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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`      SERIAL NO:          
`           
`     APPLICANT:        
`
`Chancellor Publications, Inc.
`
`78/419810
`
`*78419810*
`
`RETURN ADDRESS: 
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Please provide in all correspondence:
`
`1.  Filing date, serial number, mark and
`    
`applicant's name.
`2.  Date of this Office Action.
`3.  Examining Attorney's name and
`     Law Office number.
`4. Your
`telephone number and e-mail
`address.
`
`    CORRESPONDENT ADDRESS:
`  Erik M. Pelton
`  Erik M. Pelton, Attorney at Law
`  PO Box 100637
`  Arlington VA 22210

`
`THE BEST IN USA HIGH SCHOOL SPORTS
`
`         MARK:      
`        CORRESPONDENT’S REFERENCE/DOCKET NO :   N/A
`     CORRESPONDENT EMAIL ADDRESS:  
`
`   
`
`OFFICE ACTION
`
`RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE
`
`ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.   
`
`Serial Number  78/419810
`
`This letter responds to applicant’s communication filed on May 10, 2005.
`
`The refusal to register the mark as merely descriptive is maintained and continued. In addition, new requirements regarding the request for
`information are also now set forth.
`
`MARK MERELY DESCRIPTIVE - CONTINUED
`The examining attorney refused registration on the Principal Register because the proposed mark merely describes the goods and/or services. 
`
`Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1); TMEP §§ 1209 et seq.  
`
`The applicant argues that the mark could have any number of meanings and that the composite mark is not necessarily descriptive because if a
`composite mark has a bizarre or incongruous meaning as applied to the goods, it created a unitary mark with unique, nondescriptive meaning. 
`The examining attorney has carefully considered the applicant’s arguments, but has found them unpersuasive.
`Applicant argues that the mark could refer to the best schools, best performances, best athletes, or best photographs. The applicant’s book could
`feature the best sports schools, best sports performances, best athletes or best sports photographs, and the mark would remain descriptive,
`regardless of which aspect of the best in USA high school sports is covered.  The mark does not have to specify which aspect, e.g, (BEST IN
`USA HIGH SCHOOL SPORTS PERFORMANCES) to be merely descriptive of the goods.  This is similar to arguing that SPORTS is not
`descriptive because it does not specify whether the sports actually covered include baseball, or lacrosse, or hockey, or polo, or tennis, or any of
`the hundreds of other sports in which people participate.  The specific sport does not have to be indicated, because SPORT is descriptive for each
`and every one of those activities. Similarly, THE BEST IN USA HIGH SCHOOL SPORTS is descriptive for whatever aspect or subset of the
`best in USA high school sports that is actually covered in the book.
`
` A
`
` term need not describe all of the purposes, functions, characteristics or features of the goods and/or services to be merely descriptive.  For the
`purpose of a Section 2(e)(1) analysis, it is sufficient that the term describe only one attribute of the goods and/or services to be found merely
`descriptive.  In re H.U.D.D.L.E., 216 USPQ 358 (TTAB 1982); In re MBAssociates, 180 USPQ 338 (TTAB 1973); TMEP §1209.01(b).
`
`The applicant’s argument that the mark is unitary because the combination of descriptive terms has a bizarre or incongruous meaning is not
`persuasive.  Consumers are accustomed to seeing the words THE BEST IN (fill in the blank) used to describe information about the best people,
`places, things, and actions with regard to some field of endeavor. See attachments from websites on the Internet showing descriptive use of this
`






`

`

`wording.  The applicant has combined the common, laudatory term with a descriptive term for field of endeavor: USA high school sports.  See
`attachments from websites on the Internet showing descriptive use of the wording USA high school sports, USA high school, and high school
`sports.  Consumers recognize that “USA high school sports” refers to high schools in the United States of America.
`
`The combination of the commonly used phrase “the best in” with a descriptive term for a particular field of endeavor in a particular geographic
`location is not bizarre or incongruous.  This type of combination is common in the market place and consumers will immediately understand that
`the phrase, as applied to applicant’s goods, means that the book features information about the best in sports people and/or places and/or things
`and/or efforts in USA high schools.
`
`The mark is merely a combination of descriptive terms.  A mark that combines descriptive terms may be registrable if the composite creates a
`unitary mark with a separate, nondescriptive meaning.  However, if each component retains its descriptive significance in relation to the goods or
`services, the combination results in a composite that is itself descriptive.  In re Tower Tech, Inc., 64 USPQ2d 1314 (TTAB 2002)
`(SMARTTOWER merely descriptive of “commercial and industrial cooling towers and accessories therefor, sold as a unit”); In re Sun
`Microsystems Inc., 59 USPQ2d 1084 (TTAB 2001) (AGENTBEANS merely descriptive of computer software for use in development and
`deployment of application programs on global computer network); In re Putman Publishing Co., 39 USPQ2d 2021 (TTAB 1996) (FOOD &
`BEVERAGE ONLINE held to be merely descriptive of news and information service for the food processing industry); In re Copytele Inc., 31
`USPQ2d 1540 (TTAB 1994) (SCREEN FAX PHONE merely descriptive of “facsimile terminals employing electrophoretic displays”); In re
`Entenmann’s Inc ., 15 USPQ2d 1750 (TTAB 1990), aff’d per curiam, 928 F.2d 411 (Fed. Cir. 1991) (OATNUT held to be merely descriptive of
`bread containing oats and hazelnuts).
`
`The refusal under Trademark Act Section 2(e)(1) is maintained and continued.
`
`Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and
`arguments in support of registration.
`
`Information Requirement
`The examining attorney requires additional information about the goods to determine whether all or part of the mark is merely descriptive as
`
`applied to the goods.  TMEP § 814.  
`
`The applicant must specify whether the series of books listed in the identification will feature information about people and/or places and /or
`things and/or activities or actions from high school sports in the United States.
`
`In all cases, the submitted factual information must make clear how the goods operate, its salient features, and its prospective customer and/or
`channel of trade.  This information is not readily available to the examining attorney, and is pertinent to the descriptiveness determination. 
`Conclusory statements from the applicant or its attorney regarding the descriptiveness standard will not be sufficient to meet this requirement for
`information.
`
`Trademark Rule 2.61(b) states "The examiner may require the applicant to furnish such information and exhibits as may be reasonably necessary
`to the proper examination of the application".  The Trademark Trial and Appeal Board has upheld a refusal of registration based on the
`applicant's failure to provide information requested under this rule.  In re Babies Beat Inc., 13 USPQ2d 1729 (TTAB 1990)(failure to submit
`
`patent information regarding configuration).  
`
`If the applicant has any questions or needs assistance responding to this Office Action, please telephone the assigned examining attorney. Thank
`you.
`
`NOTICE:  FEE CHANGE     
`
`Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be
`charged for filing a trademark application:
`
`(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or  
`
`(2)   $375 per international class if filed on paper
`
`These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application.
`If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the
`fee will be $375 per class.
`
`The new fee requirements will apply to any fees filed on or after January 31, 2005.
`







`   



`

`

`NOTICE:  TRADEMARK OPERATION RELOCATION
`
`The Trademark Operation has relocated to Alexandria, Virginia.  Effective October 4, 2004, all Trademark-related paper mail (except documents
`sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of
`trademark documents) must be sent to:
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA  22313-1451
`
`Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark
`Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html.
`
`/Melissa Shella/
`Examining Attorney
`Law Office 101
`571-272-9719
`fax 571-273-9719
`
`HOW TO RESPOND TO THIS OFFICE ACTION:
`ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to
`Office Action form (visit http://www.uspto.gov/teas/index.html and follow the instructions, but if the Office Action issued via email you
`must wait 72 hours after receipt of the Office Action to respond via TEAS).
`REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include
`the serial number, law office number and examining attorney’s name in your response.
`
`STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval
`(TARR) system at http://tarr.uspto.gov.
`
`VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at
`http://portal.uspto.gov/external/portal/tow.
`
`GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at
`http://www.uspto.gov/main/trademarks.htm
`
`FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING
`ATTORNEY SPECIFIED ABOVE.
`




`  
`  





`

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`Originally founded in 1995, eBay has
`become the world leader in the online
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`During eElay's evolution it has focused on
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`All auctions with the Bid: Auctions
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`
`The Ed
`
`-uran-:=e
`
`
`
`Home |
`
`
`
` bout I FAQ! I TEt'tTI
`
`|J
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`© Copyright 2001-2003 Net Top 20. All rights resemed.
`All othertrademaflis and copyrights are the property oftheir respective holders.
`
`

`

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`a Long Haired Men - provides grooming tips, stories, message boards, and featured galleries.
`:- BlackH airMedia. com - de dic ate d to providingm b eauty and hairstyling tip 5 to black women everywhere.
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