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. 88380580 RH GUESTHOUSE(Standard Characters, see http://uspto.report/TM/88380580/mark.png) has been amended as follows:

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

Serial Number:  88/380580

Mark: RH GUESTHOUSE (Class: 43)

 

RESPONSE TO OFFICE ACTION

 

Applicant RH US, LLC hereby responds to the United States Patent and Trademark Office Action dated June 13, 2019 (the “Office Action”). In the Office Action, the examining attorney (the “Examiner”) refuses registration of Applicant’s RH GUESTHOUSE Application (“Applicant’s Appl. No. 88/380580”), on the basis that (a) the term “GUESTHOUSE” needs to be disclaimed and (b) it appears to be a duplicate filing to its prior-filed application.

 

Applicant responds by agreeing to the requested disclaimer.  In addition, given that its prior-filed application has now been officially abandoned, Applicant requests removal of the citation and that Applicant’s Appl. No. 88/380580 be approved for publication.

 

ARGUMENT

 

1. Applicant amends its application to include the requested disclaimer

    

   As requested by the Examiner, Applicant agrees to amend its application to include the following disclaimer:

    

   No claim is made to the exclusive right to use “GUESTHOUSE” apart from the mark as shown.

    

2. The prior-filed application is abandoned

    

   Although the Examiner cited Applicant’s prior-filed application for the RH GUESTHOUSE mark (Appl. No. 86/646223), 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. 88/380580.

    

3. Conclusion

    

   For the reasons stated above, Applicant believes all outstanding issues with respect to the application for the subject mark (Appl. No. 88/380580) have been resolved and respectfully requests approval of the same for publication.

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 154066-00658.

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 154066-00658.

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 154066-00658.

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 154066-00658.

The phone number is 702-949-8200.

The fax number is 702.949.8376.

The email address is TRADEMARKS-LASVEGAS@LRRC.COM

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "GUESTHOUSE" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Aaron D. Johnson/     Date: 12/12/2019
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: 88380580
Internet Transmission Date: Fri Dec 13 10:57:01 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201912131057019513
22-88380580-700e1b57cc9ddd6e5c4bdda2793d
7dcf042d84df3139bdff687a6a6177199e5089-N
/A-N/A-20191212185733443874