| 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 1822 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88348778 |
| LAW OFFICE ASSIGNED | LAW OFFICE 128 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88348778/mark.png |
| LITERAL ELEMENT | SALT |
| PENDING SERIAL NUMBER(S) | |
| Serial number(s) 88348778 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s). | |
| ARGUMENT(S) | |
|
S. Locke Companies LLC (hereafter "Applicant") officially requests that the U.S. Patent and Trademark Office (hereafter "USPTO") remove the Suspension of Applicant's application for a trademark,
U.S. Application Serial No. 88348778, because Applicant is amending its application so as to remove International Class 21.
According to the USPTO Suspension Notice issued to Applicant on July 19, 2019, the refusal based on International Class 43 was obviated; however, the suspension and refusals based on likelihood
of confusion with other pending mark applications, as well as a finding that Applicant's description of the mark was merely descriptive, only related to Applicant's mark with regard to International
Class 21. As a result, the removal of International Class 21 from Applicant's application should remove the reasons for the suspension and the reasons for the refusal. After International Class 21 is
removed from Applicant's mark claims, the application for the mark should be allowed to move forward.
|
|
| GOODS AND/OR SERVICES SECTION (021)(class deleted) | |
| INTERNATIONAL CLASS | 021 |
| DESCRIPTION | |
| Handmade ceramic sculptures, vases, vessels, bowls, plates and pots | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/01/2019 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/01/2019 |
| GOODS AND/OR SERVICES SECTION (043)(current) | |
| INTERNATIONAL CLASS | 043 |
| DESCRIPTION | Restaurant and café services |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/01/2019 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/01/2019 |
| GOODS AND/OR SERVICES SECTION (043)(proposed) | |
| INTERNATIONAL CLASS | 043 |
| DESCRIPTION | Restaurant and café services |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/01/2019 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/01/2019 |
| STATEMENT TYPE | "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] . 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 all statements made of his or her own knowledge are true and all statements made on information and belief are believed to be true. |
| SPECIMEN FILE NAME(S) | |
| ORIGINAL PDF FILE | SPU1-1491752541-20200504174155145826_._Salt___Facebook.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT18\883\487\88348778\xml2\RSI0002.JPG |
| ORIGINAL PDF FILE | SPU1-1491752541-20200504174155145826_._Salt_on_Instagram.pdf |
| CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\883\487\88348778\xml2\RSI0003.JPG |
| \\TICRS\EXPORT18\IMAGEOUT18\883\487\88348778\xml2\RSI0004.JPG | |
| SPECIMEN DESCRIPTION | The attached specimens include full-page print outs (as PDFs) of images of S. Locke Companies LLC's use of the cursive "Salt" mark for its cafe and restaurant services. These social media sites do not directly sell products, bur are to promote and advertise S. Locke Companies LLC's Salt Cafe. The Facebook print-out shows a neon "Salt" logo above a server in the restaurant's kitchen. In the foreground you can see glasses and syrups for different coffees. The Facebook specimen is dated June 30, 2019, which is why it is paired with the second specimen. The second specimen shows a vehicle window cling on Instagram, advertising the cafe and restaurant. This specimen is dated January 28, 2019. |
| CORRESPONDENCE INFORMATION (current) | |
| NAME | Shanna Knight |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | shanna@lclark.edu |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | shelbylocke@gmail.com |
| CORRESPONDENCE INFORMATION (proposed) | |
| NAME | Shanna Knight |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | shanna@lclark.edu |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | shelbylocke@gmail.com |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Shanna Knight/ |
| SIGNATORY'S NAME | Shanna Knight |
| SIGNATORY'S POSITION | Attorny of record |
| SIGNATORY'S PHONE NUMBER | 503-768-6512 |
| DATE SIGNED | 05/04/2020 |
| RESPONSE SIGNATURE | /Shanna Knight/ |
| SIGNATORY'S NAME | Shanna Knight |
| SIGNATORY'S POSITION | Attorney of record |
| SIGNATORY'S PHONE NUMBER | 503-768-6512 |
| DATE SIGNED | 05/04/2020 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon May 04 18:52:06 ET 2020 |
| TEAS STAMP | USPTO/RSI-XXX.XXX.XXX.X-2 0200504185206707584-88348 778-7104b4992b78c3bd9264b 126336e5bcb484a375ba09797 4b55c17052e3b1abd5-N/A-N/ A-20200504174155145826 |
| 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 1822 (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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the
applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the
applicant; 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 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.
Signature: /Shanna Knight/ Date: 05/04/2020
Signatory's Name: Shanna Knight
Signatory's Position: Attorny of record
Signatory's Phone Number: 503-768-6512
Response Suspension Inquiry Signature
Signature: /Shanna Knight/ Date: 05/04/2020
Signatory's Name: Shanna Knight
Signatory's Position: Attorney of record
Signatory's Phone Number: 503-768-6512
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: Shanna Knight
Small Business Legal Clinic
310 SW 4th Ave, Suite 1018
Portland, Oregon
Mailing Address: Shanna Knight
Small Business Legal Clinic
310 SW 4th Ave, Suite 1018
Portland, Oregon 97204
Serial Number: 88348778
Internet Transmission Date: Mon May 04 18:52:06 ET 2020
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.X-2020050418520670
7584-88348778-7104b4992b78c3bd9264b12633
6e5bcb484a375ba097974b55c17052e3b1abd5-N
/A-N/A-20200504174155145826
