Offc Action Outgoing

[Important Email Information]

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  77/009614

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Section 2(e)(1) Merely Descriptive

 

The assigned examining attorney refuses registration on the Principal Register because the proposed mark merely describes the services.  Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1); TMEP section 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). 

 

The applicant has applied to register the proposed mark CAREER READINESS CERTIFICATE for “providing an on-line computer database in the field of workforce development programs; providing databases featuring job profiles and requirements; management and compilation of computerized databases; information, advisory and consultancy services relating to workforce development programs.”  “Career readiness certificate,” however, merely designates a certificate certifying a recipient’s level of work skills.  See the attached excerpts obtained from a search of the Lexis-Nexis® database, as well as a search of the Internet via the search engine Google®.  The assigned trademark examining attorney notes that the applicant offers a national program endorsing such certificates when recipients use the applicant’s “WorkKeys® job skills assessment system.”  The assigned trademark examining attorney also notes that the applicant offers information related to such (presumably via an online database).  See the attached excerpts obtained from the applicant’s website.  Accordingly, the assigned trademark examining attorney finds that the proposed mark merely describes a feature of the services.  

 

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

 

Signed Declaration Required

 

The application was not signed and verified, which is an application requirement.  15 U.S.C. §§1051(a)-(b), 1126(d)-(e), 1141f(a); 37 C.F.R. §§2.33-2.34.  Therefore, the applicant must verify, in a signed affidavit or declaration under 37 C.F.R. §2.20, the following statement:  “The applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the filing date, and the facts set forth in the application are true and correct.”  37 C.F.R. §2.193(c)(1)(iii); TMEP §804.02.

 

If the applicant responds to this Office action via TEAS, the applicant may satisfy this requirement by adding the required statement (specified immediately above) to the TEAS response form, checking the box for a “signed declaration,” and properly signing the form by either (1) choosing an electronic signature consisting of any combination of letters, numbers, spaces and/or punctuation marks, preceded and followed by the forward slash (/) symbol (e.g., /johndoe/), and entering this in the signature block on the response form, or (2) attaching a .jpg image of a declaration under 37 C.F.R. §2.20 (see declaration paragraph below) together with a pen-and-ink signature.  TMEP §804.05. 

 

If the applicant responds to this Office action on paper, via regular mail, the applicant may satisfy this requirement by providing the following declaration at the end of the response, properly signed and dated:

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be entitled to use such mark in commerce; that applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the filing date; that the facts set forth in the application are true and correct; that to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

 

_____________________________

(Signature)

_____________________________

(Print or Type Name and Position)

_____________________________

(Date)

 

Advisory - Search Results

 

The assigned examining attorney has searched the Office records and has found no similar registered mark which bars registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP §704.02.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

Deirdre G. Robertson

/Deirdre G. Robertson/

Trademark Examining Attorney

Law Office 111

Phone No. (571) 272-8806

Fax No. (571) 273-9111

 

RESPONSE GUIDELINES:  No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  Please note that all electronic communications must be signed using the "/name/" format.  TMEP §804.05.

 

Applicants may now respond formally using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>.  When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces the time it takes to process the applicant’s response, while also eliminating the possibility of data entry errors by the Office.  Applicants are strongly encouraged to use TEAS to respond to office actions.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.

 

To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE:  TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>:  (1) responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner’s address; (5) appointments and revocations of attorney; (6) amendments to allege use; (7) statements of use; (8) requests for extension of time to file a statement of use, and (9) requests to delete a §1(b) basis.  If any of these documents are filed on paper, they must be accompanied by a $50 per class fee.  37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(i).  NOTE:  In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee.  37 C.F.R. §2.23(a)(2).

 

PLEASE NOTE:  Because it delays processing, submission of duplicate papers is discouraged.  Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted electronically or by fax.  TMEP 306.04; Cf.  ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).

 

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

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

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

 

 

108B8C

 

Time of Request: Monday, November 20, 2006  14:43:02 EST

Client ID/Project Name:

Number of Lines: 390

Job Number:      1842:130880089

 

Research Information

 

Service:   Terms and Connectors Search

Print Request: Selected Document(s): 4,6,7,9-11,13,14,17,19,21,23,26,28,29

Source: US Newspapers

Search Terms: "career readiness certificate"

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Send to:  ROBERTSON, DEIRDRE

          TRADEMARK LAW LIBRARY

          600 DULANY ST

          ALEXANDRIA, VA 22314-5790

 

 

4 of 35 DOCUMENTS

 

 

Copyright 2006 Richmond Newspapers, Inc.

All Rights Reserved

Richmond Times Dispatch (Virginia)

 

October 3, 2006 Tuesday 

Final Edition

 

SECTION: AREA/STATE; Pg. B-1

 

LENGTH: 995 words

 

HEADLINE: Middle College program helps students pick a career;

One 20-year-old who is taking advantage of the classes says he doesn't want just another job

 

BYLINE: HOLLY PRESTIDGE; Times-Dispatch Staff Writer

 

BODY:

...spring semester.

 By this time in the class, students have taken several WorkKeys tests, which can earn them one of three career-readiness certificates that show they have entry-level employment skills.

 A gold-level certificate means an individual's math, reading and researching  ...

 

 

6 of 35 DOCUMENTS

 

 

Copyright 2006 Journal and Courier (Lafayette, IN)

All Rights Reserved

Journal and Courier (Lafayette, Indiana)

 

September 10, 2006 Sunday

 

SECTION: BUSINESS; Pg. 10C

 

LENGTH: 389 words

 

HEADLINE: PEOPLE AND PRODUCTS

 

BODY:

...Deborah Waymire recently presented a program in Oklahoma on the success Indiana has had with its WorkKeys job profiling program and Career Readiness Certificate project.

...Cooperation: One Community's Response to Economic and Workforce Development."

Oklahoma and Indiana participate in a consortium of states that issue Career Readiness Certificates to workers.

Oklahoma has issued slightly more than 2,000 certificates during the past two years, while Indiana issued more than  ...

 

 

 

7 of 35 DOCUMENTS

 

 

Copyright 2006 Multimedia Publishing of North Carolina

All Rights Reserved

The Asheville Citizen-Times (North Carolina)

 

August 9, 2006 Wednesday 

FINAL Edition

 

SECTION: BUSINESS; Pg. 1C

 

LENGTH: 382 words

 

HEADLINE: BRIEFS

 

BYLINE: MARK BARRETT

 

BODY:

...Area Workforce Development Board will honor 60 people today who are among the first in the state to receive career readiness certificates.

William Mance, chairman of the Mountain Area Workforce Development Board, and K. Ray Bailey, president of Asheville-Buncombe Technical Community College and a member of the workforce board, will present the certificates to recipients.

The career readiness certificate is an assessment-based credential that gives employers and job seekers a uniform measure of key workplace skills. The certificate is  ...

 

 

 

9 of 35 DOCUMENTS

 

 

Copyright 2006 Richmond Newspapers, Inc.

All Rights Reserved

Richmond Times Dispatch (Virginia)

 

June 6, 2006 Tuesday 

Final Edition

 

SECTION: AREA/STATE; Pg. B-1

 

LENGTH: 1418 words

 

HEADLINE: Motivated to learn;

Adults inspired to rekindle academic ambitions

 

BYLINE: HOLLY PRESTIDGE; Times-Dispatch Staff Writer

 

BODY:

...director of the J. Sargeant Reynolds Middle College program.

 In addition to a GED, students can obtain a career-readiness certificate that attests to employment skills.

* * *

 The Middle College program started in April 2003 at Southside Virginia Community College's  ...

 

 

10 of 35 DOCUMENTS

 

 

Copyright 2006 Daily Press, Inc.

Daily Press (Newport News, Virginia)

 

June 1, 2006 Thursday 

MIDDLE PENINSULA EDITION

 

SECTION: LOCAL NEWS | MIDDLE PENINSULA; Pg. C18

 

LENGTH: 256 words

 

HEADLINE: RCC WORKS WITH INMATES FOR EMPLOYABILITY

 

BYLINE: Special to the Daily Press

 

BODY:

Under Virginia's Career Readiness Certificate program, the Workforce and Community Development Office at Rappahannock Community College has recently administered assessments in applied mathematics,  ...

The Career Readiness Certificate is a portable credential that indicates to a potential employer that a person has achieved acceptable levels of foundation skills for  ...

 

GRAPHIC:

...Middle Peninsula Regional Security Center; Mike Jenkins, executive  director of the Bay Consortium Workforce Investment Board, which funded the  Career Readiness Certificate project; Rappahannock Community College's Gloria  Savage-Early; and David Harmon, superintendent of the security center.

 

 

11 of 35 DOCUMENTS

 

 

Copyright 2005 Richmond Newspapers, Inc.

Richmond Times Dispatch (Virginia)

 

November 30, 2005 Wednesday 

CITY EDITION

 

SECTION: BUSINESS; Pg. C-1

 

LENGTH: 656 words

 

HEADLINE: CERTIFICATE MEANS SUCCESS;

VA. CAREER READINESS CERTIFICATE HELPS EMPLOYERS AND EMPLOYEES BY IDENTIFYING NEEDS AND SKILLS

 

BYLINE: By Julian Benbow Times-Dispatch Staff Writer Any ideas? Staff writer Julian Benbow can be reached at (804) 649-6495 or jbenbow@timesdispatch.com

 

BODY:

...But, as Mac McGinty of Thomas Nelson Community College said, "we all know resumes and applications can lie."

The Virginia Career Readiness Certificate, he says, does not.

...hires. They increase productivity because the person is in there and ready."

Not to be mistaken with a high school diploma or a college degree, the career readiness certificate gives workers proof of something they can't get in a classroom: on-the-job experience.

Gloria Westerman, director of  ...

...631 jobs to Chesterfield County.

Having a certificate, Westerman said, essentially "takes you to the front of the line for interviews."

While the Career Readiness Certificate program has been around only for a year, Northrop Grumman has used the WorkKeys exam to test its employees for the past  ...

 

 

13 of 35 DOCUMENTS

 

Copyright 2005 Chattanooga Publishing Company

Chattanooga Times Free Press (Tennessee)

 

October 13, 2005 Thursday

Correction Appended

 

SECTION: LOCAL NEWS; Pg. A2

 

LENGTH: 859 words

 

BODY:

...Tennessee has become the first region of the state to develop a certificate that confirms the holder has basic job skills. A new career readiness certificate unveiled Wednesday uses WorkKeys assessment tests to gauge a person's skills in reading, math and locating information.

*  ...

 

CORRECTION-DATE: October 14, 2005 Friday

 

CORRECTION:

CLARIFICATION

A story on Page A1 in Thursday's editions should have indicated that people who want a flu shot next week at the Chattanooga-Hamilton County Health Department must call the hot line at 209-8393 Saturday between 8:30 a.m. and 4 p.m. to make an appointment.

 

 

 

14 of 35 DOCUMENTS

 

Copyright 2005 Chattanooga Publishing Company 

Chattanooga Times Free Press (Tennessee)

 

October 13, 2005 Thursday

 

SECTION: LOCAL BUSINESS; Pg. C1

 

LENGTH: 429 words

 

HEADLINE: Certificate verifies applicant job skills

 

BYLINE: By Mike Pare; Staff Writer

 

BODY:

...positive step for any employer," James Neeley, Tennessee's commissioner of labor and work force development, said Wednesday.

The career readiness certificate uses WorkKeys assessment tests to gauge a person's skills in reading, math and locating information.

...business," he said.

Certificate proponents said that while a high school diploma demonstrates achievement in the academic world, the career readiness certificate shows an ability to do tasks at the work place.

Mark Kirby of the Southeast Tennessee Development District, a regional  ...

 

 

 

17 of 35 DOCUMENTS

 

 

Copyright 2005 The News and Observer

The News & Observer (Raleigh, North Carolina)

 

April 27, 2005 Wednesday 

Final Edition

 

SECTION: BUSINESS; Pg. D1

 

LENGTH: 950 words

 

HEADLINE: Rural team urges help;

A task force makes recommendations on helping rural dislocated workers

 

BYLINE: Karin Rives, Staff Writer

 

BODY:

...appropriations from the General Assembly lag actual enrollment.

- Provide better and more timely services to dislocated workers.

- Establish a career readiness certificate program for North Carolina workers. Because 85 percent of dislocated workers in rural counties have only a high  ...

 

 

 

19 of 35 DOCUMENTS

 

 

Copyright 2005 Richmond Newspapers, Inc.

Richmond Times Dispatch (Virginia)

 

February 21, 2005 Monday 

CITY EDITION

 

SECTION: METRO BUSINESS; Pg. D-20

 

LENGTH: 730 words

 

HEADLINE: JOB-PROFILING PROGRAM CAN AID EMPLOYER, EMPLOYEE

 

BYLINE: Stu Neal Stu Neal is the director of the Center for Entrepreneurial Development at the Community College Workforce Alliance. E-mail sneal@ccwa.vccs.edu or visit the Web site at: www.CCWAsmallbusiness.com

 

BODY:

...proficiencies even if the employer is not yet utilizing WorkKeys.

In Virginia, the Governor's Initiative has created a WorkKeys-based "Career Readiness Certificate" that informs all employers that the certificate holder has reached an employer-recognized level of work-force literacy.

To date, more than 5,200 Virginia workers have earned their CRCs. Individuals can earn three levels of career readiness certificates based on test performance.

*The bronze level signifies that a recipient possesses skills for about 30 percent of the  ...

 

 

 

21 of 35 DOCUMENTS

 

Copyright 2005 Chattanooga Publishing Company 

Chattanooga Times Free Press (Tennessee)

 

February 11, 2005 Friday

 

SECTION: LOCAL NEWS; Pg. B0

 

LENGTH: 719 words

 

HEADLINE: Mayoral candidates focus on education, jobs, neighborhoods

 

BYLINE: By Herman Wang; Staff Writer

 

BODY:

...school board and county to make sure things get done."

She said she supports work force development initiatives, including career readiness certificates, that would ensure workers have base-level qualifications to compete for jobs. She also said she would create internship programs for students to build  ...

 

 

 

23 of 35 DOCUMENTS

 

 

Copyright 2004 The Tulsa World

Tulsa World (Oklahoma)

 

November 11, 2004 Thursday 

Final Home Edition

 

SECTION: Business; General; Pg. E1

 

LENGTH: 941 words

 

HEADLINE: State's economic pluses, minuses assessed

 

BYLINE: DEBBIE BLOSSOM World Staff Writer

 

BODY:

...image -- one beyond its important American Indian heritage, with an upbeat and modern bent.

  A program that is developing a career-readiness certificate that would highlight the skills of Oklahoma workers to companies nationwide.  

 Taylor ended on more of a personal tone, noting that the more  ...

 

 

26 of 35 DOCUMENTS

 

Copyright 2004 The Roanoke Times 

The Roanoke Times (Virginia)

 

October 20, 2004 Wednesday Metro Edition

 

SECTION: BUSINESS; Pg. C6

 

LENGTH: 412 words

 

HEADLINE: JOB SKILLS CERTIFICATION LAUDED BY GOVERNOR

 

BYLINE: Michael Sluss mike.sluss@roanoke.com (804) 697-1585

 

DATELINE: RICHMOND

 

BODY:

...advantage of a program launched last year by Gov. Mark Warner.

Warner called for creation of a "career readiness certificate" to boost the employment prospects for skilled workers who may lack a high school diploma or college degree.  ...

"The career readiness certificate cuts across all industries and demonstrates the essential skills that are so needed," Warner said.

In a ceremony, Warner  ...

...Education Foundation and Patrick County Community College for teaming up to provide certification training to 90 county residents.

The career readiness certificate verifies that a worker has sufficient skills in applied mathematics, reading for information and locating information. The certification can be  ...

...bring a skill set that is definable."

Warner said Virginia is working with 13 other states and Washington, D.C., to make the career readiness certificate a standard document that is recognized from state to state.

The certification program is part of a package of targeted education reforms Warner  ...

 

 

 

28 of 35 DOCUMENTS

 

 

Copyright 2003 The Washington Post

The Washington Post

 

December 3, 2003 Wednesday 

Final Edition

 

SECTION: Metro; B03

 

LENGTH: 426 words

 

HEADLINE: Three Leaders Map Plans for the Region;

Bay Cleanup, Traffic and Tourism Among Issues Discussed at Annapolis Summit

 

BYLINE: Nelson Hernandez, Washington Post Staff Writer

 

BODY:

...much as $1 billion in Maryland alone.

Warner said the three leaders were also devising plans for a career readiness certificate that would attest to a worker's skills and could be issued and used in all three jurisdictions.  

A few weeks ago, the three  ...

 

 

 

 

29 of 35 DOCUMENTS

 

Copyright 2003 Landmark Communications, Inc. 

The Virginian-Pilot(Norfolk, Va.)

 

October 10, 2003 Friday Final Edition

 

SECTION: LOCAL, Pg. B10

 

LENGTH: 833 words

 

HEADLINE: WARNER'S NEW ED PLAN MODEST, BUT MEANINGFUL

 

BODY:

...will cut the time to earn a diploma to three or four months.

Other work-force enhancements include a "career readiness certificate" that assures employers an individual has basic math and English skills and a plan to streamline some 22 work-force  ...

...will cut the time to earn a diploma to three or four months.

Other work-force enhancements include a "career readiness certificate" that assures employers an individual has basic math and English skills and a plan to streamline some 22 work-force  ...

108B8C

 

********** Print Completed **********

 

Time of Request: Monday, November 20, 2006  14:43:02 EST

 

Print Number:    1842:130880089

Number of Lines: 390

Number of Pages:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Send To:  ROBERTSON, DEIRDRE

          TRADEMARK LAW LIBRARY

          600 DULANY ST

          ALEXANDRIA, VA 22314-5790

 

 

 

Note:

 

In order to avoid size limitation constraints on large e-mail messages, this Office Action has been split into 3 smaller e-mail messages.  The Office Action in its entirety consists of this message as well as the following attachments that you will receive in separate messages:

 

Email 1 includes the following 5 attachments  

1. 1  

2. 2-1  

3. 2-2  

4. 3-1  

5. 3-2  

 

Email 2 includes the following 5 attachments  

1. 4-1  

2. 4-2  

3. 5  

4. 6  

5. 7-1  

 

Email 3 includes the following 1 attachment  

1. 7-2  

 

Please ensure that you receive all of the aforementioned attachments, and if you do not, please contact the assigned-examining attorney.