To: | National Restaurant Association Educatio ETC. (lgates@jenner.com) |
Subject: | TRADEMARK APPLICATION NO. 76545468 - RESOURCE CENTER FOR WORKFORCE SOLUTIONS - 39322-10000 |
Sent: | 3/10/04 2:33:33 PM |
Sent As: | ECom114 |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/545468
APPLICANT: National Restaurant Association Educatio ETC.
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CORRESPONDENT ADDRESS: LISA PARKER GATES JENNER & BLOCK, LLC ONE IBM PLAZA CHICAGO IL 60611
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: RESOURCE CENTER FOR WORKFORCE SOLUTIONS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 39322-10000
CORRESPONDENT EMAIL ADDRESS: lgates@jenner.com |
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 76/545468
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, applicant must address the following issue(s).
RECITATION OF SERVICES
The recitation of services is unacceptable as indefinite. The applicant may adopt the following recitation, if accurate:
IC 35
Offering technical assistance in the establishment and/or operation of restaurants; Employment hiring, recruiting, placement, staffing and career networking services in the field of foodservice and hospitality
IC 41
Educational services, namely, disseminating educational materials in the field of foodservice and hospitality
IC 43
Hospitality consultation
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. Section 2.71(b); TMEP section 804.09. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the services recited in the present identification.
The applicant may wish to consult the on-line identification manual on the PTO homepage for a searchable database of acceptable identifications for goods and services. The manual is available at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
MULTIPLE CLASSES
The application identifies services that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. Section 2.86(a)(2); TMEP sections 810.01 and 1113.01.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following:
(1) The applicant must specifically identify the services in each class and list the services by international class with the classes listed in ascending numerical order. TMEP section 1113.01.
(2) The applicant must submit a filing fee for each international class of services not covered by the fee already paid. 37 C.F.R. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1113.01.
(3) The applicant must submit:
(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a). The dates of use must be at least as early as the filing date of this application. 37 C.F.R. Sections 2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or
(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b).
(4) The applicant must submit an affidavit or a declaration under 37 C.F.R. Section 2.20 signed by the applicant to verify (3) above. 37 C.F.R. Sections 2.59(a) and 2.71(c).
DISCLAIMER
The applicant must insert a disclaimer of RESOURCE CENTER FOR WORKFORCE SOLUTION in the application because applicant provides an online information resource center for workforce solutions. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.09(a)(i). See attached applicant’s own descriptive usage of the term.
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use RESOURCE CENTER FOR WORKFORCE SOLUTION apart from the mark as shown.
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 or services. 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).
Additional information pertaining to trademark application requirements is available on-line at the Patent and Trademark Office web-site at www.uspto.gov. Current status and status date information is available, via touch-tone telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305-8747 from 6:30 a.m. until midnight, Eastern Standard Time, Monday through Friday.
/john.hwang/
John C. Hwang
Trademark Attorney
Law Office 114
T) 703-308-9114 ext 206
F) 703-746-6282
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 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.