Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87031558 MIRACLE (Stylized and/or with Design, see http://uspto.report/TM/87031558/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

     In response to the Examining Attorney's Office Action dated July 21, 2016, Applicant has amended the identification of services.  The undersigned appreciates the time and the opportunity to discuss, with the Examining Attorney, the identification of goods by telephone on October 28, 2016.  

     In addition, Applicant submits a substitute specimen in the form of a menu.  The mark can be found on page 4 of the specimen.  In support of the substitute specimen, Applicant submits the Declaration of Ethan Kahn.

     Applicant respectfully requests that the subject application be approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Bar and cocktail services featuring a particular theme
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 11/29/2014 and first used in commerce at least as early as 11/29/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Bar and cocktail services featuring a particular theme; Cocktail bar services featuring a particular themeClass 043 for Cocktail bar services featuring a particular theme
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 11/29/2014 and first used in commerce at least as early as 11/29/2014 , 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 a menu showing the mark on page 4 .
"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:
SPU0-661552257-20161110120013533107_._MIRACLE_new.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_661552257-120013533_._003909_0063_Executed_Declaration.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Ethan Kahn
Signatory's Position: General Manager

Response Signature
Signature: /laura goldbard george/     Date: 11/10/2016
Signatory's Name: Laura Goldbard George
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212-806-6675

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 87031558
Internet Transmission Date: Thu Nov 10 16:29:39 EST 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20161110162939793
001-87031558-57072b6d43be7aa35b774a0f5c7
62a87d1f15246f55c55897198cceaa2876f1e1-N
/A-N/A-20161110162511844898