To: | Asfalis Warranty Solutions, Inc. (ed@defrank.com) |
Subject: | U.S. Trademark Application Serial No. 90021655 - WARRANTY AS A SERVICE - N/A |
Sent: | January 05, 2022 04:23:48 PM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90021655
Mark: WARRANTY AS A SERVICE
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Correspondence Address: |
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Applicant: Asfalis Warranty Solutions, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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 Office action.
Issue date: January 05, 2022
The trademark examining attorney issued a final Office action on May 25, 2021. On November 25, 2021, applicant responded by filing a request for reconsideration of the final Office action. Applicant’s request raises a new issue; therefore, this nonfinal Office action is being issued to address the new issue. See TMEP §715.03(b).
This nonfinal Office action supersedes the previous final Office action. Applicant should not file an appeal at this time as it would be considered premature. See 15 U.S.C. §1070; 37 C.F.R. §2.141(a); TMEP §715.03(b).
The following refusal from the final Office action remains outstanding: Section 2(e)(1) Refusal – Merely Descriptive.
This refusal will be withdrawn if applicant (1) deletes the amendment to the Supplemental Register, or (2) submits an amendment to allege use that meets the requirements of 37 C.F.R. §2.76(b), (c). See TMEP §§815.02, 1102.03.
If applicant maintains the amendment to the Supplemental Register and provides an acceptable amendment to allege use, the effective filing date of the application will be the date on which applicant met the minimum filing requirements of 37 C.F.R. §2.76(c) for the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§816.02, 1102.03. In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
Applicant should note the following additional ground for refusal.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Marta Stadeli/
Examining Attorney
Law Office 123
(571) 272-6747
marta.stadeli@uspto.gov
RESPONSE GUIDANCE