| To: | Gevity HR, Inc. (tmcentral@pirkeybarber.com) |
| Subject: | TRADEMARK APPLICATION NO. 77574240 - MARCH FORTH. TAKE TH - GVTY:030US1 |
| Sent: | 12/24/2008 12:54:59 PM |
| Sent As: | ECOM113@USPTO.GOV |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 |
UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 77/574240
MARK: MARCH FORTH. TAKE TH
|
|
|
CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
|
|
APPLICANT: Gevity HR, Inc.
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
EXAMINER’S AMENDMENT/PRIORITY ACTION
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 12/24/2008
OFFICE SEARCH: 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 704.02.
AMENDMENT: In accordance with the authorization granted by Susan J. Hightower, Esq., on December 24, 2008, the application has been AMENDED as indicated below. Please advise the undersigned immediately if there is an objection to the amendment. Otherwise, no response is necessary. TMEP §707.
Mark Description
The following description of the mark is added to the record:
The mark consists of a rectangle divided into two parts. The left part of the rectangle contains the wording “MARCH FORTH. TAKE THE DAY OFF TO TAKE THE DAY ON.” The right part of the rectangle contains the number 4 with the word MARCH embedded in the vertical stem of the number.
See 37 C.F.R. §2.37; TMEP §§808 et seq.
If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).
The following issue was discussed with the person listed above.
Disclaimer Required
Applicant has applied for registration of a design mark containing the wording MARCH FORTH. TAKE THE DAY OFF TO TAKE THE DAY ON next to a number 4 with the word MARCH in the vertical stem for:
Promoting and encouraging volunteerism in the fields of education, energy and climate change, global health, and poverty alleviation, in Class 35.
Failure to comply with a disclaimer requirement can result in a refusal to register the entire mark. TMEP §1213.01(b).
A “disclaimer” is a statement that applicant does not claim exclusive rights to an unregistrable component of a mark. TMEP§1213. A disclaimer does not affect the appearance of the applied-for mark. See TMEP§1213.10.
The word “March” is defined as “in the Gregorian calendar, the third month of the year, lasting 31 days.” The word “four” is defined as “the fourth in a set or series.” See the attached definitions from the on-line Encarta® World English Dictionary, http://encarta.msn.com/encnet/features/dictionary/dictionaryhome.aspx and Merriam-Webster’s Online Dictionary, http://www.merriam-webster.com/. The number 4 combined with the term March merely describes the fourth day in the month of March.
Information on applicant’s web site states that: “We have designated March 4th as a day of celebration throughout all Gevity offices nationwide. It’s a day to celebrate the amazing potential within each colleague—and to recognize your strengths, vision, and unlimited possibilities.” See the attached printout from http://www.marchforth.info/MarchForth_Highlights.pdf. Therefore, the wording March 4 in the mark simply describes a particular date on which applicant engages in its promotional services. Consequently, the wording in the mark merely describes this characteristic of applicant’s services.
See also the attached printouts from fifteen websites and fifteen articles from the LEXISNEXIS® database showing the wording “March 4” used descriptively for a particular date. See the attached web pages from:
http://en.wikipedia.org/wiki/March_4
http://www.answers.com/topic/march-4-1
http://memory.loc.gov/ammem/today/mar04.html
http://www.msnbc.msn.com/id/23134849/
http://www.sos.state.tx.us/elections/candidates/runpres07.shtml
http://www.federalreserve.gov/newsevents/speech/bernanke20080304a.htm
http://georgiainfo.galileo.usg.edu/tdgh-mar/mar04.htm
http://news.bbc.co.uk/onthisday/hi/dates/stories/march/4/default.stm
http://www.marketingpilgrim.com/2008/03/linky-goodness-march-4.html
http://news.harmony-central.com/Newp/2008/Fender-University-March-4-8-2009-for-Spring-Session.html
http://www.nytimes.com/2008/03/04/us/politics/04text-obama.html
http://www.signup4.net/Public/ap.aspx?EID=IMPL188E
http://www.mahalo.com/March_4_Primaries
http://www.asha.org/about/publications/leader-online/archives/2008/080304/
Material obtained from the Internet is generally accepted as competent evidence in examination and ex parte proceedings. See In re Rodale Inc., 80 USPQ2d 1696, 1700 (TTAB 2006) (Internet evidence accepted by the Board to show genericness); In re White, 80 USPQ2d 1654, 1662 (TTAB 2006) (Internet evidence accepted by the Board to show false connection); In re Joint-Stock Co. “Baik”, 80 USPQ2d 1305, 1308-09 (TTAB 2006) (Internet evidence accepted by the Board to show geographic significance); Fram Trak Indus. v. WireTracks LLC, 77 USPQ2d 2000, 2006 (TTAB 2006) (Internet evidence accepted by the Board to show relatedness of goods); In re Consol. Specialty Rest. Inc., 71 USPQ2d 1921, 1927-29 (TTAB 2004) (Internet evidence accepted by the Board to show that geographic location is well-known for particular goods); In re Gregory, 70 USPQ2d 1792, 1793 (TTAB 2004) (Internet evidence accepted by the Board to show surname significance); In re Fitch IBCA Inc., 64 USPQ2d 1058, 1060 (Internet evidence accepted by the Board to show descriptiveness); TBMP §1208.03; TMEP §710.01(b).
Material obtained from computerized text-search databases, such as LEXISNEXIS®, is generally accepted as competent evidence in examination and ex parte proceedings. See In re Boulevard Entm’t Inc., 334 F.3d 1336, 1342-43, 67 USPQ2d 1475, 1479 (Fed. Cir. 2003) (LEXISNEXIS® evidence accepted by the Court to show the offensive nature of a term); In re Giger, 78 USPQ2d 1405, 1407 (TTAB 2006) (LEXISNEXIS® evidence accepted by the Board to show surname significance); In re Lamb-Weston Inc., 54 USPQ2d 1190, 1192 (TTAB 2000) (LEXISNEXIS® evidence accepted by the Board to show descriptiveness); In re Wada, 48 USPQ2d 1689, 1690 (TTAB 1998) (LEXISNEXIS® evidence accepted by the Board to show that geographic location is well-known for particular goods); In re Decombe, 9 USPQ2d 1812, 1815 (TTAB 1988) (LEXISNEXIS® evidence accepted by the Board to show relatedness of goods in a likelihood of confusion determination); TBMP §1208.01; TMEP §710.01(a).
The following cases further explain the disclaimer requirement: Dena Corp. v. Belvedere Int’l Inc., 950 F.2d 1555, 21 USPQ2d 1047 (Fed. Cir. 1991); In re Kraft, Inc., 218 USPQ 571 (TTAB 1983).
No claim is made to the exclusive right to use “MARCH 4” apart from the mark as shown.
TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
Response Guidelines
The issue raised above may potentially be resolved by telephone. Applicant is encouraged to telephone the assigned trademark examining attorney to resolve the issue raised in this Office action.
/Kim T. Moninghoff/
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4738
Fax: 571-273-9113
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.
'Day of Dance' a push for women's health Orlando Sentinel (Florida) December 23, 2008 Tuesday
Copyright 2008 Sentinel Communications Co.
Orlando Sentinel (Florida)
December 23, 2008 Tuesday
CENTRAL FLORIDA
SECTION: LAKE; LAKE; Your community in brief; Pg. F2
LENGTH: 840 words
HEADLINE: 'Day of Dance' a push for women's health
BYLINE: Debbie Manis, Sentinel Staff Writer
BODY:
... Feb. 10 and 11 a.m. to noon Feb. 20.
*"Nutrition Hot Topics" -- learn about the latest research on health and nutrition -- 6:30 to 7:30 p.m. March 3 and 11 a.m. to noon March 4.
*"Size It Right!" -- understanding nutrition labels, portion sizes and good nutrition -- 6:30 to 7:30 p.m. April 7 and 11 a.m. to noon April 8.
Registration is suggested but not required. To ...
Avs can't ignore Forsberg The Denver Post December 22, 2008 Monday
Copyright 2008 The Denver Post
All Rights Reserved
The Denver Post
December 22, 2008 Monday
FINAL EDITION
SECTION: SPORTS; Pg. B-02
LENGTH: 380 words
HEADLINE: Avs can't ignore Forsberg
BYLINE: Adrian Dater The Denver Post
BODY:
... wait-and-see approach to Forsberg's return. No team has experienced more of Forsberg's health highs and lows than the Avs, and they are understandably leery of getting their hopes up about him.
Forsberg will have to decide by the NHL's March 4 trade deadline whether he can/will play or not. That's plenty of time, and Forsberg showed last year that even at about 70 percent he can still be a huge asset to a team.
This is a ...
Bush bailout steps into Congress' realm The Miami Herald December 22, 2008 Monday
Copyright 2008 The Miami Herald
All Rights Reserved
The Miami Herald
December 22, 2008 Monday
SECTION: A; Pg. 23
LENGTH: 786 words
HEADLINE: Bush bailout steps into Congress' realm
BYLINE: GEORGE F. WILL, georgewill@washpost.com
BODY:
... inherent in big government is found in H.W. Brands' new biography A Traitor to His Class: The Privileged Life and Radical Presidency of Franklin Delano Roosevelt. FDR became president on Saturday, March 4, 1933. Banks were closed that day and the next, temporarily preventing panicked depositors from withdrawing their money. At 1 a.m. Monday, FDR ordered all banks closed for four days, hoping that the fever would ...
INAUGURATION DATE IS FINE Sun-Sentinel (Fort Lauderdale, Florida) December 22, 2008 Monday
Copyright 2008 Sun-Sentinel Company
All Rights Reserved
Sun-Sentinel (Fort Lauderdale, Florida)
December 22, 2008 Monday
Broward Metro Edition
SECTION: OPED; Pg. 24A
LENGTH: 127 words
HEADLINE: INAUGURATION DATE IS FINE
BYLINE: Charles Bevington, Delray Beach
BODY:
... last eight years. I wonder how many of these writers were calling for a constitutional amendment to allow President Clinton to run for a third term? Yes, the inauguration date was moved from March 4 under the 20th Amendment due to greater ease of travel. Jan. 20 was chosen to allow a smooth transition between administrations and allow time for the Electoral College to address any irregularities that may ...
More sexy the first time The Denver Post December 21, 2008 Sunday
Copyright 2008 The Denver Post
All Rights Reserved
The Denver Post
December 21, 2008 Sunday
FINAL EDITION
SECTION: PERSPECTIVE; Pg. D-04
LENGTH: 597 words
HEADLINE: More sexy the first time
BYLINE: Ed Quillen Denver Post Columnist
BODY:
... out Teller's term from April 1882 until January 1883, when the legislature convened. The second was a legislative decision for the rest of Teller's term, from January until a new Congress convened on March 4, 1883. The third, also chosen by the legislature, was for a new six-year term starting on March 4, 1883.
Three different men got those three different terms.
The General Assembly was dominated by Republicans before and after the 1882 general election, so it was certain the new senator would be a Republican. ...
NOBODY HOME - WHERE ARE THE LEADERS WE NEED? The New York Post December 21, 2008 Sunday
Copyright 2008 N.Y.P. Holdings, Inc.
All Rights Reserved
The New York Post
December 21, 2008 Sunday
SECTION: All Editions; Pg. 30
LENGTH: 941 words
HEADLINE: NOBODY HOME - WHERE ARE THE LEADERS WE NEED?
BYLINE: PEGGY NOONAN
BODY:
... in the world. "There's a lot of ruin in a nation," said Adam Smith. There's a lot of ruin in a great economy, too. We are the oldest continuing democracy in the world, operating, since March 4, 1789, under a vibrant and enduring constitution that was formed by geniuses and is revered, still, coast to coast. We don't make refugees, we admit them. When the rich of the world get sick, they come here to be treated, and when their children come of ...
Cardinals spring training in Jupiter, FLA St. Louis Post-Dispatch (Missouri) December 21, 2008 Sunday
Copyright 2008 St. Louis Post-Dispatch, Inc.
All Rights Reserved
St. Louis Post-Dispatch (Missouri)
December 21, 2008 Sunday
FOURTH EDITION
SECTION: EXPLORE; Pg. T4
LENGTH: 540 words
HEADLINE: Cardinals spring training in Jupiter, FLA
BYLINE: STAFF REPORTS
BODY:
... person, based on double occupancy. Final payment is due by Jan. 9. Call 314-968-9600.
Kevin's New Experience Tours of St. Louis will head to Florida on March 4 on an eight-day bus excursion that will include three Cardinals spring training games.
The first overnight will be spent in Chattanooga, Tenn., with the tour arriving at Jupiter, Fla., ...
2008 YEAR IN REVIEW Notable Deaths St. Louis Post-Dispatch (Missouri) December 21, 2008 Sunday
Copyright 2008 St. Louis Post-Dispatch, Inc.
All Rights Reserved
St. Louis Post-Dispatch (Missouri)
December 21, 2008 Sunday
FOURTH EDITION
SECTION: NEWSWATCH; Pg. B5
LENGTH: 1245 words
HEADLINE: 2008 YEAR IN REVIEW Notable Deaths
BYLINE: The Associated Press
BODY:
... 23.
William F. Buckley Jr., 82. Erudite author, editor; helped revive conservative movement. Feb. 27.
Gary Gygax, 69. Co-created Dungeons & Dragons role-playing games. March 4.
Former Sen. Howard Metzenbaum, 90. Liberal Ohio Democrat who challenged big business. March 12.
Paul Scofield, 86. British actor; won Oscar for "A Man for ...
KEY DATES THE DALLAS MORNING NEWS December 20, 2008 Saturday
Copyright 2008 THE DALLAS MORNING NEWS
THE DALLAS MORNING NEWS
December 20, 2008 Saturday
FIRST EDITION
SECTION: SPORTS DAY; Pg. 9C
LENGTH: 121 words
HEADLINE: KEY DATES
BODY:
... vs. Chicago Blackhawks, Wrigley Field, Chicago.
Jan 22-26 - All-Star break.
Jan. 24 - NHL SuperSkills Competition, Montreal.
Jan. 25 - NHL All-Star Game, Montreal.
March 4 - Trade deadline, 3 p.m. EST.
April 9-19 - IIHF Under 18 World Championship, Fargo, N.D., and Moorhead, Minn.
April 12 - Last day of 2008-09 regular season. ...
In Desperate Times, the Rise to Take the Reins and Take On Fear Itself The New York Times December 20, 2008 Saturday
Copyright 2008 The New York Times Company
The New York Times
December 20, 2008 Saturday
Late Edition - Final
SECTION: Section C; Column 0; The Arts/Cultural Desk; EXHIBITIONS; Pg. 1
LENGTH: 1684 words
HEADLINE: In Desperate Times, the Rise to Take the Reins and Take On Fear Itself
BYLINE: By EDWARD ROTHSTEIN
DATELINE: HYDE PARK, N.Y.
BODY:
... compressed space, some sense of the urgency and haste with which problems were addressed.
In facing the crisis, Roosevelt had argued that he would need the equivalent of emergency wartime powers. Many were prepared to go further. On the day of his inauguration, March 4, 1933, The New York Herald-Tribune said it was ''for dictatorship if necessary.'' But a dictator could not have done more. Within five days of Roosevelt's taking office, Congress passed the Emergency ...
Phils' Howard says no to WBC The Philadelphia Inquirer December 20, 2008 Saturday
Copyright 2008 Philadelphia Newspapers, LLC
All Rights Reserved
The Philadelphia Inquirer
December 20, 2008 Saturday
CITY-D Edition
SECTION: SPORTS; Inq Sports; Pg. D01
LENGTH: 227 words
HEADLINE: Phils' Howard says no to WBC
BYLINE: By Jim Salisbury; Inquirer Staff Writer
BODY:
... in Clearwater, Fla., on March 2 and play an exhibition game against the Phils at Bright House Field on March 5. The Phils will host the Canadian team on March 4.
Contact staff writer Jim Salisbury at 215-854-4983 or jsalisbury@phillynews.com
Let them eat cake, hoist light sabers Chicago Tribune December 19, 2008 Friday
Copyright 2008 Chicago Tribune Company
Chicago Tribune
December 19, 2008 Friday
Chicago Final Edition
SECTION: LIVE! MOVIES ; ZONE C; THE LOBBYIST ; Pg. 2
LENGTH: 375 words
HEADLINE: Let them eat cake, hoist light sabers
BYLINE: By Michael Esposito
BODY:
At President Franklin Roosevelt's first inauguration on March 4, 1933, he noted that the American people should "Be Afraid, Be Very Afraid!" Oops, that was the title of the 20th book in the Goosebumps series. What FDR really asserted was his "firm belief that the only thing we have to fear is fear itself -- nameless, unreasoning, unjustified ...
CODE OF CONDUCT AMENDMENT; Judicial candidates can collect more in '09 The Columbus Dispatch (Ohio) December 19, 2008 Friday
Copyright 2008 The Columbus Dispatch
All Rights Reserved
The Columbus Dispatch (Ohio)
December 19, 2008 Friday
Home Final Edition
SECTION: NEWS; Pg. 09B
LENGTH: 207 words
HEADLINE: CODE OF CONDUCT AMENDMENT;
Judicial candidates can collect more in '09
BYLINE: Joe Hallett, THE COLUMBUS DISPATCH
BODY:
... higher contribution limits can begin on Jan. 5 for judges running in 2009. Any post-election fundraising conducted on behalf of 2008 candidates -- which can continue through March 4, 2009 -- remains subject to the existing limits.
The Long Transition (to F.D.R.) The New York Times December 19, 2008 Friday
Copyright 2008 The New York Times Company
The New York Times
December 19, 2008 Friday
The New York Times on the Web
SECTION: Section ; Column 0; Editorial Desk; LETTER; Pg.
LENGTH: 179 words
HEADLINE: The Long Transition (to F.D.R.)
BODY:
... plan to eliminate the ''interregnum'' was not revealed until 1935, ''too late to save the country from what has been called 'the interregnum of despair' between Franklin Roosevelt's election in November 1932 and Herbert Hoover's departure from office on March 4, 1933.''
But at least one important man had the same idea. Shortly after winning the 1932 election, Roosevelt, who had served in the Wilson administration, privately floated a plan whereby Hoover's ...
Bell's loss is not so big Rams guard says he has dropped only a few pounds, not 20-plus. But a potential move to tackle might be reason to bulk up a bit. RAMS • Up next: Noon Sunday vs. 49ers, no local TV St. Louis Post-Dispatch (Missouri) December 19, 2008 Friday
Copyright 2008 St. Louis Post-Dispatch, Inc.
All Rights Reserved
St. Louis Post-Dispatch (Missouri)
December 19, 2008 Friday
THIRD EDITION
SECTION: SPORTS; Pg. D5
LENGTH: 733 words
HEADLINE: Bell's loss is not so big Rams guard says he has dropped only a few pounds, not 20-plus. But a potential move to tackle might be reason to bulk up a bit. RAMS • Up next: Noon Sunday vs. 49ers, no local TV
BYLINE: By Jim Thomas ST. LOUIS POST-DISPATCH
BODY:
... in the season, Bell hasn't looked like a $36 million man much of the season. That's the total contract value of the six-year free-agent deal he signed with St. Louis last March 4.
Bell is the first to admit that big expectations come with big bucks in the NFL.
"Somebody like me, they expect a lot out of me," he said. "There's no room for error. And when you're losing, the spotlight's that much ...
