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 09/20/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88233868 |
LAW OFFICE ASSIGNED | LAW OFFICE 101 |
MARK SECTION | |
MARK | mark |
LITERAL ELEMENT | DRAKE'S |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
OWNER SECTION (current) | |
NAME | Drake's Franchising, LLC |
MAILING ADDRESS | 866 MALABU DRIVE, SUITE 250 |
CITY | Lexington |
STATE | Kentucky |
ZIP/POSTAL CODE | 40502 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
OWNER SECTION (proposed) | |
NAME | Drake's Franchising, LLC |
MAILING ADDRESS | 866 MALABU DRIVE, SUITE 250 |
CITY | Lexington |
STATE | Kentucky |
ZIP/POSTAL CODE | 40502 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
XXXX | |
ARGUMENT(S) | |
Pursuant to the request of the Examining Attorney in the Office Action submitted in this application, the new owner of a mark is required to submit a written statement, verified by declaration, explaining the chain of title to Applicant?s mark to the new owner. The applicant and new owner states and clarifies the following: The original owner of the mark was Duke?s Franchising LLC, as identified in the original application. Duke?s Franchising LLC transferred to Bluegrass Hospitality Management LLC a portfolio of trademarks related to the Owner/Applicant?s business. Evidence of recordation of an Assignment of Trademark for a related mark, U.S. Reg. 4,027,832, is submitted along with this response. Both Duke?s Franchising LLC (original Owner and Applicant) and the Assignee and current Owner, Bluegrass Hospitality Management LLC, have common ownership. Applicant attempted to clarify the issue of ownership and title to the mark via an Amendment to this Application due to the common ownership of the parties. The Amendment did not resolve the issue. In response to the Examining Attorney?s Office Action, Applicant advises that it will promptly record a written assignment of this mark from the originally identified Owner to its Assignee, Bluegrass Hospitality Management LLC. | |
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_71749944-202004201458 46074177_._ASSIGNMENT.REC ORDED.assignment-tm-6577- 0852.Reg_4027832.pdf |
CONVERTED PDF FILE(S) (5 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\338\88233868\xml1\ ROA0002.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\882\338\88233868\xml1\ ROA0003.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\882\338\88233868\xml1\ ROA0004.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\882\338\88233868\xml1\ ROA0005.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\882\338\88233868\xml1\ ROA0006.JPG | |
DESCRIPTION OF EVIDENCE FILE | Assignment and USPTO recordation of Assignment of related mark. |
CORRESPONDENCE INFORMATION (current) | |
NAME | Sharon L. Toerek |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | sharon@legalandcreative.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Sharon L. Toerek |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | sharon@legalandcreative.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | trademark@legalandcreative.com |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Sharon L. Toerek/ |
SIGNATORY'S NAME | Sharon L. Toerek |
SIGNATORY'S POSITION | Attorney of Record, Ohio bar member |
SIGNATORY'S PHONE NUMBER | 8005721155 |
DATE SIGNED | 04/20/2020 |
RESPONSE SIGNATURE | /Sharon L. Toerek/ |
SIGNATORY'S NAME | Sharon L. Toerek |
SIGNATORY'S POSITION | Attorney of Record, Ohio bar member |
SIGNATORY'S PHONE NUMBER | 8005721155 |
DATE SIGNED | 04/20/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Apr 20 15:05:37 ET 2020 |
TEAS STAMP | USPTO/ROA-XX.XX.XX.XX-202 00420150537741006-8823386 8-7108c6324f19fcbb6197592 f678a4af937df8ea34826ba9d dc679adfbb435b99d-N/A-N/A -20200420145846074177 |
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 09/20/2020) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.