PR-Teas-Response to Post Reg Office Act

ANTHEM

Rockbot, Inc.

Response To Office Action for Post-Registration Matters

PTO- 2302

Approved for use through 01/31/2025. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response To Office Action for Post-Registration Matters

The table below presents the data as entered.

Input Field	Entered
SERIAL NUMBER	86563804
REGISTRATION NUMBER	5105706
RESPONSE TYPE	Response to Office Action for Combined Declaration of Use and Incontestability under Sections 8 & 15.
MARK SECTION
MARK	mark
LITERAL ELEMENT	ANTHEM
STANDARD CHARACTERS	YES
USPTO-GENERATED IMAGE	YES
MARK STATEMENT	The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
The Examiner has issued an Office Action rejecting the specimen of use submitted in support of the registrant Rockbot, Inc.'s Affidavit of Continued Use for its mark ANTHEM. The Examiner states that the specimen submitted is insufficient to demonstrate use of the mark, because the mark appears in the specimen in small lettering in identical font type and size as other wording. The Examiner further characterizes the mark as being "buried" in the text of the specimen. The registrant respectfully disagrees with the Examiner's assessment. First, the mark is not "buried" in the text of the specimen. The mark appears at the beginning of the top line of text in the specimen ("Introducing Rockbot Anthem"). In addition, both the registrant's name and the mark are capitalized, signaling to consumers that both Rockbot and Anthem are brands for the services being described on the web site. Finally, the lettering in the first block of text, where the mark appears, is in a larger font than the font in the other two blocks of text, in addition to being positioned centered above the other blocks of text. The appearance of the mark at the beginning of the first of line of text, its capitalization, and the larger font of the block of text in which the mark appears are sufficient to make ANTHEM appearing in the specimen stand out as a brand for consumers, and the specimen submitted should be accepted as evidence of continued use of the mark in commerce.
CORRESPONDENCE INFORMATION
NAME	Heather E Balmat
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE	hbalmat@balmatlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)	NOT PROVIDED
DOCKET/REFERENCE NUMBER	00460
PAYMENT SECTION
TOTAL FEES DUE	0
SIGNATURE SECTION
DECLARATION SIGNATURE	The undersigned has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a signed declaration.
RESPONSE SIGNATURE	/Heather E Balmat/
SIGNATORY'S NAME	Heather E Balmat
SIGNATORY'S POSITION	Attorney of record, Massachusetts and Virginia bar member
SIGNATORY'S PHONE NUMBER	434-260-1837
DATE SIGNED	12/06/2023
ROLE OF AUTHORIZED SIGNATORY	Authorized U.S.-Licensed Attorney
SIGNATURE METHOD	Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE	Wed Dec 06 12:26:24 ET 2023
TEAS STAMP	USPTO/TRS-XX.XXX.XXX.XXX- 20231206122624028250-5105 706-8503da831e96643de1968 f22a9f56866a67692e17e7276 1a9ac6bd23f1f60ac-N/A-N/A -20231206121118422470

PTO- 2302

Approved for use through 01/31/2025. OMB 0651-0055

Response To Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

Registration no. 5105706 ANTHEM(Standard Characters, see http://uspto.report/TM/86563804/mark.png) has been amended as follows:
RESPONSE TYPE Response to Office Action for Combined Declaration of Use and Incontestability under Sections 8 & 15.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examiner has issued an Office Action rejecting the specimen of use submitted in support of the registrant Rockbot, Inc.'s Affidavit of Continued Use for its mark ANTHEM. The Examiner states that the specimen submitted is insufficient to demonstrate use of the mark, because the mark appears in the specimen in small lettering in identical font type and size as other wording. The Examiner further characterizes the mark as being "buried" in the text of the specimen. The registrant respectfully disagrees with the Examiner's assessment.

First, the mark is not "buried" in the text of the specimen. The mark appears at the beginning of the top line of text in the specimen ("Introducing Rockbot Anthem"). In addition, both the registrant's name and the mark are capitalized, signaling to consumers that both Rockbot and Anthem are brands for the services being described on the web site. Finally, the lettering in the first block of text, where the mark appears, is in a larger font than the font in the other two blocks of text, in addition to being positioned centered above the other blocks of text.

The appearance of the mark at the beginning of the first of line of text, its capitalization, and the larger font of the block of text in which the mark appears are sufficient to make ANTHEM appearing in the specimen stand out as a brand for consumers, and the specimen submitted should be accepted as evidence of continued use of the mark in commerce.

Correspondence Information
      Heather E Balmat
      PRIMARY EMAIL FOR CORRESPONDENCE: hbalmat@balmatlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

      The docket/reference number is 00460.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $0 is being submitted.

SIGNATURE(S)
Declaration Signature
The undersigned has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a signed declaration.

Signature: /Heather E Balmat/     Date: 12/06/2023
Signatory's Name: Heather E Balmat
Signatory's Position: Attorney of record, Massachusetts and Virginia bar member

Signatory's Phone Number: 434-260-1837 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Heather E Balmat
   Balmat Law Pllc

   977 Seminole Trl # 342
   Charlottesville, Virginia 22901
Mailing Address:    Heather E Balmat
   Balmat Law Pllc
   977 Seminole Trl # 342
   Charlottesville, Virginia 22901

PAYMENT:
PAYMENT DATE:

Serial Number: 86563804
Internet Transmission Date: Wed Dec 06 12:26:24 ET 2023
TEAS Stamp: USPTO/TRS-XX.XXX.XXX.XXX-202312061226240
28250-5105706-8503da831e96643de1968f22a9
f56866a67692e17e72761a9ac6bd23f1f60ac-N/
A-N/A-20231206121118422470