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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`Anderson, John (adam@invokeip.com)
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`U.S. Trademark Application Serial No. 97109027 - D41003T1
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`March 03, 2022 06:12:56 PM
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`ecom110@uspto.gov
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`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
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`U.S. Application Serial No. 97109027
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`Correspondence Address: 
`ADAM ELLSWORTH
`INVOKE IP
`2605 CAMINO TASSAJARA, #3877
`DANVILLE, CA 94526
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`Mark:       
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`Applicant:   Anderson, John
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`Reference/Docket No. D41003T1
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`Correspondence Email Address:   adam@invokeip.com
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`The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. 
`Respond using the Trademark Electronic Application System (TEAS).   A link to the appropriate TEAS response form appears at the end of this
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`NONFINAL OFFICE ACTION
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`Office action.   
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`Issue date:  March 03, 2022
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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:
`Applicant’s entity
`Mark differs on drawing and specimen
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`Applicant’s Entity
`The name of an individual person appears in the section of the application intended for the trademark owner’s name; however, the legal entity is
`set forth as a limited liability company.  Applicant must clarify this inconsistency.  See 37 C.F.R. §§2.32(a)(2), (a)(3)(i)-(ii), 2.61(b); TMEP
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`§803.02(a).  
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`If applicant is an individual, applicant should simply request that the legal entity be amended to “individual” and must indicate his/her country of
`citizenship for the record.  37 C.F.R. §2.32(b)(3)(i); TMEP §803.03(a).  Alternatively, if applicant is a limited liability company, applicant must
`provide the correct name of the limited liability company and the U.S. state or foreign country of incorporation or organization.  37 C.F.R.
`§2.32(a)(3)(ii); TMEP §803.03(h).
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`If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration may be refused
`because the application was void as filed.  See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b).  An application must be filed by the party who
`owns or is entitled to use the mark as of the application filing date.  See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
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`Mark Differs on Drawing and Specimen
`Registration is refused because the specimen does not show the mark in the drawing in use in commerce in International Class 14, which is
`required in the application.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904,
`904.07(a), 1301.04(g)(i).  The mark appearing on the specimen and in the drawing must match; that is, the mark in the drawing “must be a
`substantially exact representation of the mark” on the specimen.   See 37 C.F.R. §2.51(a)-(b); TMEP §807.12(a).
`
`In this case, the application drawing displays the mark as a design only, while the specimen displays the mark with the same design but with the
`word “RISEN” therein.   The mark on the specimen does not match the mark in the drawing because the design as it appears on the specimen
`(with the word “RISEN”) appear to be one and inseparable from one another, used as a background under applicant’s other mark,
`“GMEERA.”   Applicant has thus failed to provide the required evidence of use of the mark in commerce.  See TMEP §807.12(a).
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`Response options.  Applicant may respond to this refusal by satisfying one of the following:
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`(1)      
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`Submit a different specimen (a verified “substitute” specimen ) for each applicable international class that (a) shows the mark in
`the drawing in actual use in commerce for the goods and/or services in the application or amendment to allege use, and (b) was in
`actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use.
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`Examples of specimens.  Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual
`container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly
`associated with the goods.  See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m).  A webpage specimen submitted as a display
`associated with the goods must show the mark in association with a picture or textual description of the goods and include
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`information necessary for ordering the goods.  TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c).  
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`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,
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`rendering, or advertising of the services.  See 37 C.F.R. §2.56(b)(1), (c); TMEP §1301.04(a), (h)(iv)(C).  
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`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).
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`(2)      
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`Submit a request to amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to
`allege use, if one was filed), as no specimen is required before publication.  This option will later necessitate additional fee(s) and
`filing requirements such as providing a specimen.
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`The USPTO will not accept an amended drawing submitted in response to this refusal because the changes would materially alter the drawing of
`the mark in the original application or as previously acceptably amended.  See 37 C.F.R. §2.72(a)-(b); TMEP §807.14.  Specifically, amending
`the mark on the drawing to agree with the mark on the specimen would be a material alteration because the word “RISEN” would have to be
`added and a new search of the USPTO database would have to be performed.
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`For more information about drawings and instructions on how to satisfy these response options using the online Trademark Electronic
`Application System (TEAS) form, see the Drawing webpage.
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`How to respond.   Click to file a response to this nonfinal Office action.                                                                               
`
`/Laura Gorman Kovalsky/
`Trademark Attorney, Law Office 110
`571.272.9182  phone
`laura.kovalsky@uspto.gov
`(Telephone and e-mail inquiries are welcome; however, responses are not accepted via e-mail)
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`RESPONSE GUIDANCE
`Missing the response deadline to this letter will cause the application to abandon.   A response or notice of appeal must be received by
`the USPTO before midnight Eastern Time of the last day of the response period.   TEAS and ESTTA maintenance or unforeseen
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`circumstances could affect an applicant’s ability to timely respond.   
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`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.
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`If needed, find contact information for the supervisor of the office or unit listed in the signature block.
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`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Anderson, John (adam@invokeip.com)
`
`U.S. Trademark Application Serial No. 97109027 - D41003T1
`
`March 03, 2022 06:12:59 PM
`
`ecom110@uspto.gov
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
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`Office Action (Official Letter) has issued
`on March 03, 2022 for
`U.S. Trademark Application Serial No. 97109027
`
`A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You must respond to this Office
`action in order to avoid your application abandoning.  Follow the steps below.
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`(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).  Your response
`must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your
`application will be abandoned.  See the Office action itself regarding how to respond.
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`(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).
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`After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in
`the Office action.
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`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.
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`·       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.  And
`all official USPTO correspondence will only be emailed from the domain “@uspto.gov.”   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.
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