To: | QP1, Inc. (edl@iplawgroup.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88248788 - QUALITY PERSONNEL - 020136 |
Sent: | 3/28/2019 12:17:04 PM |
Sent As: | ECOM126@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 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88248788
MARK: QUALITY PERSONNEL
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: QP1, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 3/28/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH RESULTS/ NO CONFLICTING MARKS
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).
REFUSAL UNDER SECTION 2(e)(1) OF THE TRADEMARK ACT – MARK IS MERELY DESCRIPTIVE
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
The applied-for mark is “QUALITY PERSONNEL” in standard characters for use in connection with employment hiring, recruiting, placement, staffing and career networking services in International Class 35. The proposed mark immediately conveys information concerning a purpose of the services because it immediately tells consumers that a purpose of applicant’s employment hiring, recruiting, placement, staffing and career networking services is to provide people to be employed by or active in an organization, business or service who are superior in kind to others from other staffing agencies.
Indeed, in this case, both the individual components and the composite result of the applied-for mark are descriptive of applicant’s services and do not create a unique, incongruous, or nondescriptive meaning in relation to the services. Specifically, the term “QUALITY” appears to be a laudatory term in applicant’s industry that means “superiority in kind”. See attached evidence from the Merriam-Webster Dictionary. In addition, “PERSONNEL” refers to “the people employed by or active in an organization, business, or service.” See attached evidence from The American Heritage Dictionary. Taken together, “QUALITY PERSONNEL” tells consumers that a purpose of applicant’s employment hiring, recruiting, placement, staffing and career networking services is to provide people to be employed by or active in an organization, business or service who are superior in kind to others from other staffing agencies.
Furthermore, the attached evidence from 24 Hour Medical Staffing Services (www.24-hrmed.com), Staffing Kansas City (http://staffingkc.com), Holis Services Inc. (http://holiservices.com), Elite Staffing (www.elitestaffing.com), and Mary Kraft (www.marykraft.com) demonstrates that the phrase “QUALITY PERSONNEL” is commonly used to describe employment services that are the same as, or similar to, applicant’s services. For example, 24 Hour Medical Staffing Services provides healthcare staffing services and boasts that their Healthcare Staffing Services certification “can be a tool to attract and retain quality personnel”. Staffing Kansas City also provides a testimonial for its staffing services, wherein one client states that “They are the best temporary staffing company we have ever used in the Kansas City area. Staffing Kansas City provides high quality personnel and excellent service.” Holi Services also boasts that it “has a long history of providing quality personnel to Orleans and Jefferson parishes and the Baton Rouge area.” Elite Staffing also explains that “[e]nsuring that you have quality personnel is imperative not only for the operation of your business, but also for the well being of your staff and equipment. Elite Staffing and our nationwide network of local staffing agencies will fill your open warehouse jobs with quality personnel capable of maintaining solid growth and performance.” Mary Kraft also advertises that “Quality Personnel is the lifeblood of any organization.”
The proposed mark “QUALITY PERSONNEL” is therefore merely descriptive of applicant’s services under Section 2(e)(1) because the term immediately tells consumers a purpose of applicant’s employment hiring, recruiting, placement, staffing and career networking services is to provide people to be employed by or active in an organization, business or service who are superior in kind to others from other staffing agencies.
Although applicant’s mark has been refused registration on the Principal Register, applicant may respond to the refusal by submitting evidence and arguments in support of registration.
SUPPLEMENTAL REGISTER ADVISORY
If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the application effective filing date will be the date applicant met the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use. TMEP §§816.02, 1102.03; see 37 C.F.R. §2.75(b). In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
DISCLAIMER OF GENERIC WORDING ADVISORY
Applicant may submit a disclaimer in the following format:
No claim is made to the exclusive right to use “PERSONNEL” apart from the mark as shown.
TMEP §1213.08(a)(i).
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
HOW TO RESPOND TO THIS OFFICE ACTION
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
Sarah Hasford
/Sarah P. Hasford/
Trademark Examiner
Law Office 126
(571) 270-3632
sarah.hasford@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.