Response to Office Action

HOFMANN

Mammoth Holdings, 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 88482158
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK http://uspto.report/TM/88482158/mark.png
LITERAL ELEMENT HOFMANN
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.
OWNER SECTION (current)
NAME Mammoth Holdings, LLC
STREET 519 Quarantina Street
CITY Santa Barbara
STATE California
ZIP/POSTAL CODE 93103
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME Mammoth Holdings, LLC
STREET 519 Quarantina Street
CITY Santa Barbara
STATE California
ZIP/POSTAL CODE 93103
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL applicant@lozaip.com
ARGUMENT(S)
Applicant has concurrently filed an Amendment to Allege Use and is amending this mark to the Supplemental Register for purposes of addressing the 2(e)(4) Primarily Merely a Surname refusal.
Requested Information Regarding the Mark: HOFMANN is the surname of the owner of the Applicant Limited Liability Company.
ADDITIONAL STATEMENTS SECTION
SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.
ATTORNEY INFORMATION (current)
NAME Christina S. Loza
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME BUYNAK FAUVER ARCHBALD & SPRAY, LLP
STREET 820 STATE STREET, 4TH FLOOR
CITY SANTA BARBARA
STATE California
POSTAL CODE 93101
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 805-617-3234
FAX 805-966-7227
EMAIL tloza@BFASlaw.com
DOCKET/REFERENCE NUMBER BUYN-253B
ATTORNEY INFORMATION (proposed)
NAME Christina S. Loza
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME BUYNAK FAUVER ARCHBALD & SPRAY, LLP
STREET 820 STATE STREET, 4TH FLOOR
CITY SANTA BARBARA
STATE California
POSTAL CODE 93101
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 805-617-3234
FAX 805-966-7227
EMAIL tloza@BFASlaw.com
DOCKET/REFERENCE NUMBER BUYN-253B
CORRESPONDENCE INFORMATION (current)
NAME CHRISTINA S. LOZA
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tloza@BFASlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) tina-pto@lozaip.com
DOCKET/REFERENCE NUMBER BUYN-253B
CORRESPONDENCE INFORMATION (proposed)
NAME Christina S. Loza
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tloza@BFASlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) tina-pto@lozaip.com
DOCKET/REFERENCE NUMBER BUYN-253B
SIGNATURE SECTION
DECLARATION SIGNATURE /Christina S. Loza/
SIGNATORY'S NAME Christina S. Loza
SIGNATORY'S POSITION Attorney of Record, CA Bar Member
SIGNATORY'S PHONE NUMBER 949-705-6777
DATE SIGNED 03/09/2020
RESPONSE SIGNATURE /Christina S. Loza/
SIGNATORY'S NAME Christina S. Loza
SIGNATORY'S POSITION Attorney of Record, CA bar member
SIGNATORY'S PHONE NUMBER 949-705-6777
DATE SIGNED 03/09/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Mar 09 18:52:31 ET 2020
TEAS STAMP USPTO/ROA-XXX.XXX.X.XX-20
200309185231359640-884821
58-71038e952a91cc6e6d1fd7
85a99a697ec801eb2e1e2b669
766ae3571123a202813-N/A-N
/A-20200309184529539640



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. 88482158 HOFMANN(Standard Characters, see http://uspto.report/TM/88482158/mark.png) has been amended as follows:

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

Applicant has concurrently filed an Amendment to Allege Use and is amending this mark to the Supplemental Register for purposes of addressing the 2(e)(4) Primarily Merely a Surname refusal.
Requested Information Regarding the Mark: HOFMANN is the surname of the owner of the Applicant Limited Liability Company.


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Mammoth Holdings, LLC, a limited liability company legally organized under the laws of California, having an address of
      519 Quarantina Street
      Santa Barbara, California 93103
      United States

Proposed: Mammoth Holdings, LLC, a limited liability company legally organized under the laws of California, having an address of
      519 Quarantina Street
      Santa Barbara, California 93103
      United States
      Email Address: applicant@lozaip.com

The owner's/holder's current attorney information: Christina S. Loza. Christina S. Loza of BUYNAK FAUVER ARCHBALD & SPRAY, LLP, is located at

      820 STATE STREET, 4TH FLOOR
      SANTA BARBARA, California 93101
      United States
The docket/reference number is BUYN-253B.
      The phone number is 805-617-3234.
      The fax number is 805-966-7227.
      The email address is tloza@BFASlaw.com

The owner's/holder's proposed attorney information: Christina S. Loza. Christina S. Loza of BUYNAK FAUVER ARCHBALD & SPRAY, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      820 STATE STREET, 4TH FLOOR
      SANTA BARBARA, California 93101
      United States
The docket/reference number is BUYN-253B.
      The phone number is 805-617-3234.
      The fax number is 805-966-7227.
      The email address is tloza@BFASlaw.com

Christina S. Loza 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.Correspondence Information (current):
      CHRISTINA S. LOZA
      PRIMARY EMAIL FOR CORRESPONDENCE: tloza@BFASlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tina-pto@lozaip.com

The docket/reference number is BUYN-253B.
Correspondence Information (proposed):
      Christina S. Loza
      PRIMARY EMAIL FOR CORRESPONDENCE: tloza@BFASlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tina-pto@lozaip.com

The docket/reference number is BUYN-253B.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Christina S. Loza/      Date: 03/09/2020
Signatory's Name: Christina S. Loza
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone Number: 949-705-6777


Response Signature
Signature: /Christina S. Loza/     Date: 03/09/2020
Signatory's Name: Christina S. Loza
Signatory's Position: Attorney of Record, CA bar member

Signatory's Phone Number: 949-705-6777

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:    CHRISTINA S. LOZA
   BUYNAK FAUVER ARCHBALD & SPRAY, LLP
   
   820 STATE STREET, 4TH FLOOR
   SANTA BARBARA, California 93101
Mailing Address:    Christina S. Loza
   BUYNAK FAUVER ARCHBALD & SPRAY, LLP
   820 STATE STREET, 4TH FLOOR
   SANTA BARBARA, California 93101
        
Serial Number: 88482158
Internet Transmission Date: Mon Mar 09 18:52:31 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20200309185231359
640-88482158-71038e952a91cc6e6d1fd785a99
a697ec801eb2e1e2b669766ae3571123a202813-
N/A-N/A-20200309184529539640



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