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. 88493358 FOUR OAKS(Standard Characters, see http://uspto.report/TM/88493358/mark.png) has been amended as follows:

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

In the Official Action, the Examiner has requested additional information regarding the meaning of Applicant's mark and the significance of the wording that comprises Applicant's mark. Applicant states that its mark "FOUR OAKS" was inspired by Applicant's recent land and building acquisition. For storage purposes, Applicant bought a large 1920's building that had been owned by Flint Ink Corporation. Directly outside the building was a row of four very large, majestic oak trees. The beautiful trees left a striking impression on the Applicant. After some thought, Applicant believed that "FOUR OAKS" would serve as a good trademark for Applicant's goods. Applicant notes that the wording in the mark "FOUR OAKS" does not have any meaning or significance in the trade or industry in which applicant's goods are manufactured or provided, any meaning or significance as applied to applicant?s goods, and the wording is not a term of art within applicant's industry. Applicant affirmatively states that its goods do not originate and/or have any connection to the tiny town of Four Oaks, North Carolina. With this information in mind, Applicant respectfully requests that the present mark be passed to publication at an early date.

The applicant's current attorney information: John S. Egbert. John S. Egbert of EGBERT, MCDANIEL & SWARTZ, PLLC, is located at

      1001 TEXAS AVE., SUITE 1250
      HOUSTON, Texas 77002
      US
The docket/reference number is 2984-68.

The phone number is 713-224-8080.

The fax number is 713-223-4873.

The email address is mail@emsip.com

The applicants proposed attorney information: John S. Egbert. Other appointed attorneys are Michael F. Swartz, Kevin S. Wilson. John S. Egbert of EGBERT, MCDANIEL & SWARTZ, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1001 TEXAS AVE., SUITE 1250
      HOUSTON, Texas 77002
      United States
The docket/reference number is 2984-68.

The phone number is 713-224-8080.

The fax number is 713-223-4873.

The email address is mail@emsip.com

John S. Egbert 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: JOHN S. EGBERT. JOHN S. EGBERT of EGBERT, MCDANIEL & SWARTZ, PLLC, is located at

      1001 TEXAS AVE., SUITE 1250
      HOUSTON, Texas 77002
      US
The docket/reference number is 2984-68.

The phone number is 713-224-8080.

The fax number is 713-223-4873.

The email address is mail@emsip.com; USPTO@dockettrak.com

The applicants proposed correspondence information: John S. Egbert. John S. Egbert of EGBERT, MCDANIEL & SWARTZ, PLLC, is located at

      1001 TEXAS AVE., SUITE 1250
      HOUSTON, Texas 77002
      United States
The docket/reference number is 2984-68.

The phone number is 713-224-8080.

The fax number is 713-223-4873.

The email address is mail@emsip.com

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: /2984-68/      Date: 10/11/2019
Signatory's Name: Michael F. Swartz
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 713-224-8080


Response Signature
Signature: /2984-68/     Date: 10/11/2019
Signatory's Name: Michael F. Swartz
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 713-224-8080

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:    JOHN S. EGBERT
   EGBERT, MCDANIEL & SWARTZ, PLLC
   
   1001 TEXAS AVE., SUITE 1250
   HOUSTON, Texas 77002
Mailing Address:    John S. Egbert
   EGBERT, MCDANIEL & SWARTZ, PLLC
   1001 TEXAS AVE., SUITE 1250
   HOUSTON, Texas 77002
        
Serial Number: 88493358
Internet Transmission Date: Fri Oct 11 16:15:13 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019101116151376
8841-88493358-6102be3813638654bc8adba834
753137a9d8d4c22b1bfc86e55e762fae82226559
-N/A-N/A-20191011161307889901