UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/535463
APPLICANT: UHS of Delaware, Inc.
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CORRESPONDENT ADDRESS: STEPHEN J. MEYERS DRINKER BIDDLE & REATH LLP ONE LOGAN SQUARE 18TH AND CHERRY STREETS PHILADELPHIA, PA 19103-6996 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: NORTHWEST TEXAS HEALTHCARE SYSTEM
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CORRESPONDENT’S REFERENCE/DOCKET NO: 187784
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 76/535463
The assigned examining attorney has reviewed the referenced application and determined the following.
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.
Trademark Act Section 6(a), 15 U.S.C. Section 1056(a), states that the Commissioner may require the applicant to disclaim an unregistrable component of a mark. Trademark Act Section 2(e), 15 U.S.C. Section 1052(e), bars the registration of a mark which is merely descriptive or deceptively misdescriptive, or primarily geographically descriptive of the goods. Therefore, the Commissioner may require the disclaimer of a portion of a mark which, when used in connection with the goods or services, is merely descriptive or deceptively misdescriptive, or primarily geographically descriptive. If an applicant does not comply with a disclaimer requirement, the examining attorney may refuse registration of the entire mark. TMEP section 1213.01(b).
The applicant must disclaim TEXAS HEALTHCARE SYSTEM apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a). The applicant is using the mark to identify “health care services.” Also, as evidenced by the applicant’s specimens, the services are provided in Texas. If the primary significance of a mark is to indicate a geographic location which is neither obscure nor remote and the applicant's goods are manufactured or produced in the location indicated, then the public is likely to believe that the geographic term identifies the place from which the goods originate. See In re Nantucket Allserve, Inc., 28 USPQ2d 1144 (TTAB 1993). Thus, the wording is generic for the identified services and geographically descriptive of the services.
Language of the Disclaimer
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use TEXAS HEALTHCARE SYSTEM apart from the mark as shown.
/Ysa de Jesus/
Trademark Attorney
US Patent and Trademark Office
(t)703.308.9114 x-476
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.