Beruflich Dokumente
Kultur Dokumente
Mark: I AM A VOTER.
Status: Abandoned because the applicant filed an express abandonment. To view all documents in this file, click on the Trademark Document
Retrieval link at the top of this page.
Status Date: Jul. 17, 2020
Date Abandoned: Jul. 16, 2020
Mark Information
Mark Literal I AM A VOTER.
Elements:
Standard Character No
Claim:
Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
Type:
Description of The mark consists of the stylized words "I AM A VOTER" with the word "VOTER" underlined and a period following "VOTER".
Mark:
Color(s) Claimed: Color is not claimed as a feature of the mark.
Design Search 26.17.13 - Underlined words or letters; Letters or words underlined and/or overlined by one or more strokes or lines; Overlined words
Code(s): or letters
For: Providing information regarding political issues, knowing how to vote and knowing how to register to vote; Promoting public awareness
of the need for educating people about issues that affect them and encouraging people to participate in the political process by
registering, voting and speaking out
International 035 - Primary Class U.S Class(es): 100, 101, 102
Class(es):
Class Status: ACTIVE
Basis: 1(a)
First Use: Jun. 01, 2018 Use in Commerce: Aug. 17, 2018
Attorney/Correspondence Information
Attorney of Record
Attorney Name: Grace Han Stanton Docket Number: 132511-4000
Attorney Primary pctrademarks@perkinscoie.com Attorney Email Yes
Email Address: Authorized:
Correspondent
Correspondent Grace Han Stanton
Name/Address: PERKINS COIE LLP
1201 THIRD AVENUE, SUITE 4900
SEATTLE, WASHINGTON UNITED STATES 98101
Phone: 206-359-8000 Fax: (206) 359-9000
Correspondent e- pctrademarks@perkinscoie.com Correspondent e- Yes
mail: mail Authorized:
Domestic Representative - Not Found
Prosecution History
Proceeding
Date Description
Number
Jul. 17, 2020 ABANDONMENT NOTICE E-MAILED - EXPRESS ABANDONMENT
Jul. 17, 2020 ABANDONMENT - EXPRESS MAILED
Jul. 16, 2020 TEAS EXPRESS ABANDONMENT RECEIVED
Jun. 13, 2020 TEAS/EMAIL CORRESPONDENCE ENTERED 88889
Jun. 12, 2020 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889
Jun. 12, 2020 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Dec. 12, 2019 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325
Dec. 12, 2019 NON-FINAL ACTION E-MAILED 6325
Dec. 12, 2019 NON-FINAL ACTION WRITTEN 90288
Nov. 21, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 73296
Nov. 21, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 73296
Nov. 18, 2019 ASSIGNED TO LIE 73296
Nov. 12, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED
May 28, 2019 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325
May 28, 2019 NON-FINAL ACTION E-MAILED 6325
May 28, 2019 NON-FINAL ACTION WRITTEN 90288
May 28, 2019 ASSIGNED TO EXAMINER 90288
Apr. 05, 2019 NOTICE OF DESIGN SEARCH CODE E-MAILED
Apr. 04, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Mar. 20, 2019 NEW APPLICATION ENTERED IN TRAM
*DESCRIPTION OF THE MARK The mark consists of the stylized words I AM A VOTER with
(and Color Location, if applicable) the word VOTER underlined and a period following VOTER.
PIXEL COUNT ACCEPTABLE NO
PIXEL COUNT 177 x 51
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK IAAV Holdings LLC
*STREET 10866 Wilshire Blvd, 10th Floor
*CITY Los Angeles
*STATE
California
(Required for U.S. applicants)
\\TICRS\EXPORT17\IMAGEOUT
17\883\429\88342925\xml1\ RFA0007.JPG
website showing use of the mark in connection with some of
SPECIMEN DESCRIPTION
the services
ATTORNEY INFORMATION
NAME Grace Han Stanton
ATTORNEY DOCKET NUMBER 132511-4000
FIRM NAME Perkins Coie LLP
STREET 1201 Third Avenue, Suite 4900
CITY Seattle
STATE Washington
COUNTRY United States
ZIP/POSTAL CODE 98101
PHONE 206-359-8000
FAX (206) 359-9000
EMAIL ADDRESS pctrademarks@perkinscoie.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
Lindsay B. Allen, Britt L. Anderson, Craig A. Beaker, Stefan
B. Blum, Craig C. Bradley, Jared H. Bryant, Ai-Tang I. Chang,
L. Omar Cojulun, Sabrina J. Danielson, Colleen M. Ganin,
Alexander J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich,
Lynne E. Graybeal, Patchen M. Haggerty, John P. Halski,
OTHER APPOINTED ATTORNEY
Thomas L. Holt, Jason S. Howell, Kacey Kell, Lisa K. Koenig,
Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B.
Martin, Alicia A. Matusheski, Lisa T. Oratz, Scott J. Palmer,
Seth H. Reagan, Heidi L. Sachs, Grace Han Stanton, James L.
Vana, Fabricio Vayra and Robert G. Woolston
CORRESPONDENCE INFORMATION
NAME Grace Han Stanton
FIRM NAME Perkins Coie LLP
STREET 1201 Third Avenue, Suite 4900
CITY Seattle
STATE Washington
COUNTRY United States
ZIP/POSTAL CODE 98101
PHONE 206-359-8000
FAX (206) 359-9000
*EMAIL ADDRESS pctrademarks@perkinscoie.com
*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
APPLICATION FILING OPTION TEAS RF
NUMBER OF CLASSES 3
APPLICATION FOR REGISTRATION PER CLASS 275
*TOTAL FEE DUE 825
*TOTAL FEE PAID 825
SIGNATURE INFORMATION
SIGNATURE /mandana dayani/
SIGNATORY'S NAME Mandana Dayani
SIGNATORY'S POSITION Manager
SIGNATORY'S PHONE NUMBER 000-000-0000
DATE SIGNED 03/16/2019
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2021)
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
In International Class 014, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at
least as early as 06/01/2018, and first used in commerce at least as early as 08/17/2018, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed
goods/services, consisting of a(n) screen shot of the website showing the mark as used in commerce in connection with some of the goods.
Specimen File1
In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at
least as early as 06/01/2018, and first used in commerce at least as early as 08/17/2018, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed
goods/services, consisting of a(n) screen shot of the website showing the mark as used in commerce in connection with some of the goods.
Specimen File1
Specimen File2
International Class 035: Providing information regarding political issues, knowing how to vote and knowing how to register to vote;
Promoting public awareness of the need for educating people about issues that affect them and encouraging people to participate in the political
process by registering, voting and speaking out
In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at
least as early as 06/01/2018, and first used in commerce at least as early as 08/17/2018, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed
goods/services, consisting of a(n) website showing use of the mark in connection with some of the services.
Specimen File1
Specimen File2
A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).
Declaration
Basis:
If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
The mark is in use in commerce on or in connection with the goods/services in the application;
The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and
To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
And/Or
If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
and/or § 1126(e):
The signatory believes that the applicant is entitled to use the mark in commerce;
The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the
application; and
To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
goods/services of such other persons, to cause confusion or mistake, or to deceive.
To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
allegations and other factual contentions made above have evidentiary support.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
belief are believed to be true.
Declaration Signature
The USPTO has assigned design search codes to your application (U.S. serial number: 88342925).
26.17.13 - Letters or words underlined and/or overlined by one or more strokes or lines
26.17.13 - Overlined words or letters
26.17.13 - Underlined words or letters
If you would like to request that we add or delete a design search code, please email TMDesignCodeComments@USPTO.GOV. Include your name, application serial number,
a list of design search codes you would like to add or delete, and a brief justification. We will process your request within two business days. If we approve your request, the
updated list of design search codes will appear in our Trademark Status and Document Retrieval (TSDR) database, accessible at https://tsdr.uspto.gov/, under the "Mark
Information" tab.
Design search codes are numerical codes we assign to the prominent features of your mark's design. We call these features "design elements." A design element can be any
component of your mark that is not a word, such as a depiction of a star or a flower. Assigning design search codes to your mark helps us more effectively search our database
for marks that may conflict with yours. Design search codes have no legal significance and will not appear on the registration certificate.
For more information about design search codes, including why and how we use them and information on adding or deleting design search codes from your application, please
visit our design search code webpage at http://www.uspto.gov/DesignSearchCodes. For a list of design search codes, see the design search code manual at
http://tess2.uspto.gov/tmdb/dscm/index.htm.
For questions, please call 1-800-786-9199 (option 1) to speak to a Customer Service representative in the Trademark Assistance Center. Please visit
http://www.uspto.gov/TrademarkAssistance for additional information about the Trademark Assistance Center.
U.S. APPLICATION
SERIAL NO. 88342925
APPLICANT: IAAV
Holdings LLC
CORRESPONDENT’S
REFERENCE/DOCKET
NO:
132511-4000
CORRESPONDENT E-
MAIL ADDRESS:
pctrademarks@perkinscoie.com
OFFICE ACTION
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 incurring
this additional fee.
DATABASE SEARCH:
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.
Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 5727494. Trademark
Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration.
STANDARD OF REVIEW
Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be
confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties. See 15 U.S.C. §1052(d). Likelihood of
confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361,
177 USPQ 563, 567 (C.C.P.A. 1973) (called the “ du Pont factors”). In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747
(Fed. Cir. 2017). Only those factors that are “relevant and of record” need be considered. M2 Software, Inc. v. M2 Commc’ns, Inc., 450
F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d
1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC , 126 USPQ2d 1742, 1744 (TTAB 2018).
Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis: (1) the
similarities between the compared marks and (2) the relatedness of the compared goods and/or services. See In re i.am.symbolic, llc, 866 F.3d at
1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002));
Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated
by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the
marks.”); TMEP §1207.01.
COMPARISON OF MARKS
Both marks at issue consist of the wording “I AM A VOTER.” Therefore, they are similar for the purpose of Section 2(d).
Both parties offer Lapel pins; Ornamental lapel pins in Class 18; Clothing, namely, t-shirts, shirts, hats, caps in Class 25; and Providing
information regarding political issues, knowing how to vote and knowing how to register to vote; Promoting public awareness of the need for
educating people about issues that affect them and encouraging people to participate in the political process by registering, voting and speaking
out in Class 35. Therefore, the goods and services are identical and registration is refused pursuant to Section 2(d) of the Trademark Act.
CLAIM OF OWNERSHIP OF REGISTRATIONS
If the mark in the cited registration is owned by applicant, applicant may provide evidence of ownership of the mark by satisfying one of the
following:
(1) Record the assignment with the USPTO’s Assignment Recordation Branch (ownership transfer documents such as assignments
can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been
duly recorded.
(3) Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “ Applicant is the owner
of U.S. Registration No. 5727494.” To provide this statement using the Trademark Electronic Application System (TEAS), use
the “Response to Office Action” form; answer “yes” to wizard questions #3 and #10; then, continuing on to the next portion of
the form, in the “Additional Statement(s)” section, find “Active Prior Registration(s)” and insert the U.S. registration numbers in
the data fields; and follow the instructions within the form for signing. The form must be signed twice; a signature is required
both in the “Declaration Signature” section and in the “Response Signature” section.
TMEP §812.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.25, 3.73(a)-(b); TMEP §502.02(a).
Recording a document with the Assignment Recordation Branch does not constitute a response to an Office action. TMEP §503.01(d).
RESPONSE GUIDELINES
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/.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the
application, the application process will end and the trademark will fail to register. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP
§§718.01, 718.02. Additionally, the USPTO will not refund the application filing fee, which is a required processing fee. See 37 C.F.R.
§§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
When an application has been abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive the
application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. The petition must be
filed within two months of the date of issuance of the notice of abandonment and may be filed online via TEAS with a $100 fee. See 37 C.F.R.
§§2.6(a)(15)(ii), 2.66(a)(1), (b)(1).
Trademark applicants, registrants, and parties to proceedings before the Trademark Trial and Appeal Board and their attorneys or agents are
required to conduct their business with decorum and courtesy. See 37 C.F.R. §2.192. The examining attorney who prepared the action, and not the
supervisory or reviewing examining attorney, should be the person contacted by telephone or e-mail. See TMEP § 709.04.
HOWEVER, informal communications such as email and telephone may not be used to request advisory opinions as to the likelihood of
overcoming a substantive refusal or requirement. The examining attorney advises the applicant to file a formal response for consideration of
arguments regarding any substantive refusal or requirement. See TMEP §709.05. Also, USPTO employees, including examining attorneys cannot
comment on the validity of registered marks (see TMEP §1801) or answer questions as to whether a particular mark or type of mark is eligible
for registration (see TMEP §108.02).
Further, telephone or E-mail may not be used to file applications for registration of marks, responses to Office actions, pre- or post-publication
amendments to an application, changes of correspondence address, appointments or revocations of attorneys, attorney withdrawal requests,
petitions, documents required by statute to show use of a mark in commerce or to request an extension of time to show such use, and post-
registration maintenance documents or proposed amendments. These documents may be filed electronically using TEAS. Responses to Office
actions sent via e-mail will not be accorded a date of receipt. 37 C.F.R. §2.62(c).
/Siddharth Jagannathan/
Siddharth Jagannathan
Trademark Examining Attorney
USPTO, Law Office 114
571-272-6563 (phone)
Siddharth.Jagannathan@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.
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
response.
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/.
(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click 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) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable
response time period. Your response deadline will be calculated from 5/28/2019 (or sooner if specified in the Office action). 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. For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
responses to Office actions. Instead, the USPTO recommends that you respond online using the TEAS response form located at
http://www.uspto.gov/trademarks/teas/response_forms.jsp.
(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For
technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
TSDR@uspto.gov.
WARNING
Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For
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.
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)
DESCRIPTION OF THE MARK The mark consists of the stylized words I AM A VOTER with the word VOTER
(and Color Location, if applicable) underlined and a period following VOTER.
EVIDENCE SECTION
EVIDENCE FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT17\883\429\88342925\xml5\ROA0003.JPG
\\TICRS\EXPORT17\IMAGEOUT17\883\429\88342925\xml5\ROA0004.JPG
\\TICRS\EXPORT17\IMAGEOUT17\883\429\88342925\xml5\ROA0005.JPG
DESCRIPTION OF EVIDENCE FILE Notice of Recordation of Assignment
ADDITIONAL STATEMENTS SECTION
The applicant claims ownership of active prior U.S. Registration Number(s)
ACTIVE PRIOR REGISTRATION(S)
5727494.
U.S. Registration number 5727494 should not be used as a citation under Section
MISCELLANEOUS STATEMENT 2(d) because the applicant herein claims ownership of the referenced serial number,
supported by a declaration.
ATTORNEY SECTION (current)
NAME Grace Han Stanton
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)
EVIDENCE
Evidence in the nature of Notice of Recordation of Assignment has been attached.
Original PDF file:
evi_1-19822100222-20191111181942523599_._Assignment-US_Reg-5727494.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
The applicant's current attorney information: Grace Han Stanton. Grace Han Stanton of PERKINS COIE LLP, is located at
The applicants proposed attorney information: Grace Han Stanton. Other appointed attorneys are Lindsay B. Allen, Britt L. Anderson, Craig A.
Beaker, Stefan B. Blum, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar Cojulun, Sabrina J. Danielson, Colleen M. Ganin, Alexander J.A.
Garcia, Daniel J. Glenn, Mark S. Goodrich, Lynne E. Graybeal, Patchen M. Haggerty, John P. Halski, Thomas L. Holt, Jason S. Howell, Lisa K.
Koenig, Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer,
Seth H. Reagan, Heidi L. Sachs, Danielle Suh, James L. Vana, Fabricio Vayra and Robert G. Woolston. Grace Han Stanton of PERKINS COIE
LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
Grace Han Stanton submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court
of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: GRACE HAN STANTON. GRACE HAN STANTON of PERKINS COIE LLP, is located
at
ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5727494.
Miscellaneous Statement
U.S. Registration number 5727494 should not be used as a citation under Section 2(d) because the applicant herein claims ownership of the
referenced serial number, supported by a declaration.
SIGNATURE(S)
Response Signature
Signature: /Colleen M. Ganin/ Date: 11/12/2019
Signatory's Name: Colleen M. Ganin
Signatory's Position: Attorney of record, Washington State bar member
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.
OVERVIEW
PUB INFORMATION
FILING BASIS
66A NO 66A NO
NO BASIS NO NO BASIS NO
MARK DATA
CITIZENSHIP Delaware
DESCRIPTION TEXT Providing information regarding political issues, knowing how to vote and knowing
how to register to vote; Promoting public awareness of the need for educating people
about issues that affect them and encouraging people to participate in the political
process by registering, voting and speaking out
INTERNATIONAL 014 FIRST USE DATE 06/01/2018 FIRST USE IN 08/17/2018 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
INTERNATIONAL 025 FIRST USE DATE 06/01/2018 FIRST USE IN 08/17/2018 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
INTERNATIONAL 035 FIRST USE DATE 06/01/2018 FIRST USE IN 08/17/2018 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
MISCELLANEOUS INFORMATION/STATEMENTS
CHANGE IN REGISTRATION NO
DESCRIPTION OF MARK The mark consists of the stylized words "I AM A VOTER" with the word "VOTER"
underlined and a period following "VOTER".
PROSECUTION HISTORY
04/04/2019 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002
Mark: I AM A VOTER.
Correspondence Address:
Grace Han Stanton
PERKINS COIE LLP
1201 THIRD AVENUE,
SUITE 4900
SEATTLE, WA, 98101
Reference/Docket No.
132511-4000
Correspondence Email
Address:
pctrademarks@perkinscoie.com
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.
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 incurring
this additional fee.
This non-final action addresses applicant’s response of November 12, 2019. Applicant must address the new issue(s) below.
Registration is refused because the applied-for mark is a slogan or term that does not function as a trademark or service mark to indicate the
source of applicant’s goods and/or services and to identify and distinguish them from others. Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C.
§§1051-1053, 1127. In this case, the applied-for mark is an informational social, political, religious, or similar kind of message that merely
conveys support of, admiration for, or affiliation with the ideals conveyed by the message. See In re Hulting, 107 USPQ2d 1175, 1177-79
(TTAB 2013) (holding NO MORE RINOS!, a slogan meaning “No More Republicans In Name Only,” not registrable for a variety of paper
items, shirts, and novelty buttons because the mark would be perceived merely as a commonly used political message); In re Eagle Crest, Inc., 96
USPQ2d 1227, 1229-31 (TTAB 2010) (holding ONCE A MARINE, ALWAYS A MARINE not registrable for clothing items because the mark
would be perceived merely as an old and familiar military expression); TMEP §1202.04(b).
Terms and phrases that merely convey an informational message are not registrable. See In re Eagle Crest, Inc., 96 USPQ2d at 1229.
Determining whether a term or phrase functions as a trademark or service mark depends on how it would be perceived by the relevant public. In
re Eagle Crest, Inc., 96 USPQ2d at 1229; In re Aerospace Optics, Inc., 78 USPQ2d 1861, 1862 (TTAB 2006); TMEP §1202.04.
Here, applicant’s website plainly states that the mark is a political / social statement, namely, a “movement that aims to create a cultural shift
around voting and civic engagement by unifying around a central truth; our democracy works best when we all participate.” Put differently,
applicant’s mark states something about the individual, namely, that they are a voter rather than identify the source of the goods and services in
the marketplace.
An applicant may not overcome this refusal by amending the application to seek registration on the Supplemental Register or asserting a claim of
acquired distinctiveness under Section 2(f). TMEP §1202.04(d); see In re Eagle Crest, Inc., 96 USPQ2d at 1229. Nor will submitting a
substitute specimen overcome this refusal. See TMEP §1202.04(d).
/Siddharth Jagannathan/
Siddharth Jagannathan
Trademark Examining Attorney
USPTO, Law Office 114
571-272-6563 (phone)
Siddharth.Jagannathan@uspto.gov
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
circumstances could affect an applicant’s ability to timely respond.
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.
If needed, find contact information for the supervisor of the office or unit listed in the signature block.
To: IAAV Holdings LLC (pctrademarks@perkinscoie.com)
Subject: U.S. Trademark Application Serial No. 88342925 - I AM A VOTER. - 132511-4000
Sent: December 12, 2019 07:01:11 PM
Sent As: ecom114@uspto.gov
Attachments:
Your trademark application has been reviewed by a trademark examining attorney. As part of that review, the assigned attorney has
issued an official letter that you must respond to by the specified deadline or your application will be abandoned. Please follow the
steps below.
(2) Direct questions about the contents of the Office action to the assigned attorney below.
/Siddharth Jagannathan/
Siddharth Jagannathan
Trademark Examining Attorney
USPTO, Law Office 114
571-272-6563 (phone)
Siddharth.Jagannathan@uspto
Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your
application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center
(TAC).
(3) Respond within 6 months (or earlier, if required in the Office action) from December 12, 2019, using the Trademark Electronic
Application System (TEAS). The response must be received by the USPTO before midnight Eastern Time of the last day of the
response period. See the Office action for more information about how to respond
GENERAL GUIDANCE
· Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid
missing critical deadlines.
· Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your
application.
· Beware of misleading notices sent by private companies about your application. Private companies not associated with
the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices –
most of which require fees. All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)
Application serial no. 88342925 I AM A VOTER. (Stylized and/or with Design, see https://tmng-al.uspto.gov /resting2/api/img/8834292 5/large)
has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence has been attached: Office Action Response, including Exhibits A-1, A-2, B, C and D
Original PDF file:
evi_1-19822100222-2020061 2161942980289_._I_AM_A_VO TER_OAR.pdf
Converted PDF file(s) ( 57 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6
Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14
Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22
Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30
Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38
Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44Evidence-45Evidence-46
Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51Evidence-52Evidence-53Evidence-54Evidence-55Evidence-56Evidence-57
Original PDF file:
evi_19822100222-202006121 61942980289_._Exhibits_C- D.pdf
Converted PDF file(s) ( 28 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6
Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14
Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22
Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28
Proposed: IAAV Holdings LLC, a limited liability company legally organized under the laws of Delaware, having an address of
10866 Wilshire Blvd, 10th Floor
Los Angeles, California 90024
United States
Email Address: XXXX
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).
SIGNATURE(S)
Response Signature
Signature: /Colleen M. Ganin/ Date: 06/12/2020
Signatory's Name: Colleen M. Ganin
Signatory's Position: Attorney of record, Washington State bar member
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.
OVERVIEW
PUB INFORMATION
FILING BASIS
66A NO 66A NO
NO BASIS NO NO BASIS NO
MARK DATA
CITIZENSHIP Delaware
DESCRIPTION TEXT Providing information regarding political issues, knowing how to vote and knowing
how to register to vote; Promoting public awareness of the need for educating people
about issues that affect them and encouraging people to participate in the political
process by registering, voting and speaking out
INTERNATIONAL 014 FIRST USE DATE 06/01/2018 FIRST USE IN 08/17/2018 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
INTERNATIONAL 025 FIRST USE DATE 06/01/2018 FIRST USE IN 08/17/2018 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
INTERNATIONAL 035 FIRST USE DATE 06/01/2018 FIRST USE IN 08/17/2018 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
MISCELLANEOUS INFORMATION/STATEMENTS
CHANGE IN REGISTRATION NO
DESCRIPTION OF MARK The mark consists of the stylized words "I AM A VOTER" with the word "VOTER"
underlined and a period following "VOTER".
PROSECUTION HISTORY
04/04/2019 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002
By submission of this request, the applicant hereby expressly abandons the application for trademark registration made under the serial number
identified above. Except as provided in 37 C.F.R Section 2.135. (concerning the commencement of an opposition, concurrent use, or interference
proceeding), the fact that an application has been expressly abandoned shall not, in any proceeding in the United State Patent and Trademark
Office, affect any right that the applicant may have in the mark which is the subject of the abandoned application.
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.
On July 16, 2020, you filed a request to expressly abandon your application. Your application is now abandoned and we will take no further action on it.
For questions about this notice, contact the Trademark Assistance Center at 1-800-786-9199 (select option 1) or at TrademarkAssistanceCenter@uspto.gov.
View this notice and other documents for this application online in the Trademark Status and Document Retrieval (TSDR) database.