To: | Genesis Health, Inc. (rvermut@rtlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77810076 - BROOKS - Brooks |
Sent: | 11/25/2009 6:33:19 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/810076
MARK: BROOKS
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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
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APPLICANT: Genesis Health, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 11/25/2009
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH RESULTS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
The applicant must respond to the following:
SURNAME REFUSAL
Please see the attached evidence from the Whitepages.com, establishing the surname significance of the surname BROOKS. This evidence shows the applied-for mark appearing over 100 times as a surname in a nationwide telephone directory of names.
The following five factors are used to determine whether a mark is primarily merelya surname:
(1) Whether the surname is rare;
(2) Whether anyone connected with applicant uses the term as a surname;
(3) Whether the term has any recognized meaning other than as a surname;
(4) Whether the term has the structure and pronunciation of a surname; and
(5) Whether the term is sufficiently stylized to remove its primary significance from that of a surname.
In re Benthin Mgmt. GmbH, 37 USPQ2d 1332, 1333-34 (TTAB 1995); TMEP §1211.01.
SUPPLEMENTAL REGISTER
If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the effective filing date of the application will be the date on which applicant met the minimum filing requirements of 37 C.F.R. §2.76(e) for the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§816.02, 1102.03.
The applicant must respond to the following informalities:
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fee(s) already paid, or (2) submit the fees for the additional class(es).
The applicant may amend to adopt the following:
International Class 35:
Health education services, namely conducting classes, seminars and workshops in the field of health.
International Class 44:
Medical services; occupational therapy services; physical rehabilitation; physical therapy; speech therapy; cognitive therapy services; biofeedback therapy services; pain management therapy and treatment services; industrial rehabilitation services; health care services; Medical evaluation services, namely, functional assessment program for patients receiving medical rehabilitation services for purposes of guiding treatment and assessing program effectiveness; Mental health services; Providing physical rehabilitation facilities; medical services, namely acute care services; speech and language pathology services; psychology services; Home health care services; Home nursing aid services; Nursing care; Nursing services; Health spa services, namely cosmetic body care services, massages, skin care salon services; facial skin care services; biofeedback therapies; anti-aging therapies; healing body treatments; body scrubs and body wraps; micro-dermabrasion; glycolic peels; healing body treatments.
International Class 41:
Physical fitness consultation; Physical fitness instruction; Providing fitness and exercise facilities; providing personal and group exercise classes; providing training in the use of fitness equipment; fitness consultation, namely fitness assessments providing information in the field of exercise training; health club services, namely providing instruction and equipment in the field of physical exercise.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/teas/index.html. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/teas/eFilingTips.htm and email technical questions to TEAS@uspto.gov.
Gina Hayes, Esq.
/GH/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 103
571-272-9407
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.