To: | Dan Lok Education, Inc. (Alichy@lichylaw.com) |
Subject: | U.S. Trademark Application Serial No. 90129048 - THE DRAGON 100 PATH - 108 |
Sent: | June 03, 2021 03:45:11 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90129048
Mark: THE DRAGON 100 PATH
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Correspondence Address:
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Applicant: Dan Lok Education, Inc.
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Reference/Docket No. 108
Correspondence Email Address: |
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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: June 03, 2021
This letter responds to the incoming response dated May 3, 2021.
The examining attorney is issuing this non-final Office action due to the following issue that must be addressed
SEARCH OF OFFICE’S DATABASE OF MARKS
The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
However, applicant must address the following issue(s).
Advisory concerning potential refusal for FAILURE TO FUNCTION AS A TRADEMARK
Not every designation that appears on a product or its packaging functions as a trademark, even though it may have been adopted with the intent to do so. See In re Peace Love World Live, LLC, 127 USPQ2d 1400, 1404 (TTAB 2018) (citing In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993)). A designation can only be registered when purchasers would be likely to regard it as a source-indicator for the goods. See In re Manco, Inc., 24 USPQ2d 1938, 1941 (TTAB 1992) (citing In re Remington Prods. Inc., 3 USPQ2d 1714, 1715 (TTAB 1987)); TMEP §1202.
In this case, the mark comprises the wording THE DRAGON 100 PATH above a complex chart including a bar graph and various other information that is descriptive of the philosophy of the applicant that will be contained the intended goods and services. The relevant goods of the applicant comprise downloadable video recordings and printed educational books. The use of the proposed mark on the goods may not be perceived as a source-identifying mark due to the complex and intricate nature of the information contained in the chart and since consumers will recognize the chart as the system or philosophy of the applicant rather than a source-identifying mark.
Description of the mark incomplete
The following description is suggested, if accurate: The mark consists of the phrase THE DRAGON 100 PATH above a chart comprising a bar graph that has the following vertical labels on the left: $100M+, $30M to $100M, $10M to $30M, $1M to $3M, $300K to $1M, $100K to $300K, $40K to $100K, and 0 to $40K; and the following horizontal labels underneath the bar chart: DREAMER, FOUNDER, TECHNICIAN, MARKETER, OPERATOR, LEADER, MANAGER, INNOVATOR, and ACQUIRER. Underneath the bar graph appears another chart with the horizontal labels on top comprising the same terms as the bottom of the horizontal bar graph labels, and the vertical labels to the left consist of the terms PRIMARY QUESTION, BREAKTHROUGH QUESTION, PROBLEM, and OPPORTUNITY. Inside the lower chart and underneath the horizontal bar graph labels appear the wording HOW DO I GET STARTED?, HOW CAN I SURVIVE?, WHAT DO I NEED TO DO TODAY?, HOW AM I GOING TO INCREASE SALES?, HOW CAN I GET MORE DONE?, WHERE ARE THE GOOD PEOPLE?, HOW CAN I HOLD MY TEAM ACCOUNTABLE?, HOW DO I EMPOWER MY LEADERSHIP TEAM?, and WHAT SHOULD I INVEST IN? from left to right on the first row. The second row of the lower chart contains the wording WHERE’S THE BLUE OCEAN?, WHO CAN BE MY MENTOR?, HOW DO I MAKE THAT FIRST PROFITABLE SALE?, HOW CAN I SELL MORE TO OUR EXISTING CUSTOMERS?, HOW DO I APPLY PROCESS AND STRUCTURE?, HOW CAN I CREATE AN ENVIRONMENT SO THAT GOOD PEOPLE WILL JOIN OUR TEAM?, HOW CAN I CREATE MORE LEADERS?, HOW CAN I STAY IN MY ZONE OF entrepreneurial GENIUS?, and WHAT’S MY LEGACY? from left to right. The third row contains the wording LACK OF DIRECTION, LACK OF CAPITAL, LACK OF LEADS, LACK OF BACKEND, LACK OF TEAM, LACK OF LEADERSHIP, LACK OF TRANSPARENCY, LACK OF SUSTAINABILITY, and LACK OF DIVERSITY from left to right. The fourth row contains the wording GOT NOTHING TO LOSE, FAIL FAST AND PIVOT FASTER, BUILDING A LOYAL GROUP OF CUSTOMERS, OFFER ADDITIONAL PROFITABLE PRODUCTS AND SERVICES, ATTRACTING COMPETENT PEOPLE WHO SHARE YOUR VISION, DELEGATING TO FREE UP YOUR TIME, HIRING PEOPLE SMARTER THAN YOU, HIRING A CEO OR COO TO RUN THE BUSINESS, and CONVERTING PROFITS INTO INVESTMENTS from left to right. At the bottom of the chart appears the wording DRAGON IN THE MAKING, RED DRAGON, BLACK DRAGON, and DRAGON X from left to right underneath circular dots and vertical lines which appear at intervals equal to roughly two bars on the graph.
How to respond. Click to file a response to this nonfinal Office action.
/Sung In/
Sung In
Trademark Examining Attorney
Law Office 103
Phone: (571) 272-9097
Fax: (571) 272-9103
Email: sung.in@uspto.gov
RESPONSE GUIDANCE