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. 88418481 WE'RE HERE FOR YOU(Standard Characters, see http://uspto.report/TM/88418481/mark.png) has been amended as follows:

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

Applicant has applied to register the mark WE’RE HERE FOR YOU for “retail convenience stores” based on use in commerce.  As shown by the specimen, the mark is used at the counter of the store where candy, cigarettes and other goods are sold.  

The examining attorney has initially refused registration based on a prior registration for the mark WE’RE HERE FOR YOU! for “heating oil; kerosene; diesel fuel; gasoline.”  The specimens submitted with the registered mark show a truck that delivers heating oil and kerosene to homeowners and they deliver diesel fuel and gasoline to construction companies, loggers and the like.  It is evident that the goods that are being sold by the registrant are not the type of goods that would be found at a retail convenience store and the examining attorney has not provided any evidence that these goods are related to retail convenience store services.  The examining attorney has noted that beer and retail store services featuring beer are related, however, there are no prior decisions that hold that diesel fuel and gasoline are related to retail convenience store services.  While applicant does not disagree that some retail convenience stores also sell gasoline, there is no evidence that a consumer would believe that a slogan used by a retail convenience store would be related to a slogan used by a company that delivers heating oil and kerosene to homes for their heating needs or fuel and gasoline delivered to construction companies and logging companies. 

As a result, applicant submits that the goods of the registrant are not related to applicant’s services and applicant requests that the initial 2(d) rejection be withdrawn. 

 

EVIDENCE
Evidence in the nature of specimen submitted with the cited registration. has been attached.
Original PDF file:
evi_3810435170-20190805173801426413_._87402253.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

The applicant's current attorney information: Molly Buck Richard. Molly Buck Richard of RICHARD LAW GROUP, is located at

      SUITE 1350
      13355 NOEL ROAD
      DALLAS, Texas 75240
      US
The docket/reference number is PRMJ-0001.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com

The applicants proposed attorney information: Molly Buck Richard. Molly Buck Richard of RICHARD LAW GROUP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1350
      13355 NOEL ROAD
      DALLAS, Texas 75240
      United States
The docket/reference number is PRMJ-0001.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com

Molly Buck Richard submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: MOLLY BUCK RICHARD. MOLLY BUCK RICHARD of RICHARD LAW GROUP, is located at

      SUITE 1350
      13355 NOEL ROAD
      DALLAS, Texas 75240
      US
The docket/reference number is PRMJ-0001.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com; molly@richardlawgroup.com

The applicants proposed correspondence information: Molly Buck Richard. Molly Buck Richard of RICHARD LAW GROUP, is located at

      SUITE 1350
      13355 NOEL ROAD
      DALLAS, Texas 75240
      United States
The docket/reference number is PRMJ-0001.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com; molly@richardlawgroup.com

SIGNATURE(S)
Response Signature
Signature: /Molly Buck Richard/     Date: 08/05/2019
Signatory's Name: Molly Buck Richard
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 214-206-4301

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:    MOLLY BUCK RICHARD
   RICHARD LAW GROUP
   SUITE 1350
   13355 NOEL ROAD
   DALLAS, Texas 75240
Mailing Address:    Molly Buck Richard
   RICHARD LAW GROUP
   SUITE 1350
   13355 NOEL ROAD
   DALLAS, Texas 75240
        
Serial Number: 88418481
Internet Transmission Date: Mon Aug 05 17:40:58 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019080517405844
3983-88418481-6106c11b55f6b5733b82fd7a78
b13a75104b5bd3f92e0885589304522a29947f-N
/A-N/A-20190805173801426413