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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88338117 EMBER(Standard Characters, see http://uspto.report/TM/88338117/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of argument in response to the Examining Attorney's Section 2d likelihood of confusion partial refusal has been attached.
Original PDF file:
evi_99153202143-20191203011458406720_._EMBER_argument_in_support_of_Office_Action_Response.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, bar, live music, nightclub and dance hall services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Entertainment services, namely, bar, live music, nightclub and dance hall services; Nightclubs; entertainment services, namely, nightclub servicesClass 041 for Nightclubs; entertainment services, namely, nightclub services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

The applicant's current attorney information: Dutro E. Campbell II. Dutro E. Campbell II of STOCK LEGAL, LLC, is located at

      4512 WEST PINE BLVD
      ST. LOUIS, Missouri 63108
      US
The docket/reference number is 01032.

The phone number is 636-686-8331.

The email address is trademarks@campbell-ip.com

The applicants proposed attorney information: Dutro E. Campbell II. Dutro E. Campbell II of STOCK LEGAL, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4512 WEST PINE BLVD
      ST. LOUIS, Missouri 63108
      United States
The docket/reference number is 01032.

The phone number is 636-686-8331.

The email address is trademarks@campbell-ip.com

Dutro E. Campbell II submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: DUTRO E. CAMPBELL II. DUTRO E. CAMPBELL II of STOCK LEGAL, LLC, is located at

      4512 WEST PINE BLVD
      ST. LOUIS, Missouri 63108
      US
The docket/reference number is 01032.

The phone number is 636-686-8331.

The email address is trademarks@campbell-ip.com; bruce.campbell@stocklegal.com; bruce@campbell-ip.com; trademark@stocklegal.com

The applicants proposed correspondence information: Dutro E. Campbell II. Dutro E. Campbell II of STOCK LEGAL, LLC, is located at

      4512 WEST PINE BLVD
      ST. LOUIS, Missouri 63108
      United States
The docket/reference number is 01032.

The phone number is 636-686-8331.

The email address is trademarks@campbell-ip.com; bruce.campbell@stocklegal.com; bruce@campbell-ip.com; trademark@stocklegal.com

SIGNATURE(S)
Response Signature
Signature: /Dutro E. Campbell II/     Date: 12/03/2019
Signatory's Name: Dutro E. Campbell II
Signatory's Position: Attorney of record, Missouri bar member

Signatory's Phone Number: 6366868331

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    DUTRO E. CAMPBELL II
   STOCK LEGAL, LLC
   
   4512 WEST PINE BLVD
   ST. LOUIS, Missouri 63108
Mailing Address:    Dutro E. Campbell II
   STOCK LEGAL, LLC
   4512 WEST PINE BLVD
   ST. LOUIS, Missouri 63108
        
Serial Number: 88338117
Internet Transmission Date: Tue Dec 03 01:26:35 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912030126351
37239-88338117-700fb3ec9ce547a0343c6c181
48bd2dc2dcdb3ba4efb5fcc718aa13eb9d3d3bda
-N/A-N/A-20191203011458406720