To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Kohn, Serafia (serafiajane@hotmail.com)
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`U.S. TRADEMARK APPLICATION NO. 87600082 - SERAFIA - N/A
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`12/6/2017 7:51:10 PM
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`ECOM101@USPTO.GOV
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
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`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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`U.S. APPLICATION
`SERIAL NO.   87600082
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`           
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`MARK: SERAFIA
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`*87600082*
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`CORRESPONDENT
`ADDRESS:
`  
`       KOHN, SERAFIA
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
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`       1051 RIKER ST APT
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`http://www.uspto.gov/trademarks/teas/response_forms.jsp
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`VIEW YOUR APPLICATION FILE
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`  
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`7  
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`       SALINAS, CA 93901
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`   
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`              
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`APPLICANT: Kohn,
`Serafia
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`CORRESPONDENT’S
`REFERENCE/DOCKET
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`  N/A
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`CORRESPONDENT
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`   
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`NO:       
`E-MAIL ADDRESS:       
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`serafiajane@hotmail.com
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`NON-FINAL OFFICE ACTION
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`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
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`ISSUE/MAILING DATE: 12/6/2017
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`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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`Summary of Issues that Applicant Must Address:
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`Sections 1, 2, and 45 Refusal – Does not Function as a Trademark for Sound Recordings
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`1.  Advisory – Search Results:
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`The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
`would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).
`
`2.  Refusal – Sections 1, 2, and 45 Refusal – Does not Function as a Trademark for Sound Recordings:
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`Registration is refused because the applied-for mark, as used on the specimen of record, merely identifies the name of a featured performer(s) on
`a sound recording; it does not function as a trademark to indicate the source of applicant’s goods and to identify and distinguish them from
`others.  Trademark Act Sections 1, 2 and 45, 15 U.S.C. §§1051-1052, 1127; see In re Polar Music Int’l AB, 714 F.2d 1567, 1572, 221 USPQ
`315, 318 (Fed. Cir. 1983); In re Arnold, 105 USPQ2d 1953, 1957 (TTAB 2013).  Sound recordings include musical and other performances
`presented in recorded or electronic form.  See TMEP §1202.09(a).
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`Applicant may respond to this refusal by satisfying one of the following:
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`            
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`            
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`            
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`(1) Submitting evidence that (a) the name is used on a series of sound recordings, and (b) the name is promoted and recognized by
`others as the source of the series of sound recordings.  See In re Arnold, 105 USPQ2d at 1958; TMEP §1202.09(a)-(a)(ii)(A). 
`Evidence of a series includes copies or photographs of at least two different CD covers or similar packaging for recorded works that
`show the name sought to be registered.  TMEP §1202.09(a)(i); see In re Polar Music Int’l AB, 714 F.2d at 1572, 221 USPQ at 318.  
`Evidence that the name is promoted and recognized by others as a source of the series includes advertising that promotes the name as
`the source of the series, third-party reviews showing use of the name by others to refer to the series, and/or declarations from the
`sound recording industry, retailers, and purchasers showing recognition of the name as an indicator of the source of a series of
`recordings.  TMEP §1202.09(a)(ii)(A); cf. In re First Draft, Inc., 76 USPQ2d 1183, 1191 (TTAB 2005); In re Scholastic, Inc., 23
`USPQ2d 1774, 1777-78 (TTAB 1992).
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`(2) Submitting evidence that (a) the name is used on a series of sound recordings, and (b) the performer controls the quality of the
`recordings and controls the use of the name, such that the name has come to represent an assurance of quality to the public.  See In
`re Polar Music Int’l AB, 714 F.2d at 1572, 221 USPQ at 318; In re Arnold, 105 USPQ2d at 1958; TMEP §1202.09(a)-(a)(ii),
`(a)(ii)(B).  Evidence of a series includes copies or photographs of at least two different CD covers or similar packaging for recorded
`works that show the name sought to be registered.  TMEP §1202.09(a)(i); see In re Polar Music Int’l AB, 714 F.2d at 1572, 221
`USPQ at 318.  Evidence of control over the quality of the recordings and use of the name includes licensing contracts or similar
`documentation.  TMEP §1202.09(a)(ii)(B); see In re Polar Music Int’l AB, 714 F.2d at 1568-72, 221 USPQ at 316-18.  However, if
`the sound recordings are recorded directly under applicant’s control, applicant may submit solely as evidence of control the
`following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “ The applicant produces the goods
`and controls their quality.”   TMEP §1202.09(a)(ii)(B); see 37 C.F.R. §2.193(e)(1).
`
`(3) Amending the application to seek registration on the Supplemental Register.  Trademark Act Section 23, 15 U.S.C. §1091; see 37
`C.F.R. §§2.47, 2.75(a); TMEP §§816, 1202.09(a).
`
`If applicant cannot satisfy one of the above requirements, applicant may amend the application from a use in commerce basis under Trademark
`Act Section 1(a) to an intent to use basis under Section 1(b), and the refusal will be withdrawn.  See TMEP §806.03(c).  However, if applicant
`amends the basis to Section 1(b), registration will not be granted until applicant later amends the application back to use in commerce by filing
`an acceptable allegation of use along with satisfying one of the above requirements.  See 15 U.S.C. §1051(c), (d); 37 C.F.R. §§2.76, 2.88; TMEP
`§1103.  If the same specimen is submitted with an allegation of use, and applicant does not either provide the additional evidence described
`above or amend to the Supplemental Register, the same refusal will issue.
`
`To amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: 
`“ Applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the
`filing date of the application.”   37 C.F.R. §2.34(a)(2); TMEP §806.01(b); see 15 U.S.C. §1051(b); 37 C.F.R. §§2.35(b)(1), 2.193(e)(1).
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`Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in
`support of registration.
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`3.  Advisory – TEAS Plus Applicants:
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`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application
`online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to
`Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address;
`and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b),
`2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of
`$125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations,
`TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without
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`incurring this additional fee.   
`
`If an applicant is not
`Responses to Office actions must be properly signed.   See 37 C.F.R. §§2.62(b), 2.193(e)(2); TMEP §§712, 712.01. 
`represented by an attorney, the response must be signed by the individual applicant or someone with legal authority to bind a juristic applicant
`(e.g., a corporate officer or general partner).  See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.03(b), 611.06(b)-(h), 712.01.  In the case of joint
`applicants, all must sign.  37 C.F.R. §2.193(e)(2)(ii); TMEP §611.06(a).  If an applicant is represented by an attorney authorized to practice
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`before the USPTO, the attorney must sign the response.  37 C.F.R. §2.193(e)(2)(i); TMEP §§611.03(b), 712.01.  
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`4.  Advisory – Assistance:
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`If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-
`mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to
`this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-
`.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in
`this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02,
`709.06.
`
`/Colleen Dombrow/
`
`Trademark Attorney
`
`Law Office 101
`
`Direct Dial: 571-272-8262
`
`Facsimile: 571-273-9101
`
`colleen.dombrow@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. 
`For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned
`trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
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`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
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`response.  
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`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.   For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
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`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
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`  
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Kohn, Serafia (serafiajane@hotmail.com)
`
`U.S. TRADEMARK APPLICATION NO. 87600082 - SERAFIA - N/A
`
`12/6/2017 7:51:11 PM
`
`ECOM101@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 12/6/2017 FOR U.S. APPLICATION SERIAL NO. 87600082
`
`Your trademark application has been reviewed.  The trademark examining attorney assigned by the USPTO to your application has written an
`official letter to which you must respond.  Please follow these steps:
`
`(1)  READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking
`on “Documents.”
`
`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`
`hours of this e-mail notification.  
`
`(2)  RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 12/6/2017, using the Trademark Electronic
`Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.  A response transmitted through
`TEAS must be received before midnight Eastern Time of the last day of the response period.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
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`responses to Office actions.  
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`(3)  QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your
`
`application, identified below.  
`
`/Colleen Dombrow/
`
`Trademark Attorney
`
`Law Office 101
`
`Direct Dial: 571-272-8262
`
`Facsimile: 571-273-9101
`
`colleen.dombrow@uspto.gov
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`  
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`WARNING
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`Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For
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`more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.  
`
`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are
`using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that
`closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay
`
`“fees.”   
`
`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States
`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”   For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
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