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  76/586484

 

The assigned examining attorney has reviewed the referenced application and 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.

 

Section 2(e)(1) - Descriptive Refusal

 

Registration is refused because the proposed mark merely describes the applicant’s goods.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); TMEP §§1209 et seq.

 

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 and/or services.  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).  A mark that describes an intended user of a product or service is also merely descriptive within the meaning of Section 2(e)(1).  Hunter Publishing Co. v. Caulfield Publishing Ltd., 1 USPQ2d 1996 (TTAB 1986); In re Camel Mfg. Co., Inc., 222 USPQ 1031 (TTAB 1984); In re Gentex Corp., 151 USPQ 435 (TTAB 1966).

 

In this case, applicant intends to use the proposed mark, QUICKCHANGE, on “medical apparatus, namely equipment and software.”  The proposed mark is descriptive based on the ordinary meanings of the combined terms.  The terms are defined as follows:

 

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.[1]

 

change

 
change (chânj) verb

changed, chang·ing, chang·es verb, transitive

1.    a. To cause to be different: change the spelling of a word. b. To give a completely different form or appearance to; transform: changed the yard into a garden.

2.    To give and receive reciprocally; interchange: change places.

3.    To exchange for or replace with another, usually of the same kind or category: change one's name; a light that changes colors.

4.    a. To lay aside, abandon, or leave for another; switch: change methods; change sides. b. To transfer from (one conveyance) to another: change planes.

5.    To give or receive the equivalent of (money) in lower denominations or in foreign currency.

6.    To put a fresh covering on: change a bed; change the baby.

 

verb, intransitive

1.    To become different or undergo alteration: He changed as he matured.

2.    To undergo transformation or transition: The music changed to a slow waltz.

3.    To go from one phase to another, as the moon or the seasons.

4.    To make an exchange: If you prefer this seat, I'll change with you.

5.    To transfer from one conveyance to another: She changed in Chicago on her way to the coast.

6.    To put on other clothing: We changed for dinner.

7.    To become deeper in tone: His voice began to change at age 13.

 

noun

1.    The act, process, or result of altering or modifying: a change in facial expression.

2.    The replacing of one thing for another; substitution: a change of atmosphere; a change of ownership.

3.    A transformation or transition from one state, condition, or phase to another: the change of seasons.

4.    Something different; variety: ate early for a change.

5.    A different or fresh set of clothing.

6.    Abbr. chg.. a. Money of smaller denomination given or received in exchange for money of higher denomination. b. The balance of money returned when an amount given is more than what is due. c. Coins: had change jingling in his pocket.

7.    Music. A pattern or order in which bells are rung.

8.    A market or exchange where business is transacted.

 

— phrasal verb.

 

For a mark that combines descriptive terms to be registrable, the composite must create a unitary mark with a separate, nondescriptive meaning.  In re Ampco Foods, Inc., 227 USPQ 331 (TTAB 1985).  The mark “QUICKCHANGE” does not have a separate, nondescriptive meaning apart from the meanings of the individual terms.  The proposed mark clearly provides information about the specific use for which the goods are intended.

 

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.

 

Identification of Goods

 

The current wording used to describe the goods needs clarification because it is indefinite. In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  If applicant chooses to use indefinite terms such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" and "products," then such terms must be followed by the word "namely" and a list of the specific goods identified by their common commercial or generic names.  TMEP §§1402.01 and 1402.03(a).

 

 Applicant may adopt the following identification of goods, if accurate:  “Medical equipment, namely, [indicate specific equipment using its common commercial name] and operating software therefore, sold as a unit” in Class 10.  TMEP §1402.01.

 

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

Request for Information

 

Applicant must submit samples of advertisements or promotional materials and a photograph of the identified goods because the nature of the goods on which applicant intends to use its mark is not clear from the present record.  If such materials are not available, then applicant must submit samples of advertisements or promotional materials and a photograph of similar goods.  In addition, applicant must describe in some detail the nature, purpose and channels of trade of the goods listed in the application.  37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(d).

 

Standard Character Drawing Claim

 

Applicant must submit the following standard character claim:  “The mark is presented in standard characters without claim to any particular font style, size, or color.”  37 C.F.R. §2.52(a).

 

NOTICE:  TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004

 

The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.

 

 

 

/Ronald McMorrow/

Examining Attorney

Law Office 105

(571) 272-9306

 

How to respond to this Office Action:

 

You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail).  PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.

 

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.