To:
`Subject:
`Sent:
`Sent As:
`
`Ashly Valenzuela(ashly@avlegalent.com)
`U.S. Trademark Application Serial No. 97754620 - ASPECT ZAVI
`October 18, 2023 07:27:54 PM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.  97754620
`
`Mark:   ASPECT ZAVI
`
`Correspondence Address:  
`ASHLY VALENZUELA
`AV LEGAL & ENTERTAINMENT
`108
`901 N. FAIRFAX AVE.
`WEST HOLLYWOOD CA 90046
`UNITED STATES
`
`Applicant:   Za'Vier M. James
`
`Reference/Docket No.  N/A
`
`Correspondence Email Address:   ashly@avlegalent.com
`
`
`
`
`
`
`NONFINAL OFFICE ACTION
`
`Response deadline.  File a response to this nonfinal Office action within three months of the “Issue
`date” below to avoid abandonment of the application. Review the Office action and respond using one
`of the links to the appropriate electronic forms in the “How to respond” section below.
`
`Request an extension.  For a fee, applicant may request one three-month extension of the response
`deadline prior to filing a response. The request must be filed within three months of the “Issue date”
`below. If the extension request is granted, the USPTO must receive applicant’s response to this letter
`within six months of the “Issue date” to avoid abandonment of the application.
`
`Issue date:   October 18, 2023
`
`
`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.
`
`
`

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`SEARCH OF USPTO DATABASE OF MARKS
`
`The trademark examining attorney has searched the USPTO database of registered and pending marks
`and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15
`U.S.C. §1052(d); TMEP §704.02.
`
`SUMMARY OF ISSUES:
`
`
`•
`•
`•
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`Section 2(c) Refusal – Name of a Living Individual
`Domicile Address Required
`Processing Fee Required – Considered TEAS Standard Application
`
`
`SECTION 2(c) REFUSAL – NAME OF A LIVING INDIVIDUAL
`
`Applicant must provide a written consent to register the name/pseudonym appearing in the mark,
`personally signed by the named individual.  15 U.S.C. §1052(c); TMEP §§813, 1206.04(a).
`Specifically, the specimen indicates the mark is a name or pseudonym.
`
`To register a mark that includes or comprises the name of a particular living individual, including a first
`name, pseudonym, stage name, or nickname, an applicant must provide the individual’s written consent
`to register the name, personally signed by the named individual.  15 U.S.C. §1052(c); TMEP §§813,
`1206.04(a). 
`
`Consent to register the name of a particular individual identified in a mark is presumed only when that
`particular individual signed the application.  TMEP §1206.04(b) (citing Alford Mfg. Co. v. Alfred
`Elecs., 137 USPQ 250, 250 (TTAB 1963), aff’d, 333 F.3d 912, 142 USPQ 168 (C.C.P.A. 1964); Ex
`parte Dallioux, 83 USPQ 262, 263 (Comm’r Pats. 1949)).  In this case, although the name in the mark
`identifies the name of the individual applicant, the individual did not sign the application and the
`application does not include a personally signed written consent from the individual. 
`
`Accordingly, applicant must submit both of the following: 
`
`
`(1)   A statement identifying the actual name of the individual and indicating that the name in the
`mark identifies this individual.  TMEP §§813.01(a), 1206.04(a). 
`
`The following format is suggested:  “ The name shown in the mark identifies <specify actual
`name>, a living individual whose consent to register is made of record.”    
`
`If the name is a pseudonym, stage name, or nickname, the following format is suggested: 
`“ASPECT ZAVI identifies <specify actual name>, a living individual whose consent to
`register is made of record.” 
`
`AND
`
`(2)   A written consent for applicant to register the name, personally signed by the named
`individual.  
`
`The following format is suggested:  “ I, <specify name>, consent to the registration of my
`name, ASPECT ZAVI, as a trademark and/or service mark with the USPTO.”
`
`

`

`
`For an overview of the requirements for names appearing in marks, and instructions on how to satisfy
`the above requirements using the online Trademark Electronic Application System (TEAS) response
`form, see the Name or Likeness of a Particular Living Individual in a Trademark webpage.  
`
`DOMICILE ADDRESS REQUIRED
`
`Domicile address cannot be accepted.  Applicant must provide its current domicile street address
`because the domicile address of record is for a U.S. third-party commercial mail receiving agency (a
`private business that accepts mail from the U.S. Postal Service on behalf of third parties), as identified
`by the U.S. Postal Service Coding Accuracy Support System (CASS), and is not acceptable for an
`individual applicant.  That is, this address is not an acceptable type of domicile address as it does not
`identify applicant’s permanent legal place of residence.  See 37 C.F.R. §§2.2(o)-(p), 2.11(b), 2.189;
`TMEP §601.01(b)(1).  All applications must include an applicant’s domicile address.  See 37 C.F.R.
`§§2.32(a)(2), 2.189. 
`
`Response option(s)
`
`Applicant must provide an acceptable domicile street address; that is, the location where applicant
`resides and intends to be applicant’s principal home.  See 37 C.F.R. §§2.2(o)-(p), 2.32(a)(2), 2.189;
`TMEP §803.05(a). 
`
`If applicant cannot provide a domicile street address due to an extraordinary situation, applicant may
`file a petition to the Director to request the Director waive this requirement.  See 37 C.F.R.
`§§2.146(a)(5), 2.148.  The petition must include the required fee as well as (a) a verified statement of
`facts explaining the extraordinary situation, and (b) the state, or foreign equivalent, and country of
`applicant’s domicile, to determine whether applicant must be represented by a U.S.-licensed attorney. 
`See 37 C.F.R. §§2.11(a)-(b), 2.146(c)(1); TMEP §601.  However, filing a petition is not considered a
`response to an Office action.  See 37 C.F.R. §2.146(g); TMEP §§711, 1705.06.  Applicant must still file
`a timely response to this Office action to avoid abandonment of the application.  The response should
`indicate that a petition has been filed, specify the reason(s) for filing the petition (e.g., to request a
`waiver of the domicile address requirement), and request suspension of the application pending
`disposition of the petition.  See TMEP §§716.02, 1705.06.
`
`Instructions for responding
`
`To provide applicant’s domicile street address.  After opening the correct Trademark Electronic
`Application System (TEAS) response form and entering the serial number, (1) answer “yes” to question
`5 and click “Continue;” (2) on the “Owner Information” page, in the “Domicile Address” fields,
`uncheck the box stating the domicile and mailing address are not the same; and (3) below the checkbox
`provide applicant’s domicile street address.  The address provided in the “Domicile Address” fields
`will be hidden from public view.  However, any street address listed in the “Mailing Address” fields
`will be publicly viewable.
`
`PROCESSING FEE REQUIRED – CONSIDERED TEAS STANDARD APPLICATION
`
`Processing fee required.  Applicant must submit an additional processing fee of $100 per class
`because the application as originally filed did not meet the TEAS Plus application filing requirements. 
`See 37 C.F.R. §2.22(c); TMEP §§819.01-.01(q), 819.03.  Specifically, applicant failed to meet the
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`

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`following requirement(s):  a consent to register the mark from the person identified in the mark (or
`conversely, if appropriate, a statement that the name or portrait in the mark does not identify a living
`individual) was not provided. 
`
`The additional processing fee is required regardless of whether applicant satisfies these application
`requirements.
`
`Accordingly, the application will no longer be treated as TEAS Plus; it is now considered a TEAS
`Standard application.  See 37 C.F.R. §2.22(c); TMEP §819.03.
`
`
`HOW TO RESPOND.   File a response form to this nonfinal Office action or file a request form
`for an extension of time to file a response.  
`
`
`/John LaMont/
`Examining Attorney
`LO123--LAW OFFICE 123
`(571) 270-0404
`John.LaMont@USPTO.GOV
`
`
`
`RESPONSE GUIDANCE
`
`•
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`•
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`•
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`Missing the deadline for responding to this letter will cause the application to abandon.  A
`response or extension request must be received by the USPTO before 11:59 p.m. Eastern Time
`of the last day of the response deadline.  Trademark Electronic Application System (TEAS)
`system availability could affect an applicant’s ability to timely respond.  For help resolving
`technical issues with TEAS, email TEAS@uspto.gov.
`
`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.
`
`

`

`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on October 18, 2023 for
`U.S. Trademark Application Serial No.  97754620
`
`A USPTO examining attorney has reviewed your trademark application and issued an Office
`action.  You must respond to this Office action to avoid your application abandoning.  Follow
`the steps below.  
`
`(1)   Read the Office action.  This email is NOT the Office action.  
`
`(2)  Respond to the Office action by the deadline using the Trademark Electronic Application
`System (TEAS).  Your response, or extension request, must be received by the USPTO on or
`before 11:59 p.m. Eastern Time of the last day of the response deadline.  Otherwise, your
`application will be abandoned.  See the Office action itself regarding how to respond.  
`
`(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the
`application process, the status of your application, and whether there are outstanding deadlines
`to the Trademark Assistance Center (TAC).  
`
`After reading the Office action, address any question(s) regarding the specific content to the
`USPTO examining attorney identified in the Office action.  
`
`GENERAL GUIDANCE
`Check the status of your application periodically in the Trademark Status &
`•
`Document Retrieval (TSDR) database to avoid missing critical deadlines.  
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`•
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`•
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`Update your correspondence email address to ensure you receive important USPTO
`notices about your application.  
`
`Beware of trademark-related scams .  Protect yourself from people and companies that
`may try to take financial advantage of you.  Private companies may call you and pretend
`to be the USPTO or may send you communications that resemble official USPTO
`documents to trick you.  We will never request your credit card number or social security
`number over the phone.  Verify the correspondence originated from us by using your
`serial number in our database, TSDR, to confirm that it appears under the “Documents”
`tab, or contact the Trademark Assistance Center.  
`
`•
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`Hiring a U.S.-licensed attorney .   If you do not have an attorney and are not required to
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`have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney
`specializing in trademark law to help guide you through the registration process.  The
`USPTO examining attorney is not your attorney and cannot give you legal advice, but
`
`rather works for and represents the USPTO in trademark matters.   
`
`