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. 88380578 RH(Standard Characters, see http://uspto.report/TM/88380578/mark.png) has been amended as follows:

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

Serial Number:  88/380578

Mark: RH (Class: 36, 37)

 

RESPONSE TO OFFICE ACTION

Applicant RH US, LLC hereby responds to the United States Patent and Trademark Office Action dated June 23, 2019 (the “Office Action”). In the Office Action, the examining attorney (the “Examiner”) refuses registration of Applicant’s mark, RH (“Applicant’s Mark”), on the basis that Applicant’s Mark is similar to a number of prior-filed applications.

 

Given that its prior-filed application has now been abandoned and the two prior filed applications remain pending, Applicant respectfully submits that Applicant’s Mark should be suspended pending resolution of the two prior-filed applications that remain pending.

 

 

ARGUMENT

 

1. The prior-filed application is abandoned

    

   Although the Examiner cited Applicant’s prior-filed application for the RH mark (Appl. No. 86/646285), the cited application was officially abandoned on July 22, 2019.  As a result, Applicant respectfully submits that its prior-filed application should not block the registration of Applicant’s active application for the subject mark, Appl. No. 88/380578.

    

2. Applicant notes that two prior-filed applications remain pending

    

   In addition, two of the  prior-filed applications cited by the Examiner, Application Serial Nos. 88/376678 (the “’678 Application”) and 88/006484 (the “’484 Application”) remain pending.  As a result, Applicant requests a suspension of its Application based on the pendency of these two applications.

    

3. Conclusion

    

   For the reasons stated above, Applicant believes that, except for the ‘678 Application and ‘484 Applications, all outstanding issues with respect to the application for the subject mark have been resolved.  Therefore, Applicant requests that every bases for refusal, other than the two pending prior-filed applications (‘678 Application and ‘484 Application), be withdrawn, and the Application be suspended pending resolution of the two prior-filed applications that remain pending.

    

The applicant's current attorney information: Michael J. McCue. Michael J. McCue of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is located at

      SUITE 600
      3993 HOWARD HUGHES PARKWAY
      LAS VEGAS, Nevada 89169-5996
      US
The docket/reference number is 154066-00643.

The phone number is 702-949-8200.

The fax number is 702.949.8376.

The email address is PTO@LRRC.COM

The applicants proposed attorney information: Michael J. McCue. Other appointed attorneys are Aaron D. Johnson. Michael J. McCue of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 600
      3993 HOWARD HUGHES PARKWAY
      LAS VEGAS, Nevada 89169-5996
      United States
The docket/reference number is 154066-00643.

The phone number is 702-949-8200.

The fax number is 702.949.8376.

The email address is TRADEMARKS-LASVEGAS@LRRC.COM

Michael J. McCue 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: MICHAEL J. MCCUE. MICHAEL J. MCCUE of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is located at

      SUITE 600
      3993 HOWARD HUGHES PARKWAY
      LAS VEGAS, Nevada 89169-5996
      US
The docket/reference number is 154066-00643.

The phone number is 702-949-8200.

The fax number is 702.949.8376.

The email address is PTO@LRRC.COM

The applicants proposed correspondence information: Michael J. McCue. Michael J. McCue of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is located at

      SUITE 600
      3993 HOWARD HUGHES PARKWAY
      LAS VEGAS, Nevada 89169-5996
      United States
The docket/reference number is 154066-00643.

The phone number is 702-949-8200.

The fax number is 702.949.8376.

The email address is TRADEMARKS-LASVEGAS@LRRC.COM

SIGNATURE(S)
Response Signature
Signature: /Aaron D. Johnson/     Date: 12/20/2019
Signatory's Name: Aaron D. Johnson
Signatory's Position: Attorney for Applicant, California bar member

Signatory's Phone Number: 650-687-8426

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:    MICHAEL J. MCCUE
   LEWIS ROCA ROTHGERBER CHRISTIE LLP
   SUITE 600
   3993 HOWARD HUGHES PARKWAY
   LAS VEGAS, Nevada 89169-5996
Mailing Address:    Michael J. McCue
   LEWIS ROCA ROTHGERBER CHRISTIE LLP
   SUITE 600
   3993 HOWARD HUGHES PARKWAY
   LAS VEGAS, Nevada 89169-5996
        
Serial Number: 88380578
Internet Transmission Date: Fri Dec 20 14:16:19 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201912201416196576
91-88380578-7004a3a77372d4764ca8c2af3ddd
585fa86edc3a3fc4014abdb49aed4d32423b6e7-
N/A-N/A-20191220021852969650