UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/083368
APPLICANT: Esurance Inc.
|
|
CORRESPONDENT ADDRESS: KENNETH B. GERMAIN FROST & JACOBS LLP 2500 PNC CENTER 201 EAST FIFTH STREET CINCINNATI, OH 45202 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
|
MARK: ESURANCE
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
|
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
|
Serial Number 76/083368
The assigned examining attorney has reviewed the Statement Of Use filed April 30, 2003, and has determined the following:
Applicant seeks to register the mark ESURANCE in connection with product evaluation in the field of insurance.
With respect to International Class 42, the specimen provided is unacceptable as evidence of actual trademark use because the mark is not seen in connection with the services (product evaluation in the field of insurance). In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP sections 905.05 and 905.07. See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984). The applicant must submit a specimen showing the mark as it is used in commerce. 37 C.F.R. Sections 2.56 and 2.88(b)(2). Examples of acceptable specimens are tags, labels, instruction manuals, containers, and photographs that show the mark on the goods or packaging. The applicant must verify, with an affidavit or a declaration under 37 C.F.R. Section 2.20, that the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use. 37 C.F.R. Section 2.59(b); TMEP section 905.10.
If an amendment of the dates‑of‑use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. Section 2.20. 37 C.F.R. Section 2.71(c); TMEP section 904.05.
The following declaration is provided for the applicant's convenience:
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use; that to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
International Class 35 specimen is acceptable.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Dezmona J. Mizelle/
Dezmona J. Mizelle
Trademark Attorney
Law Office 110
703.308.9110, ext. 259
703.746.6203 [Fax]
ecom110@uspto.gov [Formal responses only]
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.