To: | Leiweke Advertising Corp (rtl0120@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88472257 - WORLD HIGH STAKES GOLF - N/A |
Sent: | September 12, 2019 04:54:35 PM |
Sent As: | ecom112@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 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 Attachment - 38 Attachment - 39 Attachment - 40 Attachment - 41 Attachment - 42 Attachment - 43 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88472257
Mark: WORLD HIGH STAKES GOLF
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Correspondence Address:
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Applicant: Leiweke Advertising Corp
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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: September 12, 2019
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.
Disclaimer
In this case, applicant must disclaim the wording “WORLD HIGH STAKES GOLF CHAMPIONSHIPS” because it is not inherently distinctive. These unregistrable terms at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The word WORLD is defined as “the earth with its inhabitants and all things upon it.” The examining attorney encloses a definition from The Merriam Webster Dictionary showing the meaning of the word WORLD.
The words “high stakes” is defined as “game or contest is one in which the people involved can gain or lose a great deal.” The examining attorney encloses a definition from The Collins English Dictionary showing the meaning of the words “high stakes.”
The word CHAMPIONSHIPS is defined as a “contest held to determine a champion.” The examining attorney encloses a definition from the Merriam Webster Dictionary showing the meaning of the word Championship.
The words WORLD GOLF CHAMPIONSHIPS and GOLF CHAMPIONSHIPS are typically used to demonstrate golf championships. The examining attorney encloses Internet references from PGATOUR.COM and IGFGOLF.ORG showing the terminology WORLD CHAMPIONSHIP, GOLF CHAMPIONSHIP and WORLD GOLF Championships used together.
A golf championship is a contest used to determine a champion in the sport of golf.
In this case, the applicant provides a contest for participants from around the entire earth or world that involves the ability of those participants to make or lose a lot of money in the sport of golf.
The words WORLD HIGH STAKES GOLF CHAMPIONSHIP describes a feature of the services in that the championships involves a great deal of money contested among participants from around the world in the sport of golf.
Therefore, the words WORLD HIGH STAKES GOLF CHAMPIONSHIPS must be disclaimed.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “WORLD HIGH STAKES GOLF CHAMPIONSHIPS” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Description of the Mark
The following description is suggested, if accurate: The mark consists of a golf ball in the center with two golf clubs crossed and behind the golf ball. The word “WORLD” appears above the golf ball in between two gold club handles. The word “HIGH STAKES GOLF” appears in front of the golf ball with the letters “TAKES” superimposed on the golf ball. The bottom of the golf club protrudes from the bottom of the golf ball. The word “CHAMPIONSHIPS” appears beneath the golf ball and golf clubs.
Recitation of Services
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.
The recitation of services should be amended to read as follows, if accurate:
Gaming services in the nature of conducting online computer game tournaments in the field of golf; Entertainment in the nature of golf tournaments in International Class 41.
Search of the Office Records
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
Response
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.
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
/Charles L. Jenkins, Jr./
Charles L. Jenkins, Jr.
Trademark Attorney
Law Office 112
571-272-9305
charles.jenkins@uspto.gov
RESPONSE GUIDANCE