Response to Office Action

PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78502967 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Dear Examining Attorney:

In response to the Office Action dated May 25, 2005 ("Office Action"), Applicant RED Development, LLC respectfully requests that the Examining Attorney consider the following response. 

RESPONSE TO TRADEMARK ACTION

I.          Discussion

In the above referenced application, Applicant RED Development, LLC seeks to register on the Principal Register of the U.S. Trademark Office its LEGENDS mark & design (the "Mark") as the source-identifier for its services: shopping center services namely, leasing and management of mall space (hereinafter "Applicant RED Development, LLC's Services").

           

            1.         The Requirement that Applicant Provide Certain Business Information

 

The Application, as originally filed, listed RED Speedway, Inc. (a corporation organized under the laws of the State of Kansas).  But the entire interest in the Application, by means of a written agreement which was filed along with the Application, was assigned to RED Development, LLC.  Said assignment agreement was later recorded on February 10, 2005, at Reel/Frame No. 3026/0608.  

Pursuant to TMEP §§803.03(c), (h), and 803.04, the Office Action, in part, required certain business information of Applicant RED Development, LLC.  In response to this requirement, Applicant RED Development, LLC respectfully provides the following business information:

 

            Applicant RED Development, LLC is a limited liability company

            established under the laws of the State of Missouri.

 

 

            2.         The Requirement of Submitting Substitute Specimens that Show the Uses of                              the Mark for Applicant RED Development, LLC's Services  

 

The Office Action also required that pursuant to TMEP §§1301.04 et seq, Applicant RED Development, LLC submit a substitute specimens that show the uses of the Mark for Applicant RED Development, LLC's Services.  Enclosed with this response is such a substitute specimen.            

 

The substitute specimen is a complete copy of Applicant's advertising  materials that are generally presented to potential tenants at various United States shopping centers/malls to which Applicant has or is about to render its services in leasing and management of mall space.  This substitute specimen includes the inside front cover page which was submitted as part of the Application as originally filed.  The inside front cover page states that "? Any investment or leasing decision should be based on the recipient of this report's own due diligence." Such a statement, in conjunction with the presence of the mark LEGENDS & Design, also on the inside front cover page, as well as taken in context with the rest of the advertising materials, demonstrates Applicant's use of the mark LEGENDS & Design as a source-identifier for its services in the capacity as a facilitator in leasing and managing mall space.

The substitute specimen, pursuant to 37 C.F.R. §2.20,  is additionally accompanied by a signed declaration that verifies the uses of the Mark for Applicant RED Development, LLC's Services at least as early as October 20, 2004 (the filing date of the Application).

 

II.        Conclusion

            Based on the foregoing, Applicant RED Development, LLC respectfully requests that the Examining Attorney withdraw her refusal in the Office Action.  If the Examining Attorney has any questions regarding the Application, and/or this response, or if she believes that an interview will advance the Application, she is encouraged to contact the undersigned at the address, telephone number or e-mail address stated below.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 036 for Shopping center services, namely, leasing and management of mall space
Original Filing Basis: 1(a).
Proposed: Class 036 for Shopping center services, namely, leasing and management of mall space
Section 1(a), Use in Commerce: The mark was first used at least as early as 07/31/2003 and first used in commerce at least as early as 07/31/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 036.
The specimen(s) submitted consists of Tenant presentation materials.

For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
Specimen-2
Specimen-3
Specimen-4
Specimen-5
Specimen-6
Specimen-7
Specimen-8
Specimen-9
Specimen-10
Specimen-11
Specimen-12
Specimen-13
Specimen-14
Specimen-15
Specimen-16
Specimen-17
Specimen-18
Specimen-19
Specimen-20
Specimen-21
Specimen-22
Specimen-23
Specimen-24
Specimen-25
Specimen-26
Specimen-27


Procedural Matters/Informalities
Applicant proposes to amend the following:
Original: red development, llc a limited liability companyhaving an address of 4717 central KANSAS CITY, Missouri US 64112.
Proposed: red development, llc, by assignment, reel 3026/frame0608a limited liability company organized under the laws of Missouri, having an address of 4717 central KANSAS CITY, Missouri US 64112.


Declaration Signature



Signatory's Name: Dan Lowe
Signatory's Position: Vice President
Signature
Response Signature

Signature: /ph/     Date: 11/23/2005
Signatory's Name: Pearl Hsieh
Signatory's Position: Attorney
        
Serial Number: 78502967
Internet Transmission Date: Wed Nov 23 15:09:20 EST 2005
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20051123150920869
239-78502967-3209a822ade2a44b71b2cf4c179
d52dadf2-N/A-N/A-20051123141928994506