LANGMO, BERNARD DON
Employment hiring, recruiting, placement, staffing and career networking services
United States Patent and Trademark Office (USPTO)
Office Action Response
Outgoing Trademark Office Action
Trademark Office Action Response
August 29, 2007
SERIAL NUMBER: 77/080618
LAW OFFICE ASSIGNED: Karen Bracey, Examining Attorney, Law Office 116
MARK SECTION: (no change)
ARGUMENTS:
APPLICATION AMENDMENT AND
REQUEST FOR RECONSIDERATION
In an Office action dated May 2, 2007, Examining Attorney Karen Bracey issued a refusal
to register Applicants mark for HEALTHCARE SCOUTS (Applicants Mark), based on the
following conclusions:
1. The proposed mark merely describes a function, purpose or use of applicants goods
and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. Sec. 1052(e)(1), TMEP Secs.
1209 et. seq.; and
2. An entire mark may not be disclaimed. 15 U.S.C. Sec. 1056(a); if the applied-for mark is
not registrable as a whole, a disclaimer will not make it registrable. TMPEP Sec.
1213.06.
Applicant hereby submits the following amendments to its application:
1. Applicant amends the disclaimer scope in its Intent to use Sec. 101(b) (15 U.S.C. Sec.
1051(b)) application to exclude the term SCOUT from the disclaimer; and
2. Applicant has ammended its intent to use application to allege use under Sec. 101(c) ((15
U.S.C. Sec. 1051(c)) and has provided proper evidence of use and appropriate application
fee through the TEAS system.
Page 1 of 8
In addition, Applicant requests reconsideration by Examining Attorney and provides herein
the following arguments in support of a finding that the mark is registrable:
1. Examining Attorney has failed to establish the descriptiveness of Applicants mark.
2. The combined use and meaning of the words HEALTHCARE and SCOUTS
make the mark suggestive in the healthcare industry.
In the alternative, if the mark is found non-registrable for being merely descriptive,
Applicant requests registration of the mark in the Supplemental Register consistent with 15
U.S.C. Sec. 1091(a).
Discussion
1. The Examining Attorney has Failed to Establish the Descriptiveness of Applicants Mark
It is well settled that the Examining Attorney bears the burden of showing that a mark is
merely descriptive of the relevant goods or services. In re Merrill, Lynch, Pierce, Fenner, and
Smith Inc., 828 F.2d 1567 (Fed. Cir. 1987). In the instant application, Applicant respectfully
urges that the Examining Attorney has not met this burden. While Applicant concedes that the
term HEALTHCARE is a descriptive term defined as the prevention, treatmet, and
management of illness and the preservation of mental and physical well-being through the
services offered by the medical and allied health professons,1 Applicants own research clearly
establishes that the term SCOUT is not in common use in the healtchare industry for
employment hiring, recruiting, placement, staffing and career networking services, and its
definition is not limited to the one provided by Examining Attorney, but also includes and
expands into other meanings used by Applicant in the selection of the term SCOUT as a
suggestive term for its mark. Therefore, the term SCOUT is not merely descriptive,
1
The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by by Houghton Mifflin
Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in
accordance with the Copyright Law of the United States. All rights reserved.
Page 2 of 8
particularly in the healthcare industry, and the mark HEALTHCARE SCOUTS is thus a
suggestive mark, registrable in the Principal Register.
A. Examining Attorneys Evidence
The Examining Attorneys initial evidence of the marks descriptiveness is the definition
of HEALTHCARE, as provided in the section above, which the Applicant agrees is a
descriptive term as used in Applicants mark. In addition, Examining Attorney provides a
definition of the term SCOUT as One who is employed to discover and recuit talented
persons, especially in the field of sports and entertainment.2 This definition highlights the
industries where the term SCOUT is used as sports and entertainment, and therefore, this
definition reveals that the term SCOUT is not commonly used in the healthcare industry within
the meaning of talent recruitment.
B. Applicants Research of the term SCOUT
Applicants own research into the use of the term SCOUT via the Internet GOOGLE
search engine and covering hundreds of millions of websites, shows that the term SCOUT is
used, almost absolutely, in the sports and entertainment industries and is not commonly used in
the healthcare industry. In addition, the Internet GOOGLE research reveals that the term
SCOUT is vastly used in association with the BOY SCOUT and GIRL SCOUT
movements. Further, additional dictionary definitions for the term SCOUT include actions of
information gathering, evaluation and monitoring, and point to the use of the term in
reconaissance functions, showing that there is no one particular meaning to the term.
Specifically, out of a search of all sites available on the GOOGLE Internet search engine,
there are no current, common or descriptive uses of the phrase SCOUT as a common
2
The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin
Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in
accordance with the Copyright Law of the United States. All rights reserved.
Page 3 of 8
descriptor for staffing services in the healtcare industry. Research using the GOOGLE Search
Engine revealed that the term SCOUT is mostly focused on sports and entertainment, and did
not reveal its common use in the healthcare industry.3 In addition, according to Wikipedia, an
Internet-based encyclopedia which integrates market and industry-provided information,
Professional sports scouts are trained talent evaluators who ..[watch] athletes play their chosen
sports and determin[e] whether their set of skills and talents represent what is needed by the
scout’s organization Many scouts are former coaches or retired players Skilled scouts who
help to determine which players will fit in well with an organization can be the major difference
between success and failure for the team with regard to wins and losses, which often relates
directly to the organization’s financial success or lack thereof as well.4 Further, a search using
the term SPORTS SCOUT yielded insight into the frequency, meaning and use of the term
SCOUT in the sports industry.5
In the entertainment talent industry, the term SCOUT is used in a similar fashion, along
with the word TALENT in order to identify outstanding performers that can be considered
stars in the industry.6
The above findings support a specific use of the term SCOUT in the sports and
entertainment industries which denotes a higher standard in talent recruiting, and elevates
the need for subject matter expertise and process necessary to identify and qualify unique
individuals who possess the highest skillset within the sports and entertainment industries,
differentiating the use of the term SCOUT for specific use, as defined, in these industries.
3
See Exhibit A for results of the term SCOUT using the GOOGLE Internet search engine
4
See http://en.wikipedia.org/wiki/Scout_(sport)
5
See Exhibit B for results of the term SPORTS SCOUT using the GOOGLE Internet search engine
6
See Exhibit C for results of the term TALENT SCOUT using the GOOGLE Internet search engine
Page 4 of 8
In addition, an Internet GOOGLE search of the terms SCOUT and SCOUTS reveals
that the term also appears frequently in relation to the BOY SCOUT and GIRL SCOUT
movements,7 which are known for instilling high morals and values on participants, including,
but not limited to, trustworthiness, loyalty, and courtesy.8
Further, an additional dictionary inquiry into the dictionary definitions of the term
SCOUT reveals meanings consistent with information gathering, evaluation and monitoring,
and point to the use of the term in reconaissance functions. (The act of reconnoitering. A
watcher or sentinel. 9)
II. Applicants Research Supports that the Combined Words HEALTHCARE SCOUTS are
Suggestive, and not Merely Descriptive
It is well-established that a mark is merely descriptive only if it immediately conveys
knowledge of the qualities or characteristics of the goods or services; a mark is suggestive rather
than merely descriptive if one must exercise mature thought or use imagination or perception in
order to reach a conclusion as to the nature of the goods. J.S. Paluch Co., Inc. v. Irwin, 215
USPQ 533, 536 (TTAB 1982); In re Tennis in the Round, Inc., 199 USPQ 496 (TTAB 1978).
In addition, it is well-established that the determination of mere descriptiveness must be
made not in the abstract or on the basis of guesswork, but in relation to the goods or services for
which registration is sought, the context in which the term or phrase is being used on or in
connection with the goods or services, and the impact that it is likely to have on the average
purchaser of such goods or services. In re Smart Belt Corp. of America, 2002 TTAB LEXIS
213 (TTAB 2002), citing, In re Gyulay, 820 F. 2d 1216 (Fed. Cir. 1987).
7
See Exhibit A for results of the term SCOUT using the GOOGLE Internet search engine; and See Exhibit D for
results of the term SCOUTS using the GOOGLE Internet search engine
8
See www.scouting.org
9
The American Heritage® Dictionary of the English Language, 4th ed. Boston: Houghton Mifflin, 2000.
www.bartleby.com/61/.
Page 5 of 8
Applicants mark is a suggestive mark–it takes multi-step reasoning to ascertain
the type of services that are being offered by Applicant. Specifically, the average purchaser of
services would have to exercise mature thought or use imagination or perception in order to
reach a conclusion as to the nature of the services offered by Applicant. This is because the
mark HEALTHCARE SCOUTS does not immediately convey to the purchaser the message
that the services offered are necessarily recruiting services in the healthcare industry. For
example, applying the plain dictionary meaning of SCOUT consistent with information
gathering, evaluation and monitoring, which points to the use of the term SCOUT in
reconaissance functions (The act of reconnoitering. A watcher or sentinel. 10) in conjunction
with the definition of HEALTHCARE provided by Attorney Examiner, an average purchaser
could likely interpret the HEALTHCARE SCOUTS mark as representing services offered to
help the purchaser identify sources of healthcare insurance, or even services to help the
purchaser identify specific types of health service providers, services not offered by Applicant.
It is not evident, without additional information, that an average purchaser would infer the actual
provision of employment hiring, recruiting, placement, staging and career networking services
offered by Applicant. Applicants evidence clearly establishes this, and it is clear that the words
themselves do not impart only one possible meaning. The combination of terms into a composite
mark attributing a non-specific meaning to the mark dictates that Applicants Mark cannot be
deemed merely descriptive. Henry Siegel Co. v. M & R Intl Mfg. Co., 4 U.S.P.Q.2d 1154, 1159
(TTAB 1987). It will be up to the consumer to consider what Applicants services might be or
what functions the services might fulfill. As such, it is clear that the mark functions as a
10
The American Heritage® Dictionary of the English Language, 4th ed. Boston: Houghton Mifflin, 2000.
www.bartleby.com/61/.
Page 6 of 8
suggestive mark one must exercise mature thought or use imagination or perception in order to
reach a conclusion as to the nature of the goods.
Once a purchaser realizes through Applicants marketing materials that HEALTHCARE
SCOUTS provides recruiting services, the term SCOUT again becomes suggestive of the
highest standards used in the sports and entertainment industry being translated into the
healthcare industry. This enhanced suggestive effect is critical in Applicants marketing
strategy. Therefore, the evidence clearly supports a finding that the mark is suggestive and not
merely descriptive, as Attorney Examiner represents, and, thus, it is registrable in the Principal
Register.
Conclusion
In conclusion, consistent with Applicants research and the definition of the term
SCOUT provided by Examining Attorney, Applicant does not use the term SCOUT solely to
identify the common function of employee recruiting such that the term is merely desctiptive.
Instead, Applicant uses the multiple meanings of the term SCOUT, including the terms use in
trade and course of dealing in sports and entertainment industries, to suggest that Applicant is a
company that raises the recruiting standard in the healthcare industry by finding and qualifying
the stars of the healthcare industry, much like the practice in sports and entertainment. In
addition, because an average purchaser of Applicants services will not be able to immediately
identify HEALTHCARE SCOUTS with recruiting services of the nature offered by
Applicants, but could also infer services to assist purchaser in the location of healtchare
insurance or providers, a service not offered by Applicant, the average purchaser would have to
exercise mature thought or use imagination or perception in order to reach a conclusion as to the
nature of the services offered by Applicant. The above evidence supports a finding that the mark
Page 7 of 8
is suggestive as to the services offered by Applicant, and not merely descriptive, as stated by
Examining Attorney.
III. In the Alternative, Applicant Requests the mark be registered in the Supplemental Register
All marks capable of distinguishing applicants goods or services and not registrable on
the principal register provided in this chapter, except those declared to be unregistrable under
subsections (a), (b), (c), (d), and (e)(3) of section 1052 of this title, which are in lawful use in
commerce by the owner thereof, on or in connection with any goods or services may be
registered on the supplemental register upon the payment of the prescribed fee and compliance
with the provisions of subsections (a) and (e) of section 1051 of this title so far as they are
applicable. 15 U.S.C. Sec. 1091(a).
If the evidence provided herein does not persuade Examining Attorney, and the
Examining Attorney finds that the mark HEALTHCARE SCOUTS is merely descriptive and
therefore, not registrable in the Principal Register, Applicant respectfully requests that, in the
alternative, the mark be registered in the Supplemental register, consistent with 15 U.S.C. Sec.
1091(a). Applicant is already using the mark in Commerce and has submitted an amendment to
allege use as described in this document. Applicant is also willing to provide appropriate
payment to satisfy the prescribed fee required for Supplemental Register registration.
Very Truly Yours,
S/ Yasmín Tirado-Chiodini/
Yasmín Tirado-Chiodini, Esq.
Tirado-Chiodini, PL
PO Box 622249, Oviedo, FL 32762
Tel. (407) 977-7366; Fax. (407) 977-5528
E-mail: [email protected]
Page 8 of 8
August 29, 2007
SERIAL NUMBER: 77/080618
LAW OFFICE ASSIGNED: Karen Bracey, Examining Attorney, Law Office 116
MARK SECTION: (no change)
ARGUMENTS:
APPLICATION AMENDMENT AND
REQUEST FOR RECONSIDERATION
In an Office action dated May 2, 2007, Examining Attorney Karen Bracey issued a refusal
to register Applicants mark for HEALTHCARE SCOUTS (Applicants Mark), based on the
following conclusions:
1. The proposed mark merely describes a function, purpose or use of applicants goods
and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. Sec. 1052(e)(1), TMEP Secs.
1209 et. seq.; and
2. An entire mark may not be disclaimed. 15 U.S.C. Sec. 1056(a); if the applied-for mark is
not registrable as a whole, a disclaimer will not make it registrable. TMPEP Sec.
1213.06.
Applicant hereby submits the following amendments to its application:
1. Applicant amends the disclaimer scope in its Intent to use Sec. 101(b) (15 U.S.C. Sec.
1051(b)) application to exclude the term SCOUT from the disclaimer; and
2. Applicant has ammended its intent to use application to allege use under Sec. 101(c) ((15
U.S.C. Sec. 1051(c)) and has provided proper evidence of use and appropriate application
fee through the TEAS system.
Page 1 of 8
In addition, Applicant requests reconsideration by Examining Attorney and provides herein
the following arguments in support of a finding that the mark is registrable:
1. Examining Attorney has failed to establish the descriptiveness of Applicants mark.
2. The combined use and meaning of the words HEALTHCARE and SCOUTS
make the mark suggestive in the healthcare industry.
In the alternative, if the mark is found non-registrable for being merely descriptive,
Applicant requests registration of the mark in the Supplemental Register consistent with 15
U.S.C. Sec. 1091(a).
Discussion
1. The Examining Attorney has Failed to Establish the Descriptiveness of Applicants Mark
It is well settled that the Examining Attorney bears the burden of showing that a mark is
merely descriptive of the relevant goods or services. In re Merrill, Lynch, Pierce, Fenner, and
Smith Inc., 828 F.2d 1567 (Fed. Cir. 1987). In the instant application, Applicant respectfully
urges that the Examining Attorney has not met this burden. While Applicant concedes that the
term HEALTHCARE is a descriptive term defined as the prevention, treatmet, and
management of illness and the preservation of mental and physical well-being through the
services offered by the medical and allied health professons,1 Applicants own research clearly
establishes that the term SCOUT is not in common use in the healtchare industry for
employment hiring, recruiting, placement, staffing and career networking services, and its
definition is not limited to the one provided by Examining Attorney, but also includes and
expands into other meanings used by Applicant in the selection of the term SCOUT as a
suggestive term for its mark. Therefore, the term SCOUT is not merely descriptive,
1
The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by by Houghton Mifflin
Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in
accordance with the Copyright Law of the United States. All rights reserved.
Page 2 of 8
particularly in the healthcare industry, and the mark HEALTHCARE SCOUTS is thus a
suggestive mark, registrable in the Principal Register.
A. Examining Attorneys Evidence
The Examining Attorneys initial evidence of the marks descriptiveness is the definition
of HEALTHCARE, as provided in the section above, which the Applicant agrees is a
descriptive term as used in Applicants mark. In addition, Examining Attorney provides a
definition of the term SCOUT as One who is employed to discover and recuit talented
persons, especially in the field of sports and entertainment.2 This definition highlights the
industries where the term SCOUT is used as sports and entertainment, and therefore, this
definition reveals that the term SCOUT is not commonly used in the healthcare industry within
the meaning of talent recruitment.
B. Applicants Research of the term SCOUT
Applicants own research into the use of the term SCOUT via the Internet GOOGLE
search engine and covering hundreds of millions of websites, shows that the term SCOUT is
used, almost absolutely, in the sports and entertainment industries and is not commonly used in
the healthcare industry. In addition, the Internet GOOGLE research reveals that the term
SCOUT is vastly used in association with the BOY SCOUT and GIRL SCOUT
movements. Further, additional dictionary definitions for the term SCOUT include actions of
information gathering, evaluation and monitoring, and point to the use of the term in
reconaissance functions, showing that there is no one particular meaning to the term.
Specifically, out of a search of all sites available on the GOOGLE Internet search engine,
there are no current, common or descriptive uses of the phrase SCOUT as a common
2
The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin
Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in
accordance with the Copyright Law of the United States. All rights reserved.
Page 3 of 8
descriptor for staffing services in the healtcare industry. Research using the GOOGLE Search
Engine revealed that the term SCOUT is mostly focused on sports and entertainment, and did
not reveal its common use in the healthcare industry.3 In addition, according to Wikipedia, an
Internet-based encyclopedia which integrates market and industry-provided information,
Professional sports scouts are trained talent evaluators who ..[watch] athletes play their chosen
sports and determin[e] whether their set of skills and talents represent what is needed by the
scout’s organization Many scouts are former coaches or retired players Skilled scouts who
help to determine which players will fit in well with an organization can be the major difference
between success and failure for the team with regard to wins and losses, which often relates
directly to the organization’s financial success or lack thereof as well.4 Further, a search using
the term SPORTS SCOUT yielded insight into the frequency, meaning and use of the term
SCOUT in the sports industry.5
In the entertainment talent industry, the term SCOUT is used in a similar fashion, along
with the word TALENT in order to identify outstanding performers that can be considered
stars in the industry.6
The above findings support a specific use of the term SCOUT in the sports and
entertainment industries which denotes a higher standard in talent recruiting, and elevates
the need for subject matter expertise and process necessary to identify and qualify unique
individuals who possess the highest skillset within the sports and entertainment industries,
differentiating the use of the term SCOUT for specific use, as defined, in these industries.
3
See Exhibit A for results of the term SCOUT using the GOOGLE Internet search engine
4
See http://en.wikipedia.org/wiki/Scout_(sport)
5
See Exhibit B for results of the term SPORTS SCOUT using the GOOGLE Internet search engine
6
See Exhibit C for results of the term TALENT SCOUT using the GOOGLE Internet search engine
Page 4 of 8
In addition, an Internet GOOGLE search of the terms SCOUT and SCOUTS reveals
that the term also appears frequently in relation to the BOY SCOUT and GIRL SCOUT
movements,7 which are known for instilling high morals and values on participants, including,
but not limited to, trustworthiness, loyalty, and courtesy.8
Further, an additional dictionary inquiry into the dictionary definitions of the term
SCOUT reveals meanings consistent with information gathering, evaluation and monitoring,
and point to the use of the term in reconaissance functions. (The act of reconnoitering. A
watcher or sentinel. 9)
II. Applicants Research Supports that the Combined Words HEALTHCARE SCOUTS are
Suggestive, and not Merely Descriptive
It is well-established that a mark is merely descriptive only if it immediately conveys
knowledge of the qualities or characteristics of the goods or services; a mark is suggestive rather
than merely descriptive if one must exercise mature thought or use imagination or perception in
order to reach a conclusion as to the nature of the goods. J.S. Paluch Co., Inc. v. Irwin, 215
USPQ 533, 536 (TTAB 1982); In re Tennis in the Round, Inc., 199 USPQ 496 (TTAB 1978).
In addition, it is well-established that the determination of mere descriptiveness must be
made not in the abstract or on the basis of guesswork, but in relation to the goods or services for
which registration is sought, the context in which the term or phrase is being used on or in
connection with the goods or services, and the impact that it is likely to have on the average
purchaser of such goods or services. In re Smart Belt Corp. of America, 2002 TTAB LEXIS
213 (TTAB 2002), citing, In re Gyulay, 820 F. 2d 1216 (Fed. Cir. 1987).
7
See Exhibit A for results of the term SCOUT using the GOOGLE Internet search engine; and See Exhibit D for
results of the term SCOUTS using the GOOGLE Internet search engine
8
See www.scouting.org
9
The American Heritage® Dictionary of the English Language, 4th ed. Boston: Houghton Mifflin, 2000.
www.bartleby.com/61/.
Page 5 of 8
Applicants mark is a suggestive mark–it takes multi-step reasoning to ascertain
the type of services that are being offered by Applicant. Specifically, the average purchaser of
services would have to exercise mature thought or use imagination or perception in order to
reach a conclusion as to the nature of the services offered by Applicant. This is because the
mark HEALTHCARE SCOUTS does not immediately convey to the purchaser the message
that the services offered are necessarily recruiting services in the healthcare industry. For
example, applying the plain dictionary meaning of SCOUT consistent with information
gathering, evaluation and monitoring, which points to the use of the term SCOUT in
reconaissance functions (The act of reconnoitering. A watcher or sentinel. 10) in conjunction
with the definition of HEALTHCARE provided by Attorney Examiner, an average purchaser
could likely interpret the HEALTHCARE SCOUTS mark as representing services offered to
help the purchaser identify sources of healthcare insurance, or even services to help the
purchaser identify specific types of health service providers, services not offered by Applicant.
It is not evident, without additional information, that an average purchaser would infer the actual
provision of employment hiring, recruiting, placement, staging and career networking services
offered by Applicant. Applicants evidence clearly establishes this, and it is clear that the words
themselves do not impart only one possible meaning. The combination of terms into a composite
mark attributing a non-specific meaning to the mark dictates that Applicants Mark cannot be
deemed merely descriptive. Henry Siegel Co. v. M & R Intl Mfg. Co., 4 U.S.P.Q.2d 1154, 1159
(TTAB 1987). It will be up to the consumer to consider what Applicants services might be or
what functions the services might fulfill. As such, it is clear that the mark functions as a
10
The American Heritage® Dictionary of the English Language, 4th ed. Boston: Houghton Mifflin, 2000.
www.bartleby.com/61/.
Page 6 of 8
suggestive mark one must exercise mature thought or use imagination or perception in order to
reach a conclusion as to the nature of the goods.
Once a purchaser realizes through Applicants marketing materials that HEALTHCARE
SCOUTS provides recruiting services, the term SCOUT again becomes suggestive of the
highest standards used in the sports and entertainment industry being translated into the
healthcare industry. This enhanced suggestive effect is critical in Applicants marketing
strategy. Therefore, the evidence clearly supports a finding that the mark is suggestive and not
merely descriptive, as Attorney Examiner represents, and, thus, it is registrable in the Principal
Register.
Conclusion
In conclusion, consistent with Applicants research and the definition of the term
SCOUT provided by Examining Attorney, Applicant does not use the term SCOUT solely to
identify the common function of employee recruiting such that the term is merely desctiptive.
Instead, Applicant uses the multiple meanings of the term SCOUT, including the terms use in
trade and course of dealing in sports and entertainment industries, to suggest that Applicant is a
company that raises the recruiting standard in the healthcare industry by finding and qualifying
the stars of the healthcare industry, much like the practice in sports and entertainment. In
addition, because an average purchaser of Applicants services will not be able to immediately
identify HEALTHCARE SCOUTS with recruiting services of the nature offered by
Applicants, but could also infer services to assist purchaser in the location of healtchare
insurance or providers, a service not offered by Applicant, the average purchaser would have to
exercise mature thought or use imagination or perception in order to reach a conclusion as to the
nature of the services offered by Applicant. The above evidence supports a finding that the mark
Page 7 of 8
is suggestive as to the services offered by Applicant, and not merely descriptive, as stated by
Examining Attorney.
III. In the Alternative, Applicant Requests the mark be registered in the Supplemental Register
All marks capable of distinguishing applicants goods or services and not registrable on
the principal register provided in this chapter, except those declared to be unregistrable under
subsections (a), (b), (c), (d), and (e)(3) of section 1052 of this title, which are in lawful use in
commerce by the owner thereof, on or in connection with any goods or services may be
registered on the supplemental register upon the payment of the prescribed fee and compliance
with the provisions of subsections (a) and (e) of section 1051 of this title so far as they are
applicable. 15 U.S.C. Sec. 1091(a).
If the evidence provided herein does not persuade Examining Attorney, and the
Examining Attorney finds that the mark HEALTHCARE SCOUTS is merely descriptive and
therefore, not registrable in the Principal Register, Applicant respectfully requests that, in the
alternative, the mark be registered in the Supplemental register, consistent with 15 U.S.C. Sec.
1091(a). Applicant is already using the mark in Commerce and has submitted an amendment to
allege use as described in this document. Applicant is also willing to provide appropriate
payment to satisfy the prescribed fee required for Supplemental Register registration.
Very Truly Yours,
S/ Yasmín Tirado-Chiodini/
Yasmín Tirado-Chiodini, Esq.
Tirado-Chiodini, PL
PO Box 622249, Oviedo, FL 32762
Tel. (407) 977-7366; Fax. (407) 977-5528
E-mail: [email protected]
Page 8 of 8