To:
`Subject:
`Sent:
`Sent As:
`
`STEPHANIE S. BUNTIN(ipdocket@h2law.com)
`U.S. Trademark Application Serial No. 90521815 - - - 118681.00005
`April 08, 2024 01:23:01 PM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.  90521815
`
`Mark:  
`
`Correspondence Address:  
`Stephanie S. Buntin
`HOWARD & HOWARD ATTORNEYS PLLC
`450 WEST FOURTH STREET
`ROYAL OAK MI 48067
`UNITED STATES
`
`Applicant:   Alvadore Holdings, Inc.
`
`Reference/Docket No.  118681.00005
`
`Correspondence Email Address:   ipdocket@h2law.com
`
`
`
`
`
`
`SUBSEQUENT FINAL OFFICE ACTION
`
`Issue date:   April 8, 2024
`
`
`Trademark Trial and Appeal Board (Board) instituted and suspended appeal; remanded
`application to trademark examining attorney for review of request for reconsideration.  See
`TBMP §1204; TMEP §715.04. On January 2, 2024, applicant filed a notice of appeal to the Board and
`a request for reconsideration of a final Office action that issued on July 1, 2023. On March 22, 2024,
`the Board instituted and then suspended the appeal proceeding, remanding the application to the
`examining attorney for review of the request for reconsideration.
`
`Applicant’s request for reconsideration presents new evidence relevant to an issue on appeal.  See
`TBMP §1204; TMEP §715.04(b). Therefore, this new final Office action is being issued to address the
`new evidence, and supersedes the previous final Office action. TMEP §715.04(b). After issuing this
`new final Office action, the examining attorney will return the application to the Board for resumption
`of the appeal.  Id. Any further request for the examining attorney to consider the application must be
`made in a request for remand to the Board, for which good cause must be shown.  See TBMP §1204.
`
`

`

`
`The following refusal  is maintained and held final:  Specimen Does Not Show Direct Association
`Between Mark and Services.
`
`Further, the trademark examining attorney accepts the amendment to the identification of services.
`
`SUMMARY OF ISSUES:
`•
`Specimen Not Properly Verified
`
`
`SPECIMEN NOT PROPERLY VERIFIED
`
`The refusal to register the applied-for mark in International Class  035 is now made final because
`applicant failed to provide in response to the refusal a properly verified specimen showing the mark as
`actually used in commerce for applicant’s services. Trademark Act Sections 1 and 45, 15 U.S.C.
`§§1051, 1127; 37 C.F.R. §§2.56(a), 2.63(b); TMEP §§904, 904.07(a), 1301.04(g)(i).  A statement of use
`must include a specimen, properly verified, showing the applied-for mark as actually used in commerce
`for each international class of services identified in the statement of use. 15 U.S.C. §1051(d)(1); 37
`C.F.R. §2.56(a); TMEP §§904, 1109.09(b).
`
`Applicant was previously refused registration and required to submit a verified substitute specimen in
`International Class  035 to show use of the applied-for mark in commerce because the previous
`specimens did not show a direct association between the mark and the applied-for services. In response
`to each refused international class, applicant provided a substitute specimen that appears to show use of
`the applied-for mark in commerce but is not verified. The USPTO does not accept materials submitted
`as specimens without proper verification.  See 37 C.F.R. §2.59(b)(2); In re Adair, 45 USPQ2d 1211,
`1212 n.2 (TTAB 1997).
`
`Examples of specimens.  Specimens for services must show a direct association between the mark and
`the services and include: (1) copies of advertising and marketing material, (2) a photograph of business
`signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the
`services.  See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C).
`
`Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the
`date it was accessed or printed on the specimen itself, within the TEAS form that submits the specimen,
`or in a verified statement under 37 C.F.R. §2.20 or 28 U.S.C. §1746 in a later-filed response.  See 37
`C.F.R. §2.56(c); TMEP §§904.03(i), 1301.04(a).
`
`Response options. Applicant may respond to this final specimen refusal by satisfying one of the
`following for each applicable international class:
`
`
`(1) Submit a verification of the previously submitted substitute specimen, attesting that
`it was in actual use in commerce prior to the expiration of the deadline for filing the
`statement of use. A “verified substitute specimen” is a specimen that is accompanied by
`the following statement made in a signed affidavit or supported by a declaration under
`37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate)
`specimen(s) was/were in use in commerce prior to expiration of the filing deadline for
`filing a statement of use.” The substitute specimen cannot be accepted without this
`statement.
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`

`

`(2) Submit a different and properly verified “substitute” specimen that (a) was in actual
`use in commerce prior to the expiration of the deadline for filing the statement of use
`and (b) shows the mark in actual use in commerce for the services identified in the
`statement of use. The substitute specimen cannot be accepted without the verified
`statement referenced in (1).
`
`
`For an overview of the response options referenced above and instructions on how to satisfy these
`options using the online Trademark Electronic Application System (TEAS) form, see the Specimen
`webpage.
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`RESPONSE GUIDELINES
`
`Please call or email the assigned trademark examining attorney with questions about this Office action.
`Although an examining attorney cannot provide legal advice, the examining attorney can provide
`additional explanation about the refusals and requirements in this Office action. See TMEP §§705.02,
`709.06.
`
`The USPTO does not accept emails as responses to Office actions; however, emails can be used for
`informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191;
`TMEP §§304.01-.02, 709.04-.05.
`
`
`
`/Mallory Velten/
`Mallory Velten
`Trademark Examining Attorney
`Law Office 123
`(571) 272-2233
`Mallory.Velten@uspto.gov
`
`
`
`RESPONSE GUIDANCE
`
`•
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`•
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`•
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`Missing deadline to responding to this letter will cause the application to abandon.  A
`response, appeal, or extension request must be received by the USPTO before 11:59 p.m.
`Eastern Time of the last day of the response deadline. Trademark Electronic Application System
`(TEAS) and Electronic System for Trademark Trials and Appeals (ESTTA) system availability
`could affect an applicant’s ability to timely respond. For help resolving technical issues with
`TEAS, email TEAS@uspto.gov.
`
`Responses signed by an unauthorized party are not accepted and can cause the application to
`abandon.  If applicant does not have an attorney, the response must be signed by the individual
`applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If
`applicant has an attorney, the response must be signed by the attorney.
`
`If needed, find contact information for the supervisor of the office or unit listed in the
`signature block.
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`

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`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on April 8, 2024 for
`U.S. Trademark Application Serial No.  90521815
`
`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.  
`
`•
`
`•
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`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.  
`
`

`

`•
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`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.  
`
` 
`