Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85719057 PHIL THE FIRE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85719057) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Restaurant and catering services; Restaurant services, including sit-down service of food and take-out restaurant services; Restaurant services, namely, providing of food and beverages for consumption on and off the premises
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2011 and first used in commerce at least as early as 08/01/2011 , and is now in use in such commerce.

Proposed: Class 043 for Restaurant and catering services; Restaurant services, including sit-down service of food and take-out restaurant services; Restaurant services, namely, providing of food and beverages for consumption on and off the premises
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2011 and first used in commerce at least as early as 08/01/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 043 . The specimen(s) submitted consists of PHIL the FIRE with the I of Fire illustrated as a high flame. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-2493188214-204326937_._Phil_the_Fire_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: American Phoenix Hospitality, LLC, DBA Phil the Fire, a limited liability company legally organized under the laws of Ohio, having an address of
      www.philthefire.com
      Beachwood, Ohio 44122
      United States

      XXXX
      2168313473
      2168311895
Proposed: Philip B Davis, a citizen of United States, having an address of
      3672 Maplecrest Rd.
      Woodmere, Ohio 44122
      United States
      XXXX
      2169041838
      2169041838

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
AMERICAN PHOENIX HOSPITALITY, LLC
AMERICAN PHOENIX HOSPITALITY, LLC
3750 ORANGE PL
BEACHWOOD
Ohio (OH)
US
44122-4404

Proposed:
Philip B. Davis, having an address of
3672 Maplecrest Rd. Woodmere, Ohio 44122
United States
philthefire@gmail.com;philthefire@aol.com
2169041838
2169041838



SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Philip B. Davis/      Date: 06/16/2013
Signatory's Name: Philip B. Davis
Signatory's Position: Owner
Signatory's Phone Number: 2169041838


Response Signature
Signature: /Philip B. Davis/     Date: 06/16/2013
Signatory's Name: Philip B. Davis
Signatory's Position: Owner

Signatory's Phone Number: 2169041838

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

Mailing Address:    Philip B. Davis
   3672 Maplecrest Rd.
   Woodmere, Ohio 44122
        
Serial Number: 85719057
Internet Transmission Date: Sun Jun 16 21:03:53 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2013061621035353
9546-85719057-500e26f9997ed3891b0faa4773
193bcca022ebacd5e7d93f5099da303149b361ba
-N/A-N/A-20130616204326937764