To: | DAN LOK EDUCATION, INC (tm@trademarkfactory.com) |
Subject: | U.S. Trademark Application Serial No. 88413578 - HIGH PERFORMANCE CLOSER - N/A |
Sent: | July 18, 2019 05:53:29 PM |
Sent As: | ecom128@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 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88413578
Mark: HIGH PERFORMANCE CLOSER
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Correspondence Address: |
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Applicant: DAN LOK EDUCATION, INC
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Reference/Docket No. N/A
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 18, 2019
SEARCH OF OFFICE’S DATABASE OF 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).
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
In this case, the applied-for mark is “HIGH-PERFORMANCE CLOSER” used in connection with pre-recorded audio and video educational materials relating to relating to personal, business, and professional development, printed educational books relating to personal, business, and professional development, educational services relating to personal, business, and professional development, business development consulting services, and personal image consulting. The attached evidence from Merriam-Webster shows that “HIGH PERFORMANCE” means “better, faster, or more efficient than others”. The term “CLOSER” is defined as “one that closes” and is commonly used in business to refer to people who close business deals. See Harvard Business Review, Blog.Hubspot, and Your Dictionary. Therefore, the combination of the terms “HIGH-PERFORMANCE CLOSER” immediately conveys to consumers that applicant’s goods and/or services involve teaching others how to be high performance closers and/or are provided by a high-performance closer.
Considering the above, the applied-for mark is refused registration under Trademark Act Section 2(e)(1).
SUPPLEMENTAL REGISTER ADVISORY
IDENTIFICATION OF GOODS – AMENDMENT REQUIRED FOR INTERNATIONAL CLASS 009
Applicant may adopt the following wording, if accurate:
International Class 009: Pre-recorded ___ {specify if digital or electronic} media devices featuring audio and video educational materials in the field of personal, professional, and business development
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
FOREIGN REGISTRATION CERTIFICATE REQUIRED
A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in the applicant’s country of origin. TMEP §1004.01. If an applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, the applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to the applicant’s country of origin. TMEP §1016.
Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin. If the foreign registration is not written in English, applicant must also provide an English translation. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).
RESPONSE GUIDELINES
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.
How to respond. Click to file a response to this nonfinal Office action
/Arriola, Kimberly/
Attorney Advisor
Law Office 128
(571)270-7984
kimberly.arriola@uspto.gov
RESPONSE GUIDANCE