To:
`
`Subject:
`
`Sent:
`Sent As:
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`Andrew D. Bochner(andrew@bochner.law)
`U.S. Trademark Application Serial No. 97450510 - SURE CLAIMS
`PAYMENTS - - 1252.023TM
`September 18, 2024 09:14:49 AM 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. 97450510
`
`Mark: SURE CLAIMS PAYMENTS
`
`Correspondence Address:
`Andrew D. Bochner
`BOCHNER PLLC
`1040 Avenue of the Americas
`15th Floor
`New York NY 10018
`United States
`
`Applicant: Insurity LLC
`
`Reference/Docket No. 1252.023TM
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`Correspondence Email Address: andrew@bochner.law
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`
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`REQUEST FOR RECONSIDERATION AFTER FINAL ACTION DENIED
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`Issue date: September 18, 2024
`
`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(s), (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(s). TMEP §§715.03(a)(ii)(B), 715.04(a).
`
`Accordingly, the Section 2(d) refusal for a likelihood of confusion with the mark in U.S. Registration
`No. 5610811 as to "Providing online insurance billing services that feature payment tracking services"
`in International Class 035 is maintained and continued. See TMEP §§715.03(a)(ii)(B), 715.04(a).
`
`The Section 2(d) refusal for a likelihood of confusion with the mark in U.S. Registration No. 4280020
`as to "Computer software design and development for others in the insurance industry; software as a
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`
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`service (SAAS) and application service provider (ASP) services, namely, hosting software of others for
`use by others in the insurance industry, designed for insurance billing, claims, compliance and policy
`processing, data compilation and analysis, administration, management and analytics; computer and
`information technology consultation for insurance companies relating to information technology
`architecture and infrastructure;" and "Software implementation, software integration, and custom
`software development services for insurance carriers, reinsurers, managing general agents, underwriters
`and solution providers in the areas of insurance underwriting, insurance policy rating, insurance
`premium computation, bureau-based insurance rates rules and forms, proprietary insurance products
`and forms, and
`insurance billing"
`in International Class 042
`is withdrawn. 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
`overcomes the outstanding final refusal, and/or (2) file a notice of appeal to the Board. TMEP
`§715.03(a)(ii)(B).
`
`
`
`/Jeanine Gagliardi/
`Jeanine Gagliardi
`Examining Attorney
`LO120--LAW OFFICE 120
`(571) 272-3177
`Jeanine.Gagliardi@USPTO.GOV
`
`
`
`
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on September 18, 2024 for
`U.S. Trademark Application Serial No. 97450510
`
`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.
`
`
`
`•
`
`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.
`
`
`
