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. 88430885 MERIDIAN(Standard Characters, see http://uspto.report/TM/88430885/mark.png) has been amended as follows:

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

The following trademarks were cited as creating the potential for a likelihood of confusion: U.S. Application Serial No. 88412498 ('498 Application) and U.S. Registration No. 4448597 ('597 Registration). The '498 Application was abandoned on January 23, 2020. The '597 Registration was cancelled on November 20, 2019. Accordingly, each of the marks cited as creating the potential for a likelihood of confusion are no longer live.

EVIDENCE
Evidence in the nature of Notice of Abandonment and Judgment of Cancellation has been attached.
Original PDF file:
evi_6690235178-20200205102253323561_._88412498.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_6690235178-20200205102253323561_._Judgment_of_Cancellation_4833-1559-0829_v.1.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Fine dining restaurant and bar
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: Fine dining restaurant and bar; Fine dining restaurant and bar servicesClass 043 for Fine dining restaurant and bar services
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: James Ray. James Ray of MUNSCH HARDT KOPF & HARR, P.C., is located at

      SUITE 2600
      303 COLORADO STREET
      AUSTIN, Texas 78701
      US
The docket/reference number is 18111.2.

The phone number is 512-391-6177.

The email address is jray@munsch.com

The applicants proposed attorney information: James Ray. James Ray of MUNSCH HARDT KOPF & HARR, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 2600
      303 COLORADO STREET
      AUSTIN, Texas 78701
      United States
The docket/reference number is 18111.2.

The phone number is 512-391-6177.

The email address is jray@munsch.com

James Ray 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: JAMES RAY. JAMES RAY of MUNSCH HARDT KOPF & HARR, P.C., is located at

      SUITE 2600
      303 COLORADO STREET
      AUSTIN, Texas 78701
      US
The docket/reference number is 18111.2.

The phone number is 512-391-6177.

The email address is jray@munsch.com; gfranklin@munsch.com

The applicants proposed correspondence information: James Ray. James Ray of MUNSCH HARDT KOPF & HARR, P.C., is located at

      SUITE 2600
      303 COLORADO STREET
      AUSTIN, Texas 78701
      United States
The docket/reference number is 18111.2.

The phone number is 512-391-6177.

The email address is jray@munsch.com

SIGNATURE(S)
Response Signature
Signature: /james ray/     Date: 02/05/2020
Signatory's Name: James Ray
Signatory's Position: Counsel of record, Texas bar member

Signatory's Phone Number: 5123916177

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:    JAMES RAY
   MUNSCH HARDT KOPF & HARR, P.C.
   SUITE 2600
   303 COLORADO STREET
   AUSTIN, Texas 78701
Mailing Address:    James Ray
   MUNSCH HARDT KOPF & HARR, P.C.
   SUITE 2600
   303 COLORADO STREET
   AUSTIN, Texas 78701
        
Serial Number: 88430885
Internet Transmission Date: Wed Feb 05 10:25:54 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020020510255435
1836-88430885-700af60d6ddbbafed7b19e73f9
22cbb8cadb74ac3ba266958b4c37f29a76ad8df-
N/A-N/A-20200205102253323561