To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Paul Davis Cooper (pauldaviscooper@gmail.com)
`
`U.S. TRADEMARK APPLICATION NO. 88033113 - STATESMAN LAW GROUP - N/A
`
`10/30/2018 4:01:48 PM
`
`ECOM101@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*88033113*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION
`SERIAL NO.   88033113
`
`           
`
`MARK: STATESMAN
`LAW GROUP
`
`CORRESPONDENT
`ADDRESS:
`  
`       PAUL DAVIS
`COOPER
`  
`       13577 MANDARIN
`CIR
`         NAPLES, FL 34109
`
`              
`    
`
`   
`APPLICANT: Paul Davis
`Cooper
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`   
`
`  N/A
`CORRESPONDENT E-
`
`NO:       
`MAIL ADDRESS:       
`
`pauldaviscooper@gmail.com
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   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.
`
`ISSUE/MAILING DATE: 10/30/2018
`
`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`
` 
` 
` 
` 
` 
` 
` 
`  
` 
`

`

`the issue below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`SEARCH OF OFFICE’S DATABASE OF MARKS
`
`The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
`would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).
`
`TRADEMARK ACT, SECTION 2(B) REFUSAL
`
`Registration is refused because the applied-for mark includes a simulation of the flag of the United States.  Trademark Act Section 2(b), 15
`U.S.C. §1052(b); see TMEP §1204.  Trademark Act Section 2(b) bars registration of marks that include simulations of the flag, coat of arms, or
`other insignia of the United States, any state or municipality of the United States, or any foreign nation.  TMEP §§1204, 1204.01(a).
`
`A simulation refers to “something that gives the appearance or effect or has the characteristics of an original item.”   In re Family Emergency
`Room LLC, 121 USPQ2d 1886, 1887 (TTAB 2017) (quoting In re Advance Indus. Sec., Inc., 194 USPQ 344, 346 (TTAB 1977)); TMEP §1204. 
`Whether the relevant matter in the mark is a simulation is determined by a visual comparison of the mark and the actual flag, coat of arms, or
`other insignia in question.  See In re Family Emergency Room LLC, 121 USPQ2d at 1887 (citing In re Advance Indus. Sec., Inc., 194 USPQ at
`
`346); TMEP §1204.  
`
`When comparing the mark and the actual flag, coat of arms, or other insignia, the focus is on the relevant purchasers’ general recollection of the
`flag, coat of arms, or other insignia, “without a careful analysis and side-by-side comparison.”  
`In re Family Emergency Room LLC, 121
`USPQ2d at 1888 (quoting In re Advance Indus. Sec., Inc., 194 USPQ at 346).  The public should be considered to retain only a general or overall,
`rather than specific, recollection of the various elements or characteristics of design marks.  See In re Advance Indus. Sec., Inc., 194 USPQ at
`
`346.  
`
`The following factors are considered when determining whether a design in a mark would be perceived as a flag, coat of arms, or other insignia
`
`of the United States, any state or municipality of the United States, or any foreign nation:  
`
`(1)           
`
`The colors, if any, that appear in the design;
`
`(2)           
`
`The presentation of the mark, such as any stylization of the design and its relationship to other elements in the mark;
`
`(3)           
`
`The presence of any words or other designs on the drawing; and
`
`(4)      
`
`The use of the mark on the specimen(s), if one is provided, or in the record.  
`TMEP §1204.01(a) (citing In re Family Emergency Room LLC, 121 USPQ2d at 1888).   
`
`The attached evidence from Encyclopedia Britannica shows the flag from the United States.  The applied-for mark includes this particular
`designation.  Thus, the applied-for mark includes the actual flag of the United States, in violation of Section 2(b).  The evidence was found using
`the GOOGLE search engine at the following:
`
`https://www.britannica.com/topic/flag-of-the-United-States-of-America
`
`The public would perceive the design in the mark as the flag of the United States because it contains the same number of stars and stripes
`arranged in the same manner as the U.S. flag. As no claim is made to color in the applied-for mark, it is presumed that the flag depicted in the
`applied-for mark could be displayed in the same colors as the U.S. flag.  However, even if the flag is   displayed is black and/or white (as in the
`specimen of use), the flag contains the unmistakable features of the U.S. flag.   This is also true despite the “waving” appearance of the flag and
`the fact that it is held by a horse rider. The public would unequivocally perceive the design in the mark as the flag of the United States.
`
`Based on the foregoing, registration is refused under Trademark Act, Section 2(b).
`
`Trademark Act Section, 2(b) is an absolute bar to registration on the Principal and Supplemental Registers.  Trademark Act Sections 2(b) and
`23(a), (c), 15 U.S.C. §§1052(b), 1091(a), (c); see TMEP §§1204, 1204.04(a).
`
`  
` 
`  
` 
` 
` 
` 
` 
` 
`  
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` 
`

`

`Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in
`support of registration.
`
`CLOSING
`
`If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail
`communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this
`Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 
`Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this
`Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02,
`709.06.
`
`    
`
`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.     
`
`/Jean H. Im/
`Trademark Examining Attorney
`Law Office 101
`U.S. Patent and Trademark Office
`571-272-9303
`jean.im@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/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
`  
` 
` 
` 
` 
` 
`  
`

`

`nttDs //vwvw brltannloe com/too1c/tleueotetheeUnltedeStateseoteAmenca
`
`10/30/2018 03 42 :50 PM
`
`ENCYCLOPEDIA BRITANNICA
`Lee 11-1 mm
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`Flag of the United States of America
`WRITTEN BY Marc Leepsun, Whitney Smith
`See Article History
`
`Alternative 'fitles: Old Grow, Star-Spangted Banner Stars and Stripes
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`Betsy Ross
`
`national llag Consisting of white stars (50 Since july 4, 1960) on a blue canton mm a field Dr 13 alternating Snipes, 7 red and 6 whlle, The 50 stars sland fer the 50 slates or the union, and the 13 stripes stand for
`the original 13 states The flags widthetoelength rallo is 10 to 19
`
`After the American Revolution began, the first, unofficial national flag—known as the Continental Colours (or, sometimes, as the Grand Union Flag, the Cambridge Flag, the Somewille Flag,
`
`or the Union Flag)—was hoisted on a towering TEE-toot (ZS-metre) liberty pole at Prospect Hill in Charlestown (now in Sumewllle), Massachusetts, on January 1. 1776: it was raised at the
`behest of Gen. George Washington. whose headquarters were nearby. The flag had 13 horizontal stripes (probably of red and whlle or of red, white, and blue) and, in the canton, the first
`version o! the British Union Flag (Union Jack). As the flag otthe Continental Army, it flew at forts and on naval vessels. Another poputar ealty flag. that ofthe 1765 Sons of Liberty, had only
`nine red and white stripes. Various versions of “Don‘t Tread on Me" coiled-rattlesnake flags appeared on many 18th-century American coton‘ral banners. including several flown by military
`.mua amt.“ u... ammunnmmm w.“ Ti... Irnrninn “Wine 1“. “u. n1;~.+......... A: mummy" 5mm». mini":a c" "an...” innlllr‘nn‘ mu mm. 1a.. ”winner". “,4 11M unhnu Tran/4 m. Mn" "Mun
`
`'
`-
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`flag
`Flags of the United Slales
`GreatSeal ulthe United States
`Knight v. Board of Regents of the
`UNVQVSW 0' me State 0’ New mm
`
`' Sjgggryaasafigiw'd Of
`
`

`

`A [DE ALL
`
`Es
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`IMILAR TOPlCS
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`Flag of Nepal
`Flag of lndia
`Flag of Canada
`Flag of Australia
`Flag of Germany
`Flag of France
`Flag of New Zealand
`Flag of Italy
`
`Flag of the United Kingdom
`FlagofMexico
`
`nttDs //vwvw bntannloa corn/tooic/flaoeofetneeUnitedeStateseofrArnenca
`
`i0/30/20i8 0:5 42 :50 PM
`
`units during the Revolutionary War. The version carried by the Minutemen of Culpeper County, \flrginia, for example, included not only the rattlesnake and the “Don’t Tread on Me" motto
`but also Virginia patriot Patrick Henq‘s famous words 'Liberty or Death.“
`
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`
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`DONT TREAD ON ME
`
`The first official national flag, torrnally approved by the Continental Congress on June 14, 1777, was the Stars and Stripes. That first Flag Resolution read, in toto. “Resolved. that the flag of
`the United States he thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field representing a new constellation." The layout of the stars was left
`undefined, and many patterns were used by 'llag makers. The designer of the flagmost likely Congressman Francis Hopkinson, a signer ofthe Declaration oflndependence from
`Philadelphia—may have had a ring of stars in mind to symbolize the new constellation. Today that pattern is popularly known as the “Betsy Ross fqu," although the widely circulated story
`that she made the first Stars and Stripes and came up with the ring pattern is unsubstantiated. Rows of stars (4-5-4 or 3-2-3-2-3) were common, but many other variations also existed. The
`new Stars and Stripes tanned part ofthe military colours carried on September 11. 1777, at the Battle ofthe Brandywine, perhaps its first such use.
`
`
`
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`httDs //vwvw britannica corn/tooic/fladioiitheiunitediStatesioflAmerica
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`10/30/2018 03 42 :50 PM
`
`[Hi
`
`The Stars and Stripes changed on May 1. 1795, when Congress enacted the second Flag Resolution, which mandated that new stars and stripes be added to the flag when new states
`were admitted to the Union. The first two new states were Vermont (1791) and Kentucky (1792). (One such flag was the 1,260—square-foot [117-square-metre] “star-Spangled Banner."
`made by Mary Pickersgill, that Francis Scott Key saw at Fort Mc Heng: in September 1814. which inspired him to write the patriotic poem that later supplied the lyrics of the national anthem.)
`In 1318, after five more states had been admitted, Congress enacted the third and last Flag Resolution, requiring that henceforth the number of stripes shouid remain 13, the number of
`stars should always match the number 01 states, and any new star should be added on the July 4 following a state’s admission. This has been the system ever since. In all. fi'orn 1777 to
`
`1960 (alter the admission 01 Hawaii in 1959), there were 27 versions 0! the flag—25 invotving changes in the stars only. An executive order signed by Pres. William Howard Taft on October
`29, 1912, standardized tor the first time the proportions and relative sizes of the elements of the flag; in 1934 the exact shades of colour were standardized.
`
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`ntlos //vwvw brltannlca corn/toolc/flaoaofatheaunltedaStatesaoflAmerlca
`
`10/30/2018 03 42 :50 PM
`
`Ill
`
`There is no oflicial assignment of meaning or symbolism to the colours of the flag. However. Charles Thomson, secretary of the Continental Congress. in describing the proposed Great
`Seal of the United States. suggested the following symbolism: ‘White signifies purity and innocence, Red. hardiness & valour. and Blue...signifies vigilence [sic]. perseverence [sic] a.
`justice." As with many other national flags, the Stars and Stripes has long been a focus of patriotic sentiment. Since 1892, millions of children have recited the Pledge of Allegiance to the
`fig at the start of each school day, and the lyrics of the national anthem are also concerned with the tlag. After the U.S. Supreme Court ruled in 1989 that all flag desecration laws were
`unconstitutional, some vetemns' and patriotic groups pressured legislators to adopt laws or a constitutional amendment prohibiting flag desecration. Such legislation has been opposed on
`the grounds that it would infringe on the constitutionally guamnteed First Amendment freedom ot expression
`
`During the American Civil War, the Confederate States ofAmerica began to use its first flag, the Stars and Bars, on March 5. 1861. Soon after. the first Confederate Battle Flag was also
`flown. The design 0! the Stars and Bars varied overthe tollowing two years. On May 1. 1863. the Confederacy adopted its first official national flag. often called the Stainless Banner. A
`modification of that design was adopted on March 4. 1865. about a month before the end of the war. In the latter part ofthe 20th century. many groups in the South chaltenged the practice
`of flying the Confederate Battle Flag on public buildings. including some state capitols. Proponents of the tradition argued that the flag recalled Southern heritage and wartime sacrifice.
`whereas opponents saw it as a symbol at racism and slavery. inappropriate tor official display.
`
`_ Australlan Popular MuSlC
`HISTORY Llsr
`
`Weapons ufWorld War l
`
`SPORTS s RECREATION
`nulz
`
`Australian Open
`Hls‘ron LIST
`Battles or World Warl
`
`E V
`
`
`
`
`
`
`
`

`

`
`
`nuns //vwvw bmannloa com/tooic/flaqsofstnesUnitedsSIatessofsAmenca 10/30/2018 03 42 :50 PM
`
` _J
`
`Conledarale Ballle Flag
`The ‘Soulhem Class" velslon ofIhe Cnnfederate Battle Flag
`
`Stainless Ealuler
`The Stamiess Barman firs! amclal naucmal flag Dime Confederale Siaies oi Alnenca
`
`Whitney Smith
`Marc Leepson
`
`
`LEARN MORE in these related Britannica articles:
`
`Beflsy Ross
`nm only made lhe filst Siars and Slripesat George Washinglun’s behesl hul also helped design IL Canby based his paper on slones lhal he had heard lrorn iamliy members, along wlln his own
`— memun'es of his glandmotner's tales of her invoivemenl in making flags.. ..
`
`Francis Hopkinson
`Anal he helped deslgn me American flag, the US, (Douglass, howevel, milled dawn nls peminll fur paymenl, asserting mat omels nad cnnlribuled Lu Ina deslgm ,
`
`Despite ils sirnilarily to me u s llag, no change has been made in lne Liberian flag in are subsequenl century and a half, although several people have made suggeslionslor designs more In
`— ,
`E flag Di Liberia
`_ keeplng wnll mose uf(liner Aincan nounlrles,,
`
`

`

`nuns //vwvw britannioa com/tooic/flaqeofetheeUnitedeStateseoflAmerica
`
`10/30/2018 03 42 :50 PM
`
`Texas v. Jnhnsan
`, ihai the burning enhe us flag was a Conslimtinnally protected iorrrr ai speech under the us Cunsmuu'un‘s First Amendment,
`
`Flag Day
`, a day honouring the national flag‘ observed on June 14, The holiday commemorates the date in 1777 when the United States approved the designior IE first nahorrai flag,,,
`
`
`ADDI110NAL MEDIA
`
`VIEWALLMEDIA
`
`MORE ABOUT Flag of the United States of America
`6 REFERENCES FOUND IN BRITANNICA ARTICLES
`
`Assorted Referenm
`first use at Bnund Brook
`(In Bound Black)
`Flag Day
`(In Flag Dy)
`flag at Liberia
`(In flag of Liberia)
`Texas v. Jamison
`(In Texas v Johnson)
`contribution uf
`Hopkinscin
`(In Francis Hagianson)
`Ross
`(In Betsy Ross)
`
`
`EXTERNAL WEBSITES
`
`A n'ru-I I: u IE‘I'ADV
`
`

`

`m mms
`
`HDLIRS
`
`Mm
`
`SP'VL'Emgl‘I’ILCBERJEE‘N-I‘
`
`nuns //vwvw bmannloa com/toowc/flaniofitheiumtediStatesioflAmenca
`
`10/30/2018 03 42 :50 PM
`
`AR11CLE HISTORY
`
`AR11CLE CONTRIBUTORS
`
`Visitthe Spy Museum ms
`before it relocates.
`
`KEEP EXPLORING BRITAN NICA
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` Abraham Lincoln
`
`
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`|6III
`Aludlldlll LillLUlil‘
`ptesldenl olthe Uniled Scales
`(135145), who preserved the
`Union during me Augean ,,
`READ I’HIS
`
`'-
`
`

`

`nuns //vwvw bmannloa com/toowc/flaniofitheiumtediStatesioflAmenca
`
`10/30/2018 03 42 :50 PM
`
` Donald Trump
`
`Dunala Tmmp, 45m presinem
`or me Unned $12125 (2017*)
`Tmmp was a realfilam
`developer am! businésman,,,
`READ IHIs
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`WDI'K} War I. an Imemalmnal
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`embroiled "1051 Onfle I'IB‘IDI'IS
`or Europe along ,
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`before it relocates.
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`
`PartnErPrugram
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`Us
`
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Paul Davis Cooper (pauldaviscooper@gmail.com)
`
`U.S. TRADEMARK APPLICATION NO. 88033113 - STATESMAN LAW GROUP - N/A
`
`10/30/2018 4:01:50 PM
`
`ECOM101@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 10/30/2018 FOR U.S. APPLICATION SERIAL NO. 88033113
`
`Your trademark application has been reviewed.  The trademark examining attorney assigned by the USPTO to your application has written an
`official letter to which you must respond.  Please follow these steps:
`
`(1)  READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking
`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)  RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 10/30/2018, using the Trademark Electronic
`Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.  A response transmitted through
`TEAS must be received before midnight Eastern Time of the last day of the response period.
`
`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.  
`
`(3)  QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your
`
`application, identified below.  
`
`/Jean H. Im/
`Trademark Examining Attorney
`Law Office 101
`U.S. Patent and Trademark Office
`571-272-9303
`jean.im@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.  
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`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
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`“fees.”   
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`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.
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