UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 76717939
MARK: GROUP
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: Group Publishing, Inc.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
The applicant has been pulled from the publication queue due to the following substantive issue. However, applicant should note the following refusal:
Registration Refused as to Classes 9, 16 and 41 – Mark is Merely Descriptive of Applicant’s Goods and Services
Registration is refused because the applied-for mark merely describes a characteristic of applicant’s goods and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
Applicant has applied for the mark GROUP for educational materials in Classes 9 and 16 and educational and entertainment services in Class 41. The attached dictionary evidence from The American Heritage® Dictionary of the English Language defines “GROUP” as “An assemblage of persons or objects gathered or located together; an aggregation”. In the context of applicant’s goods, the term “group” merely describes a characteristic of the educational material, namely, that they are for use by an aggregate or gathering of people. In addition, term merely describes the assemblage of people who attend applicant’s educational and entertainment events.
For example, the attached Internet evidence from www.todayschristianwoman.com suggests methods for improving a small group Bible study. The evidence from www.womensbiblecafe.com offers online memberships in small groups for online Bible study. Similarly, the evidence from www.mcleanbible.org provides information on how to join a discipleship group for learning, studying and praying together. The attached retail evidence from www.familychristian.com indicates that “small group studies” are a specific category of religious educational material. Two more examples of “group” study are available at www.lifeway.com and www.smallgroups.com, where both sites provide resources, suggested educational materials and other information geared towards group educational materials and services.
Each of these sites indicates that “group” merely describes a characteristic of the method of study/learning of the educational materials and also describes the assemblage of persons who attend and participate in educational services.
No leap in thought is required to understand that the mark merely describes the assemblage/aggregate nature of the intended user of applicant’s goods and/or services. Accordingly, registration is refused on the Principal Register under Trademark Act Section 2(e)(1).
Section 2(f) Suggested – Distinctiveness Based on Five Years’ Use
To amend the application to Section 2(f) based on five years’ use, applicant should submit the following written statement claiming acquired distinctiveness, if accurate:
The mark has become distinctive of the goods and/or services through the applicant’s substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
TMEP §1212.05(d). Applicant must verify this statement with an affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.41(a)(2); TMEP §1212.05(d); see 37 C.F.R. §2.193(e)(1).
/Julie Thomas Veppumthara/
Trademark Examining Attorney
Law Office 107
Phone: 571-272-1582
Email: julie.veppumthara@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.