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. 88430209 RH(Standard Characters, see http://uspto.report/TM/88430209/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Response to Office Action, Exhibits A and B. has been attached.
Original PDF file:
evi_73632209-20191212181954634564_._in_Class_43_-_Appl._No._88430209_-_Response_to_Office_Action.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_73632209-20191212181954634564_._RH_in_Class_43_-_Appl._No._88430209_-_Exhibits_A_and_B.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Hotel services; restaurant services; bar services; cocktail lounge services; coffee bars; providing a database in the field of recipes and cooking information
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: Hotel services; restaurant services; cocktail lounge services; bar services; providing a database in the field of recipes and cooking information; coffee barsClass 043 for Hotel services; cocktail lounge services; providing a database in the field of recipes and cooking information
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: 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 154066-00621.

The phone number is 702-949-8200.

The fax number is 702.949.8376.

The email address is TRADEMARKS-LASVEGAS@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 154066-00621.

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 154066-00621.

The phone number is 702-949-8200.

The fax number is 702.949.8376.

The email address is TRADEMARKS-LASVEGAS@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 154066-00621.

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: 12/12/2019
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: 88430209
Internet Transmission Date: Fri Dec 13 10:53:44 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201912131053446541
56-88430209-70051394336e7987161141853489
947a84919da6c2432a0c72cb5cc5165f751ef8c-
N/A-N/A-20191212181954634564