Eastern countries; the weights of a scale in equipoise; a poise between disparate and contradictory emotions. See also synonyms at proportion, remainder.

 Antonyms: imbalance.[1]

 

cen·ter

 
cen·ter (sèn¹ter) noun

Abbr. ctr.

1.    A point or place that is equally distant from the sides or outer boundaries of something; the middle: the center of town; the center of a stage.

2.    a. A point equidistant from the vertexes of a regular polygon. b. A point equidistant from all points on the circumference of a circle or on the surface of a sphere.

3.    A point around which something rotates or revolves: The sun is the center of our solar system.

4.    A part of an object that is surrounded by the rest; a core: chocolates with soft centers.

5.    a. A place where a particular activity or service is concentrated: a medical center. b. A point of origin, as of influence, ideas, or actions: a center of power; a center of unrest. c. An area of dense population: a metropolitan center.

6.    A person or thing that is the chief object of attention, interest, activity, or emotion.

7.    A person, object, or group occupying a middle position.

8.    Often Center . A political group or a set of policies representing a moderate view between those of the right and the left.

9.    Physiology. A group of neurons in the central nervous system that control a particular function: the vasomotor center.

10.  Sports. A player who holds a middle position on the field, court, or forward line in some team sports, such as football and basketball.

11.  Baseball. Center field.

12.  a. A small conical hole made in a piece of work with a center punch so that a drill can be accurately positioned within it. b. A bar with a conical point used to support work, as during turning on a lathe.

 

verb

cen·tered, cen·ter·ing, cen·ters verb, transitive

1.    To place in or at the center: centered the vase on the table.

2.    To direct toward a center or central point; concentrate or focus: tried to center the discussion on the main issues.

3.    Football. To pass (the ball) back between the legs to begin a down.

 

verb, intransitive

1.    To be concentrated; cluster: The epidemic centered in the urban areas.

2.    To have a central theme or concern; be focused: Her novels center on the problems of adolescence.

 [Middle English centre, from Old French, from Latin centrum, from Greek kentron, center of a circle, from kentein, to prick.]

 Synonyms: center, focus, headquarters, heart, hub, seat. The central meaning shared by these nouns is “a region, person, or thing around which something, such as an activity, is concentrated”: a great cultural center; the focus of research efforts; the headquarters of a multinational corporation; a town that is the heart of the colony; the hub of a steel empire; the seat of government.

 Usage Note: According to traditional canons of usage, the verb center may be freely used with the prepositions on, upon, in, or at; but its use with around is excoriated as “ungrammatical,” “illogical,” “geometrically senseless,” and “physically impossible.” But the fact that writers persist in using this phrase in sentences such as The discussion centered around the need for curriculum revision (where traditionalists would require revolved around) suggests a widespread perception that center around, for all its apparent illogicality, may sometimes represent the true nature of experience. Center may denote a variety of relations involving having, finding, or turning about a center, and the choice of a preposition depends on what is intended. There is reputable precedent for usages such as Our hope centered in the young sovereign; His thoughts centered on the long journey before him; and The trade is centered at Amsterdam; as well as for usages such as A storm of battle centered around the king, in which example around seems to be the only appropriate choice. See Usage Note at equal.[2]

 

north·west

 
north·west (nôrth-wèst¹, nôr-wèst¹) noun

Abbr. NW

1.    The direction or point on the mariner's compass halfway between due north and due west, or 45° west of due north.

2.    An area or a region lying in the northwest.

3.    Northwest. a. A historical region of the north-central United States west of the Mississippi River and north of the Missouri River. b. A region of the northwest United States, generally including Washington, Oregon, and Idaho.

 

adjective

Abbr. NW

1.    To, toward, of, facing, or in the northwest.

2.    Originating in or coming from the northwest: a northwest wind.

 

adverb

Abbr. NW

In, from, or toward the northwest.

—      north·west¹ern adjective[3]

 

tex·as

 
tex·as (tèk¹ses) noun

Nautical.

A structure on a river steamboat containing the pilothouse and the officers' quarters.

 [After Texas.][4]

 

health care

 
health care noun also health·care (hèlth¹kâr´)

The prevention, treatment, and management of illness and the preservation of mental and physical well-being through the services offered by the medical and allied health professions.

 

adjective also health-care

Of or relating to health care: the health care industry.[5]

 

sys·tem

 
sys·tem (sîs¹tem) noun

Abbr. syst.

1.    A group of interacting, interrelated, or interdependent elements forming a complex whole.

2.    A functionally related group of elements, especially:. a. The human body regarded as a functional physiological unit. b. An organism as a whole, especially with regard to its vital processes or functions. c. A group of physiologically or anatomically complementary organs or parts: the nervous system; the skeletal system. d. A group of interacting mechanical or electrical components. e. A network of structures and channels, as for communication, travel, or distribution.

3.    An organized set of interrelated ideas or principles.

4.    A social, economic, or political organizational form.

5.    A naturally occurring group of objects or phenomena: the solar system.

6.    A set of objects or phenomena grouped together for classification or analysis.

7.    A condition of harmonious, orderly interaction.

8.    An organized and coordinated method; a procedure. See synonyms at method.

9.    The prevailing social order; the establishment. Used with the: You can't beat the system.

 [Late Latin systêma, systêmat-, from Greek sustêma, from sunistanai, to combine : sun-, syn- + histanai, set up, establish.][6]