To: | Zeal Capital Management LLC (nasir@zealvc.co) |
Subject: | U.S. Trademark Application Serial No. 88903384 - INCLUSIVE INVESTING - N/A |
Sent: | August 07, 2020 05:27:59 PM |
Sent As: | ecom117@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88903384
Mark: INCLUSIVE INVESTING
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Correspondence Address: |
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Applicant: Zeal Capital Management LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION NONFINAL OFFICE ACTION
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: August 07, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On August 7, 2020, the examining attorney and Nasir Qadree discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE as to class 035
Here, the proposed mark is “Inclusive Investing” for “Arranging and conducting special events for business purposes; Organizing, promoting and conducting exhibitions, tradeshows and events for business purposes; Providing a website featuring company profiles entrepreneurs can use to attract venture capital; Special event planning for business purposes”. “Inclusive Investing” is a term of art utilized within the investment industry. The term is defined as a “market-backed investment strategy and core differentiator on how [to] seek to source, invest and scale in high growth early stage businesses focused on bridging America’s Wealth and Skills gap through investment in Financial Technology and Future of Work sectors”. Please see the applicant’s attached website and the attached document from the Canadian Center; both captured August 7, 2020. This investment strategy is designed to target underrepresented communities and to provide a bridge to opportunities. This mark therefore describes the subject matter for the special events, exhibitions, tradeshows, events, and websites regarding the same. As a result, the mark lacks the suggestive quality necessary for registration.
Option to Overcome
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
The class 036 services are based upon use. To avoid the descriptiveness refusal, the applicant has amended this class to the Supplemental Register and includes the following disclaimer.
Amended Register
The class 036 services are amended to the Supplemental Register.
Disclaimer
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use the wording “Investing” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(c), 1213.08(a)(i).
How to respond. Click to file a response to this nonfinal Office action.
/Nakia D. Henry/
Trademark Attorney (Law Office 117)
Phone: (571) 272-7208
Fax: (571) 273-7208
E-mail: nakia.henry@uspto.gov
RESPONSE GUIDANCE