To:
`
`Subject:
`
`Sent:
`Sent As:
`
`JOYCE M. FERRARO(ferraro-docket@fzlz.com)
`U.S. Trademark Application Serial No. 88815506 - KPATTORNEY.COM -
`KPIN 2207569
`May 23, 2023 12:39:23 PM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`screencapture-www-google-com-search-16848593159161
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.  88815506
`
`Mark:   KPATTORNEY.COM
`
`Correspondence Address:  
`Joyce M. Ferraro
`Fross Zelnick Lehrman & Zissu, P.C.
`151 West 42nd Street, 17th Floor
`New York NY 10036 UNITED STATES
`
`Applicant:   The Law Offices of Kanner & Pintaluga, P.A.
`
`Reference/Docket No.  KPIN 2207569
`
`Correspondence Email Address:   ferraro-docket@fzlz.com
`
`
`
`
`
`
`REQUEST FOR RECONSIDERATION AFTER FINAL ACTION DENIED
`
`Issue date:   May 23, 2023
`
`Applicant’s request for reconsideration is denied.   See 37 C.F.R. §2.63(b)(3).  The trademark
`examining attorney has carefully reviewed applicant’s request and determined the request did not:  (1)
`raise a new issue, (2) resolve all the outstanding issue, (3) provide any new or compelling evidence
`with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or
`shed new light on the outstanding issue.  TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`In this case,  the applied-for mark is an Internet domain name, by use of which one can access
`applicant’s web site. See, e.g., attached webpage from Google and specimens of record. Generally,
`when a trademark, service mark is composed, in whole or in part, of a domain name, the gTLD does
`not have any source-indicating significance.TMEP 1215.02.  Instead, this designation, e.g., ".COM", is
`merely a device that every Internet site provider must use as part of its address.  TMEP
`1215.02.  Advertisements for all types of services routinely include a URL for the website of the
`advertiser, and the average person familiar with the Internet recognizes the format for a domain name
`
`

`

`and understands that a gTLD are a part of every URL. TMEP 1215.02. A mark composed of a domain
`name is registrable as a service mark only if it functions as a source identifier. The mark, as depicted on
`the specimen, must be presented in a manner that will be perceived by potential purchasers to indicate
`source and not as merely an informational indication of the domain name address used to access a
`website.  See In re Roberts , 87 USPQ2d 1474, 1479 (TTAB 2008) (finding that irestmycase did not
`function as a mark for legal services, where it is used only as part of an address by means of which one
`may reach applicant’s website, or along with applicant’s other contact information on letterhead); In re
`Eilberg, 49 USPQ2d 1955, 1957 (TTAB 1998).
`
`Here, the applied-for mark identifies applicant’s Internet domain name, "KPATTORNEY.COM".  The
`specimen submitted on May 15, 2023 is a photograph that shows the applied-for mark on a truck
`advertising the applicant's legal services.  The specimen shows the mark merely as a domain name
`displayed alongside the applicant's phone number, all of which merely provides information on how to
`contact the applicant, i.e., via phone or website.
`
`Accordingly, the following refusal made final in the Office action dated February 13, 2023 are
`maintained and continued: 
`
`
`•
`
` Sections 1, 2, 3, and 45 Refusal: Failure to Function as Service Mark
`
`
`See TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will
`be notified to resume the appeal.   See TMEP §715.04(a).  
`
`If applicant has not filed an appeal and time remains in the response period for the final Office
`action, applicant has the remainder of that time to (1) file another request for reconsideration that
`complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a
`notice of appeal to the Board.  TMEP §715.03(a)(ii)(B).
`
`
`/Shannon Keating/
`Shannon Keating
`Trademark Examining Attorney
`Law Office 126
`(571) 270-3734
`Shannon.Keating@USPTO.GOV
`
`
`
`

`

` >
`
`Images
`
`Shopping
`
`Maps
`
`Books
`
`Flights
`
`Allfilters +
`
`Tools
`
`Google
`
`kpattorney.com
`News
`Videos
`
`x
`
`r.
`
`|
`Finance
`
`About 7,040 results (0.51 seconds)
`
`Kanner & Pintaluga
`https://kpattorney.com
`
`Kanner & Pintaluga | Property Damage & Personal Injury Law ...
`Kanner& Pintaluga is an aggressive, ethical and results-driven law firm committed to
`representing accident, serious injury, and property damagevictimsin...
`
`Attorneys
`Kanner& Pintaluga have an experienced team of lawyers...
`
`Law Offices
`The experienced attorneys at Kanner & Pintaluga currently ...
`
`Contact
`If you have property damage from a severe storm or suffered from ...
`
`Boca Raton, FL
`The attorneys at Kanner & Pintaluga's Boca Ratonoffice...
`More results from kpattorney.com »
`
`People also ask
`
`Whois the ownerof Kanner and Pintaluga?
`
`Whatis PA after a lawyers name?
`
`

`

`Whatis a PA lawfirm?
`
`What does PA standfor in legal terms?
`
`v
`Feedback
`
`About kpattorney.com
`In their own words
`Kanner& Pintaluga is an
`aggressive,ethical and
`results-driven law firm
`committed to representing
`accident, seriousinjury, and
`property damage victimsin
`various states. With a team
`of nearly 100 attorneys, w...
`From kpattorney.com
`
`...>...
`
`Zz https://www.bbb.org >
`The Law Offices of
`Kanner& Pintaluga,P....
`View customerreviewsof
`The Law Offices of Kanner &
`Pintaluga, P.A.. Leave a
`review and share your
`experience with the BBB and
`The Law Offices of Kanner
`
`@ https:/im.yelp.com >» Maco.
`LAW OFFICES OF
`KANNER & PINTALU...
`29 reviewsof Law Offices of
`Kanner & Pintaluga "| was
`involved in car accidentfive
`years ago. The way they
`managethe caseis good.
`
`>
`
`1.5 et
`
`(29)
`
`More aboutkpattorney.com >
`
`Instagram
`https:/wwwiinstagram.com » kpattorney
`9!
`©
`Kanner & Pintaluga, P.A. (@kpattorney) « ...
`Nationalplaintiff firm with nearly 100 attorneys. Over$1 billion recovered on behalf of ourclients!
`Fora free consultation Call 1-800-586-5555 ; 619 posts.
`
`Linkedin
`7
`i https:/www.linkedin.com > company>kpattorney
`Kanner& Pintaluga, P.A.
`Website: http:/www.kpattorney.com. Externallink for Kanner & Pintaluga, P.A.; Industries: Law
`Practice ; Company size: 501-1,000 employees ; Headquarters: Boca...
`
`texaskpattorney.com
`https:/hwww.texaskpattorney.com
`
`Texas Personal Injury Attorney | Kanner & Pintaluga
`Personalinjury lawyer Kevin Sobel at Kanner & Pintaluga has years of experience representing
`
`

`

`people who have beeninjured due to someoneelse's negligence.
`
`https:/www floridabar org > directories » find-mbr
`® The Florida Bar
`MemberProfile — Eric Andres Pintaluga
`epintaluga@kpattorney.com. Personal Bar URL:
`https://www.floridabar.org/mybarprofile/520101. vCard: County: Palm Beach. Circuit: 15....
`
`
`
`v Twitterhttps:/Itwitter.com > kpattorney
`
`KPAttorney - Kanner & Pintaluga
`@kpattorney. Your personal, PersonalInjury Attorneys. Aggressive & effective legal
`representation. Highest standards of excellence, compassion & integrity.
`
`https:/www.zoominfo.com » kanner-pintaluga
`a ZoomInfo
`Kanner & Pintaluga - Overview, News & Competitors
`View Kanner & Pintaluga (www.kpattorney.com)location in Florida, United States , revenue,
`industry and description. Find related and similar companiesas...
`
`$
`
`Super Lawyers
`https://profiles superlawyers.com) atlanta > tawfirm
`st
`Kanner& Pintaluga, P.A. in Atlanta, Georgia
`Kanner& Pintaluga, P.A.. 201 Peachtree Street N.E.. Suite 200. Atlanta, GA 30303 Phone: 800-
`586-5555https://www.kpattorney.com ...
`
`=
`e Yelphttps://www.yelp.com > biz > law-offices-of-kanner-a.,.
`LAW OFFICES OF KANNER & PINTALUGA- 29 Reviews
`
`

`

`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on May 23, 2023 for
`U.S. Trademark Application Serial No.  88815506
`
`A USPTO examining attorney has reviewed your trademark application and issued an Office
`action.  You must respond to this Office action to avoid your application abandoning.  Follow
`the steps below.  
`
`(1)   Read the Office action.  This email is NOT the Office action.  
`
`(2)  Respond to the Office action by the deadline using the Trademark Electronic Application
`System (TEAS) or the Electronic System for Trademark Trials and Appeals (ESTTA), as
`appropriate.  Your response and/or appeal must be received by the USPTO on or before 11:59
`p.m. Eastern Time of the last day of the response deadline.  Otherwise, your application will
`be abandoned.  See the Office action itself regarding how to respond.  
`
`(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the
`application process, the status of your application, and whether there are outstanding deadlines
`to the Trademark Assistance Center (TAC).  
`
`After reading the Office action, address any question(s) regarding the specific content to the
`USPTO examining attorney identified in the Office action.  
`
`GENERAL GUIDANCE
`Check the status of your application periodically in the Trademark Status &
`•
`Document Retrieval (TSDR) database to avoid missing critical deadlines.  
`
`•
`
`•
`
`Update your correspondence email address to ensure you receive important USPTO
`notices about your application.  
`
`Beware of trademark-related scams .  Protect yourself from people and companies that
`may try to take financial advantage of you.  Private companies may call you and pretend
`to be the USPTO or may send you communications that resemble official USPTO
`documents to trick you.  We will never request your credit card number or social security
`number over the phone.  Verify the correspondence originated from us by using your
`serial number in our database, TSDR, to confirm that it appears under the “Documents”
`tab, or contact the Trademark Assistance Center.  
`
`

`

`•
`
`Hiring a U.S.-licensed attorney .   If you do not have an attorney and are not required to
`have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney
`specializing in trademark law to help guide you through the registration process.  The
`USPTO examining attorney is not your attorney and cannot give you legal advice, but
`rather works for and represents the USPTO in trademark matters.  
`
` 
`