IN THE UNITED STATES PATENT AND TRADEMARK OFFICETRADEMARK LAW OFFICE 114 )In re TRADEMARK application of: )Firehouse Restaurant Group, Inc. ) Trademark Attorney: )Serial No.:
78/224,462 ) Vivian Micznik FirstFiled: March 12, 2003 )Mark: FIREHOUSE ) Law Office 114______________________________________) _____________________________________________________ Certificate of
Transmission I hereby certify that this correspondence is being transmitted by electronic mail to the United States Patent and Trademark Office on the date shown below.(Typed or Printed Name of
Person Signing Certificate): Richard S. Vermut (Signature): /Richard S. Vermut/ Date of e-mail: March 2, 2004 ______________________________ Box ResponsesNO FEECommissioner for Trademarks2900 Crystal
DriveArlington Virginia 22202-3514Ecom114@uspto.gov RESPONSE TO FIRST OFFICE ACTION AND AMENDMENT Sir: In response to the First Office Action e-mailed September 4, 2003, please amend the application
as follows: 1. OWNERSHIP OF PRIOR REGISTRATION Applicant is the owner of registration numbers 1,983,934, 2,606,263, 1,903,135 and others. 2. CLASSIFICATION OF SERVICES Please amend the classification
of services from International Class 042 to International Class 043. REMARKS This amendment is submitted in response to the First Office Action e-mailed September 4, 2003. Applicant supports its
amendments and responds to the Examiner's requirements as follows: 1. Ownership of Prior Registrations As requested by the Examiner, Applicant has amended the Application to submit a claim of
ownership pursuant to 37 C.F.R. § 2.36 and T.M.E.P. § 2.59(a) and 2.71(c). 2. Classification of Services Applicant has amended the application to classify the services in International Class 043 as
requested by the Examiner. 3. Suspension of Application The examiner has cited pending application serial numbers 76/484,312 (FIREHOUSE SALOON); 76/494,872 (THE FIRKIN AND PHEASANT FIRKIN FREEHOUSE);
and 76/432,062 (FIREHOUSE 47 BAR & GRILL) and asserted there may be a likelihood of confusion between the Applicant's mark and the marks in those applications if they should issue. Applicant
respectfully requests that this Application be suspended pending the disposition of those applications. However, the Applicant respectfully requests the Examiner's reconsideration of pending
application serial number 76/494,872 for the mark "THE FIRKEN AND PHEASANT FIRKIN FREEHOUSE (and logo)", as that mark does not contain the mark "FIREHOUSE" or any words or images similar thereto.
Presumably, the word "FREEHOUSE" is descriptive as it has been disclaimed in application serial number 76/494,872 and in three other applications and registrations of that same applicant. See
application serial numbers 76/494,872 and registration numbers 2,737,073 and 2,737,074. Applicant respectfully reserves the right to submit arguments over the three pending applications in the event
any of those applications should issue into a registration. WHEREFORE, Applicant respectfully requests that the foregoing Application be amended to reflect the amendments set forth herein, the
potential conflict based upon serial number 76/494,872 be withdrawn and the Application be suspended pending the outcome of the remaining prior pending applications cited by the Examiner.
Respectfully Submitted,Dated: March 2, 2004 /Richard S. Vermut/ Richard S. Vermut Registration No. 41,362 ROGERS, TOWERS P.A.1301 Riverplace BoulevardSuite 1500Jacksonville, Florida 32207(904)
346-5573(904) 398-4461 (fax)Rvermut@rtlaw.com Attorney for Applicant
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