ESTTA Tracking number:
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`ESTTA1436133
`
`Filing date:
`
`05/16/2025
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Ex Parte Appeal -
`Serial No.
`
`98115823
`
`Appellant
`
`Lewitt, Hackman, Shapiro, Marshall & Harlan
`
`Applied for mark
`
`JUSTICENTER
`
`Correspondence
`address
`
`Submission
`
`Attachments
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`TAL GRINBLAT
`LEWITT HACKMAN SHAPIRO MARSHALL & HARLAN
`16633 VENTURA BLVD SUITE 1100
`ENCINO, CA 91436
`UNITED STATES
`Primary email: tgrinblat@lewitthackman.com
`818-907-3284
`
`Reply brief
`
`JUSTICENTER Reply Brief.pdf(348628 bytes )
`
`Tal Grinblat
`
`tgrinblat@lewitthackman.com, arozzen@lewitthackman.com
`
`/Tal Grinblat/
`
`05/16/2025
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEARL BOARD
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` )
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` )
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`
`
`In re Application of
`Lewitt, Hackman, Shapiro, Marshall & Harlan )
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` )
`Mark: JUSTICENTER
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`Serial Number: 98/115,823
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`Filed: August 3, 2023
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`International Class 45
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`Examining Attorney: Robin Womeodu
`
`Law Office: 120
`
`
`
`APPLICANT’S REPLY BRIEF
`
`

`

`INTRODUCTION
`Applicant respectfully submits this Reply Brief in response to the Examining Attorney’s
`Appeal Brief filed on April 29, 2025. Applicant seeks registration of the mark “JUSTICENTER”
`(the “Mark”) for the following services:
`International Class 045: Attorney services; Attorney services, namely, representation of
`clients in personal injury matters; Legal services.
`Applicant is appealing the Examining Attorney’s final refusal that “JUSTICENTER” is
`merely descriptive.
`
`SUMMARY OF PROCEEDINGS
`Applicant instituted this Appeal on January 8, 2025 in response to the Examining
`Attorney’s refusal to register JUSTICENTER as a trademark for attorney and legal services.
`Registration was refused under Section 2(e)(1) of the Trademark Act on the grounds that the
`mark was merely descriptive of Applicant’s services. Applicant filed its Appeal Brief on March
`6, 2028. The Examining Attorney filed her Brief on April 29, 2025. Applicant now files its
`timely Reply Brief and respectfully requests that the Mark be approved for publication.
`ARGUMENT
`The Examining Attorney has the burden to establish that the mark is merely descriptive.
`In re Bayer Aktiengesellschaft, 488 F.3d 960, 964, 82 U.S.P.Q.2D (BNA) 1828, 1831 (Fed. Cir.
`2007). A mark is merely descriptive if it immediately conveys to one seeing or hearing it
`knowledge of the ingredients, qualities, or characteristics of the goods or services with which it
`is used. A mark is suggestive if imagination, thought or perception is required to reach a
`conclusion on the nature of the goods or services. In re Quick-Print Copy Shops, Inc., 616 F.2d
`523, 525, 205 U.S.P.Q. (BNA) 505, 507 (CCPA 1980) (emphasis added). “If the mental leap
`between the word and the product’s attribute is not almost instantaneous, this strongly indicates
`suggestiveness, not direct descriptiveness.” Nautilus Group, Inc. v. Icon Health & Fitness, Inc.,
`372 F.3d 1330, 1340, 71 U.S.P.Q.2D (BNA) 1173, 1181 (Fed. Cir. 2004).
`
`2
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`

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`Contrary to the Examining Attorney’s argument, the Mark, “JUSTICENTER” requires
`imagination and thought to reach a determination on Applicant’s services. “JUSTICENTER”
`does not directly describe attorney services or representation of clients in personal injury
`matters.1 The word, JUSTICENTER, as a telescoped mark has no meaning in and of itself. This
`is proven by the lack of dictionary definitions. See Exhibit “A” showing no definitions for
`JUSTICENTER. Even were the mark dissected into two words (which is not the case), the term
`JUSTICENTER at most, would suggest a place where justice can be sought. But even that
`suggestion is too vague to convey the nature of Applicant’s services to consumers. Despite the
`Examining Attorney’s narrow view of the term “justice,” because the word “justice” has broad
`meaning that is not necessarily connected with legal services, let alone personal injury legal
`services, a consumer would have to use significant imagination to conclude that
`“JUSTICENTER” is a place where they can go to be represented in personal injury matters.
`Even a mark that requires only a small amount of imagination is registrable. Stonefire Grill, Inc.
`v. FGF Brands, Inc., 987 F.Supp.2d 1023, 1048 (C.D. Cal. 2013).
`The Examining Attorney’s Appeal Brief lists other organizations that use the terms
`“justice” and “center.” It is noted that none of the organizations the Examining Attorney
`identified use the term as a telescoped mark; rather all references provided by the Examining
`Attorney show JUSTICE and CENTER used separately and in conjunction with other terms.
`Further, none of the identified organizations included personal injury law firms. Rather, the
`Examining Attorney’s references show that “justice center” as two words are used by
`institutions, mainly non-profit, that provide services for the public benefit such as housing,
`healthcare and immigration, etc. As such, the mark “JUSTICENTER” fails to provide the
`average consumer direct information about the qualities or characteristics of Applicant’s services
`without the consumer having to perform extra steps to make a “mental leap of imagination” to
`
`1 Despite the broader identification of services, Applicant provides personal injury legal services
`in connection with the mark, and its briefs have focused specifically on that service. As such, the
`question should be whether as applied to personal injury legal services the mark is merely
`descriptive. See Minnesota Mining & Mfg. Co. v. Johnson & Johnson, 454 F.2d 1179, 1179, 59
`C.C.P.A. 971, 972 (CCPA. 1972).
`
`3
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`

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`determine what the services could be. The Examining Attorney also erroneously claims that there
`is a competitive need for the use of JUSTICE CENTER. However, given that none of the
`organizations cited by the Examining Attorney are competitors of Applicant, none are for-proft
`law firms, and none appear to offer personal injury services, the Examining Attorney’s position
`is untenable.
`Finally, “JUSTICENTER” is a telescoped mark similar to others that have been permitted
`to register. The Examining Attorney states that the registered marks, JUSTICEWORKS,
`JUSTICEHOME, and JUSTICEAPP, each contain non-descriptive wording that allows the
`marks to be registerable. In the same vein, “JUSTICENTER” contains non-descriptive wording
`that should permit the Mark to register. JUSTICEWORKS is not descriptive of life skills training
`for dependent youth, JUSTICEHOME is not descriptive of health and wellness services for
`women facing incarceration, JUSTICEAPP is not descriptive of a downloadable application that
`provides legal assistance, and JUSTICENETER is not descriptive of a legal practice that
`provides services in personal injury matters. While not conclusive, the similarly formatted
`registrations are evidence which may be considered when determining the distinctiveness of a
`mark. Clinton Detergent Co. v. P&G, 302 F.2d 745, 747, 133 U.S.P.Q. (BNA) 520, 522 (CCPA
`1962).
`
`CONCLUSION
`For the foregoing reasons, Applicant respectfully submits that the Mark is not merely
`descriptive and entitled to registration on the Principal Register.
`Reversal of the Examining Attorney’s decision, therefore, is respectfully requested.
`
`
`Dated: May 15, 2025
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`
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`Respectfully submitted,
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`4
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`Tal Grinblat
`Tal Grinblat
`Attorney for Applicant
`California State Bar Member #192842
`
`
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`

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`EXHIBIT A
`EXHIBIT A
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`5
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`

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`Page 1
`Justicenter - Definition and More from the Free Merriam-Webster Dictionary
`https: / /www.merriam-webster.com/dictionary /justicenter
`
`bitaatirla amsey
`
`justicenter
`
`Kj Games WordoftheDay Grammar Wordplay
`
`Slang
`
`Rhymes More ./
`
`Everything You Need for a Stress-Free Move Precision Moving Storage
`below ortry again using the search bar above.
`
`“justicenter”
`
`The word you've enteredisn't in the dictionary. Click on a spelling suggestion
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`Dictionary
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`justicer
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`multicentered
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`justiceweeds
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`acoustic center
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`Thesaurus
`
`justice
`
`justifier
`
`silenter
`
`epicenter
`
`justest
`
`stinter
`
`supercenters
`
`absenter
`
`justices
`
`patienter
`
`supercenter
`
`ancienter
`
`Captured by FireShot Pro: 15 May 2025, 09:24:15
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`
`ia
`MINI Of Universal City
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`Page 2
`Justicenter - Definition and More from the Free Merriam-Webster Dictionary
`https: / /www.merriam-webster.com/dictionary/justicenter
`
`Rachel seemed to be
`in every endeavor she
`started.
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`;
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`IG
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`

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`Page 3
`Justicenter - Definition and More from the Free Merriam-Webster Dictionary
`https: / /www.merriam-webster.com/dictionary/justicenter
`
`
`
`Captured by FireShot Pro: 15 May 2025, 09:24:15
`https:/ /getfireshot.com
`
`