To: | Acumen Fund, Inc. (pto-oc@gibsondunn.com) |
Subject: | U.S. Trademark Application Serial No. 88555257 - ACUMEN ACADEMY - 04896-00003 |
Sent: | October 26, 2019 02:45:44 PM |
Sent As: | ecom107@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88555257
Mark: ACUMEN ACADEMY
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Correspondence Address:
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Applicant: Acumen Fund, Inc.
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Reference/Docket No. 04896-00003
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: October 26, 2019
The examining attorney has reviewed the referenced application and determined the following.
DATABASE SEARCH
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).
DISCLAIMER
In this case, applicant must disclaim the wording “ACADEMY” because it is not inherently distinctive. This unregistrable term is merely descriptive of a quality, characteristic, function, feature, purpose, or use of applicant’s charitable and educational 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 attached evidence from an online dictionary and the USPTO’s X-Search database shows that this wording is merely descriptive when used in connection with charitable and educational services of the sort listed in applicant’s identification of services. See attached printouts.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “ACADEMY” 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.
Applicant is encouraged to telephone the examining attorney, instead of submitting a written response, to expedite the application.
/Nicholas K. D. Altree/
Trademark Examining Attorney
U.S. Patent & Trademark Office
Law Office 107
571-272-9336
RESPONSE GUIDANCE