Response to Office Action

VISTA NOTRE

Neyers Home, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88441515
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK http://uspto.report/TM/88441515/mark.png
LITERAL ELEMENT VISTA NOTRE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
The Examiner has refused registration of VISTA NOTRE on the basis of 2(d) confusing similarity with NOTRE VUE. Applicant respectfully disagrees. However, Applicant also notes that the cited registration, Registration No. 4482375, has a deadline for the filing of the Section 8 maintenance declaration of February 11, 2020, and no papers have been filed as of February 10, 2020. Accordingly, Applicant requests that its application be suspended pending the outcome of the maintenance filing for Registration No. 4482375.
ATTORNEY SECTION (current)
NAME J. Scott Gerien
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME DICKENSON, PEATMAN & FOGARTY
STREET 1455 FIRST STREET, SUITE 301
CITY NAPA
STATE California
POSTAL CODE 94559
COUNTRY US
PHONE 707-252-7122
FAX 707-255-6876
EMAIL tmdept@dpf-law.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER SUTT1-2868
ATTORNEY SECTION (proposed)
NAME J. Scott Gerien
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Dickenson, Peatman & Fogarty
STREET 1455 First Street, Suite 301
CITY Napa
STATE California
POSTAL CODE 94559
COUNTRY United States
PHONE 707-252-7122
FAX 707-255-6876
EMAIL tmdept@dpf-law.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER SUTT1-2868
OTHER APPOINTED ATTORNEY Katja Loeffelholz, Christopher Passarelli, Joy Durand
CORRESPONDENCE SECTION (current)
NAME J. SCOTT GERIEN
FIRM NAME DICKENSON, PEATMAN & FOGARTY
STREET 1455 FIRST STREET, SUITE 301
CITY NAPA
STATE California
POSTAL CODE 94559
COUNTRY US
PHONE 707-252-7122
FAX 707-255-6876
EMAIL tmdept@dpf-law.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER SUTT1-2868
CORRESPONDENCE SECTION (proposed)
NAME J. Scott Gerien
FIRM NAME Dickenson, Peatman & Fogarty
STREET 1455 First Street, Suite 301
CITY Napa
STATE California
POSTAL CODE 94559
COUNTRY United States
PHONE 707-252-7122
FAX 707-255-6876
EMAIL tmdept@dpf-law.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER SUTT1-2868
SIGNATURE SECTION
RESPONSE SIGNATURE /J. Scott Gerien/
SIGNATORY'S NAME J. Scott Gerien
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 7072527122
DATE SIGNED 02/10/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Feb 10 12:19:27 EST 2020
TEAS STAMP USPTO/ROA-XXX.X.XX.XX-202
00210121927720564-8844151
5-700875836e8cc3493137f27
1b691c47715af36e3619f9cef
2aa2e67c6a556e73-N/A-N/A-
20200210120701140464



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. 88441515 VISTA NOTRE(Standard Characters, see http://uspto.report/TM/88441515/mark.png) has been amended as follows:

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

The Examiner has refused registration of VISTA NOTRE on the basis of 2(d) confusing similarity with NOTRE VUE. Applicant respectfully disagrees. However, Applicant also notes that the cited registration, Registration No. 4482375, has a deadline for the filing of the Section 8 maintenance declaration of February 11, 2020, and no papers have been filed as of February 10, 2020. Accordingly, Applicant requests that its application be suspended pending the outcome of the maintenance filing for Registration No. 4482375.

The applicant's current attorney information: J. Scott Gerien. J. Scott Gerien of DICKENSON, PEATMAN & FOGARTY, is located at

      1455 FIRST STREET, SUITE 301
      NAPA, California 94559
      US
The docket/reference number is SUTT1-2868.

The phone number is 707-252-7122.

The fax number is 707-255-6876.

The email address is tmdept@dpf-law.com

The applicants proposed attorney information: J. Scott Gerien. Other appointed attorneys are Katja Loeffelholz, Christopher Passarelli, Joy Durand. J. Scott Gerien of Dickenson, Peatman & Fogarty, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1455 First Street, Suite 301
      Napa, California 94559
      United States
The docket/reference number is SUTT1-2868.

The phone number is 707-252-7122.

The fax number is 707-255-6876.

The email address is tmdept@dpf-law.com

J. Scott Gerien 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: J. SCOTT GERIEN. J. SCOTT GERIEN of DICKENSON, PEATMAN & FOGARTY, is located at

      1455 FIRST STREET, SUITE 301
      NAPA, California 94559
      US
The docket/reference number is SUTT1-2868.

The phone number is 707-252-7122.

The fax number is 707-255-6876.

The email address is tmdept@dpf-law.com

The applicants proposed correspondence information: J. Scott Gerien. J. Scott Gerien of Dickenson, Peatman & Fogarty, is located at

      1455 First Street, Suite 301
      Napa, California 94559
      United States
The docket/reference number is SUTT1-2868.

The phone number is 707-252-7122.

The fax number is 707-255-6876.

The email address is tmdept@dpf-law.com

SIGNATURE(S)
Response Signature
Signature: /J. Scott Gerien/     Date: 02/10/2020
Signatory's Name: J. Scott Gerien
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 7072527122

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:    J. SCOTT GERIEN
   DICKENSON, PEATMAN & FOGARTY
   
   1455 FIRST STREET, SUITE 301
   NAPA, California 94559
Mailing Address:    J. Scott Gerien
   Dickenson, Peatman & Fogarty
   1455 First Street, Suite 301
   Napa, California 94559
        
Serial Number: 88441515
Internet Transmission Date: Mon Feb 10 12:19:27 EST 2020
TEAS Stamp: USPTO/ROA-XXX.X.XX.XX-202002101219277205
64-88441515-700875836e8cc3493137f271b691
c47715af36e3619f9cef2aa2e67c6a556e73-N/A
-N/A-20200210120701140464



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