PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER90061611
LAW OFFICE ASSIGNEDLAW OFFICE 107
MARK SECTION
MARK mark
LITERAL ELEMENT BE BETTER AT CREDIT
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
Response to Office Action Mark: BE BETTER AT CREDIT Ser. No.: 90061611 The Applicant?s attorney has considered the examining attorney?s office action and request for a disclaimer of BETTER AT CREDIT and respectfully believes that as a unitary, phrase or slogan, the TMEP, Office practice and Board decisions make clear that it should not be broken up for a disclaimer. The Applicant?s prior approved application for BE BETTER ON CREDIT, Ser. No. 87038034 was approved for the very same services and without any disclaimer due to the mark being a unitary phrase or slogan mark, which was the appropriate examination of this mark. Accordingly, the application should be approved for publication without any disclaimer. On February 6, 2012, the USPTO issued Examination Guide 1-12 and an appendix of examples concerning additional considerations to help determine whether wording in a mark forms a unitary phrase or slogan for disclaimer purposes. If a phrase or slogan is unitary, a disclaimer of unregistrable components in the phrase or slogan is not required. Prior Examination Guides have been included in the latest version of the TMEP. In TMEP Section 1213.05 (?Unitary Marks?), a mark or portion of a mark is considered "unitary" when it creates a commercial impression separate and apart from any unregistrable component and when the elements of a mark are so integrated or merged together that they cannot be regarded as separable. See In re EBS Data Processing, 212 USPQ 964, 966 (TTAB 1981) ; In re Kraft, Inc., 218 USPQ 571, 573 (TTAB 1983). The Court of Appeals for the Federal Circuit has set forth the elements of a unitary mark: A unitary mark has certain observable characteristics. Specifically, its elements are inseparable. In a unitary mark, these observable characteristics must combine to show that the mark has a distinct meaning of its own independent of the meaning of its constituent elements. In other words, a unitary mark must create a single and distinct commercial impression. Dena Corp., 950 F.2d at 1561, 21 USPQ2d at 1052. When the composite mark is unitary, no disclaimer of an element, whether descriptive, generic, or otherwise, is required. TMEP Section 1213.05(b) similarly treats ?unitary phrases? that present a fixed expression that appears as a unit that is less than a complete sentence. See MacmillanDictionary.com, search of "phrase," http://www.macmillandictionary.com/dictionary/american/phrase (Jan. 31, 2012); The American Heritage Dictionary of the English Language 1324 (4th ed. 2006); Random House Webster?s Unabridged Dictionary 1460 (2nd ed. 2001). BE BETTER AT CREDIT qualifies as unitary in the trademark sense because the whole mark coveys a composite impression that is more than the sum of its parts. Also, as applied to the identified services, the composite, unitary mark is not descriptive but merely suggestive. TMEP Section 1213.05(b)(i) (Slogans) states that ?A slogan is a type of phrase and is defined as "a brief attention- getting phrase used in advertising or promotion" and "a catch phrase used to advertise a product." Merriam- Webster.com, search of "slogan," http://www.merriam-webster.com/dictionary/slogan (Jan. 31, 2012); Webster?s New World College Dictionary (4th ed. 2010). In re The Hallicrafters Co., 153 USPQ 376 (TTAB 1967) (holding QUALITY THROUGH CRAFTSMANSHIP registrable for radio receivers and transmitters, power supplies, and antennae). See also trademark registrations for BE BETTER AT BEING BETTER, No. 5014595, registered on August 2, 2016, and NOT YOUR ORDINARY DINER, No. 3394905, registered on March 11, 2008. (Status copies of registrations attached.) As the case law, TMEP, Office practice and third party registrations demonstrate, slogans are treated as unitary matter and must not be broken up for purposes of requiring a disclaimer. The nature of the mark and supporting TMEP practice to be followed do not require a disclaimer of a unitary phrase or slogan mark, and the request for a disclaimer should be withdrawn and this application approved for publication just as the prior application Ser. No. for the same mark covering the same services was approved - i.e., without a disclaimer. Respectfully submitted, /John P. Rynkiewicz/ Attorney for Applicant, DC Bar Arnold & Porter
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILEevi_19220325420-202111151 70031052245_._Be_Better_A t_Credt_90061611_Response _11-15-2021.pdf
       CONVERTED PDF FILE(S)
       (2 pages) 		\\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0002.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0003.JPG
       ORIGINAL PDF FILEevi_19220325420-202111151 70031052245_._BE_BETTER_A T_BEING_BETTER_Reg_501459 5_Status_Copy.pdf
       CONVERTED PDF FILE(S)
       (5 pages) 		\\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0004.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0005.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0006.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0007.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0008.JPG
       ORIGINAL PDF FILEevi_19220325420-202111151 70031052245_._Not_Your_Or dinary_Diner_Status_Copy_ Reg._78837799.pdf
       CONVERTED PDF FILE(S)
       (5 pages) 		\\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0009.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0010.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0011.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0012.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\900\616\90061611\xml7\ ROA0013.JPG
DESCRIPTION OF EVIDENCE FILECopy of Response; status copies of third party registrations.
CORRESPONDENCE INFORMATION (current)
NAMEJohn P. Rynkiewicz
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEtrademarkdocketing@arnoldporter.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)cassandra.urbany@arnoldporter.com; john.rynkiewicz@arnoldporter.com; daniel.alper@arnoldporter.com
DOCKET/REFERENCE NUMBER18671/0037
CORRESPONDENCE INFORMATION (proposed)
NAMEJohn P. Rynkiewicz
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEtrademarkdocketing@arnoldporter.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)cassandra.urbany@arnoldporter.com; john.rynkiewicz@arnoldporter.com; daniel.alper@arnoldporter.com
DOCKET/REFERENCE NUMBER18671/0037
SIGNATURE SECTION
RESPONSE SIGNATURE/John P. Rynkiewicz/
SIGNATORY'S NAME John P. Rynkiewicz
SIGNATORY'S POSITION Attorney of Record, DC Bar
SIGNATORY'S PHONE NUMBER 2029426989
DATE SIGNED 11/15/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 15 17:11:21 ET 2021
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XX-
20211115171121207627-9006
1611-78195c5f3cb39ab9e8f2
d6b171d79eec76aa3f186b524
fe57d3ef5f5cc4b5be3-N/A-N
/A-20211115170031052245


PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90061611 BE BETTER AT CREDIT(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/90061611/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Response to Office Action Mark: BE BETTER AT CREDIT Ser. No.: 90061611 The Applicant?s attorney has considered the examining attorney?s office action and request for a disclaimer of BETTER AT CREDIT and respectfully believes that as a unitary, phrase or slogan, the TMEP, Office practice and Board decisions make clear that it should not be broken up for a disclaimer. The Applicant?s prior approved application for BE BETTER ON CREDIT, Ser. No. 87038034 was approved for the very same services and without any disclaimer due to the mark being a unitary phrase or slogan mark, which was the appropriate examination of this mark. Accordingly, the application should be approved for publication without any disclaimer. On February 6, 2012, the USPTO issued Examination Guide 1-12 and an appendix of examples concerning additional considerations to help determine whether wording in a mark forms a unitary phrase or slogan for disclaimer purposes. If a phrase or slogan is unitary, a disclaimer of unregistrable components in the phrase or slogan is not required. Prior Examination Guides have been included in the latest version of the TMEP. In TMEP Section 1213.05 (?Unitary Marks?), a mark or portion of a mark is considered "unitary" when it creates a commercial impression separate and apart from any unregistrable component and when the elements of a mark are so integrated or merged together that they cannot be regarded as separable. See In re EBS Data Processing, 212 USPQ 964, 966 (TTAB 1981) ; In re Kraft, Inc., 218 USPQ 571, 573 (TTAB 1983). The Court of Appeals for the Federal Circuit has set forth the elements of a unitary mark: A unitary mark has certain observable characteristics. Specifically, its elements are inseparable. In a unitary mark, these observable characteristics must combine to show that the mark has a distinct meaning of its own independent of the meaning of its constituent elements. In other words, a unitary mark must create a single and distinct commercial impression. Dena Corp., 950 F.2d at 1561, 21 USPQ2d at 1052. When the composite mark is unitary, no disclaimer of an element, whether descriptive, generic, or otherwise, is required. TMEP Section 1213.05(b) similarly treats ?unitary phrases? that present a fixed expression that appears as a unit that is less than a complete sentence. See MacmillanDictionary.com, search of "phrase," http://www.macmillandictionary.com/dictionary/american/phrase (Jan. 31, 2012); The American Heritage Dictionary of the English Language 1324 (4th ed. 2006); Random House Webster?s Unabridged Dictionary 1460 (2nd ed. 2001). BE BETTER AT CREDIT qualifies as unitary in the trademark sense because the whole mark coveys a composite impression that is more than the sum of its parts. Also, as applied to the identified services, the composite, unitary mark is not descriptive but merely suggestive. TMEP Section 1213.05(b)(i) (Slogans) states that ?A slogan is a type of phrase and is defined as "a brief attention- getting phrase used in advertising or promotion" and "a catch phrase used to advertise a product." Merriam- Webster.com, search of "slogan," http://www.merriam-webster.com/dictionary/slogan (Jan. 31, 2012); Webster?s New World College Dictionary (4th ed. 2010). In re The Hallicrafters Co., 153 USPQ 376 (TTAB 1967) (holding QUALITY THROUGH CRAFTSMANSHIP registrable for radio receivers and transmitters, power supplies, and antennae). See also trademark registrations for BE BETTER AT BEING BETTER, No. 5014595, registered on August 2, 2016, and NOT YOUR ORDINARY DINER, No. 3394905, registered on March 11, 2008. (Status copies of registrations attached.) As the case law, TMEP, Office practice and third party registrations demonstrate, slogans are treated as unitary matter and must not be broken up for purposes of requiring a disclaimer. The nature of the mark and supporting TMEP practice to be followed do not require a disclaimer of a unitary phrase or slogan mark, and the request for a disclaimer should be withdrawn and this application approved for publication just as the prior application Ser. No. for the same mark covering the same services was approved - i.e., without a disclaimer. Respectfully submitted, /John P. Rynkiewicz/ Attorney for Applicant, DC Bar Arnold & Porter

EVIDENCE
Evidence has been attached: Copy of Response; status copies of third party registrations.
Original PDF file:
evi_19220325420-202111151 70031052245_._Be_Better_A t_Credt_90061611_Response _11-15-2021.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_19220325420-202111151 70031052245_._BE_BETTER_A T_BEING_BETTER_Reg_501459 5_Status_Copy.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_19220325420-202111151 70031052245_._Not_Your_Or dinary_Diner_Status_Copy_ Reg._78837799.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

Correspondence Information (current):
      John P. Rynkiewicz
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocketing@arnoldporter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cassandra.urbany@arnoldporter.com; john.rynkiewicz@arnoldporter.com; daniel.alper@arnoldporter.com

The docket/reference number is 18671/0037.

Correspondence Information (proposed):
      John P. Rynkiewicz
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocketing@arnoldporter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cassandra.urbany@arnoldporter.com; john.rynkiewicz@arnoldporter.com; daniel.alper@arnoldporter.com

The docket/reference number is 18671/0037.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /John P. Rynkiewicz/     Date: 11/15/2021
Signatory's Name: John P. Rynkiewicz
Signatory's Position: Attorney of Record, DC Bar

Signatory's Phone Number: 2029426989 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    John P. Rynkiewicz
   ARNOLD & PORTER KAYE SCHOLER LLP
   
   601 MASSACHUSETTS AVE., NW
   WASHINGTON, District of Columbia 20001
Mailing Address:    John P. Rynkiewicz
   ARNOLD & PORTER KAYE SCHOLER LLP
   601 MASSACHUSETTS AVE., NW
   WASHINGTON, District of Columbia 20001
        
Serial Number: 90061611
Internet Transmission Date: Mon Nov 15 17:11:21 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202111151711212
07627-90061611-78195c5f3cb39ab9e8f2d6b17
1d79eec76aa3f186b524fe57d3ef5f5cc4b5be3-
N/A-N/A-20211115170031052245