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. 88510331 OAK CLIFF (Stylized and/or with Design, see http://uspto.report/TM/88510331/mark.png) has been amended as follows:

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

In response to the Office Action dated July 25, 2019, Applicant hereby presents the following information regarding the above-identified application: 

Introduction 

The Examining Attorney has refused registration of Applicant’s OAK CLIFF (and design) mark (“Applicant’s Mark”) under Section 2(d) on the grounds that the applied-for mark is likely to cause confusion with U.S. Registration No. 5,113,944 (the “Cited Mark”) for OAK CLIFF CELLARS.

Ownership of Cited Mark

A Trademark Assignment assigning ownership of the Cited Mark to Dynasty Spirts, Inc., the Applicant herein, has been recorded with the USPTO Assignment Recordation Branch at Reel No. 6782; Frame No. 0848.  Attached is a copy of the Notice of Recordation of Assignment Document issued by the USPTO Assignment Recordation Branch evidencing the recordation of the Trademark Assignment (Exhibit A). 

Based on Applicant’s claim of ownership of the Cited Mark, the Cited Mark should not be used as a citation under Trademark Act Section 2(d). 

Conclusion

Applicant has addressed all matters raised by the Examiner in the Office Action.  Applicant respectfully requests that its mark be approved for publication.

EVIDENCE
Evidence in the nature of Exhibit A - Notice of Recordation of Assignment Document has been attached.
Original PDF file:
evi_64183207146-20191112131334111516_._Exhibit_A-Notice_of_Recordation-OAK_CLIFF_CELLARS.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

The applicant's current attorney information: David W. Carstens. David W. Carstens of CARSTENS & CAHOON, LLP, is located at

      P.O. BOX 802334
      DALLAS, Texas 75380
      US
The docket/reference number is ADSPI.0532.

The phone number is 972-367-2001.

The fax number is 972-367-2002.

The email address is tmdocketing@cclaw.com

The applicants proposed attorney information: David W. Carstens. Other appointed attorneys are Colin P. Cahoon, Vincent J. Allen, Jeffrey G. Degenfelder, James R. Gourley, Shaukat A. Karjeker, James H. Ortega, Andrew Reed, James Tuck, and Brandon V. Zuniga. David W. Carstens of CARSTENS & CAHOON, 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

      P.O. BOX 802334
      DALLAS, Texas 75380
      United States
The docket/reference number is ADSPI.0532.

The phone number is 972-367-2001.

The fax number is 972-367-2002.

The email address is tmdocketing@cclaw.com

David W. Carstens 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: DAVID W. CARSTENS. DAVID W. CARSTENS of CARSTENS & CAHOON, LLP, is located at

      P.O. BOX 802334
      DALLAS, Texas 75380
      US
The docket/reference number is ADSPI.0532.

The phone number is 972-367-2001.

The fax number is 972-367-2002.

The email address is tmdocketing@cclaw.com

The applicants proposed correspondence information: David W. Carstens. David W. Carstens of CARSTENS & CAHOON, LLP, is located at

      P.O. BOX 802334
      DALLAS, Texas 75380
      United States
The docket/reference number is ADSPI.0532.

The phone number is 972-367-2001.

The fax number is 972-367-2002.

The email address is tmdocketing@cclaw.com

SIGNATURE(S)
Response Signature
Signature: /David W. Carstens/     Date: 11/12/2019
Signatory's Name: David W. Carstens
Signatory's Position: Attorney of Record

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:    DAVID W. CARSTENS
   CARSTENS & CAHOON, LLP
   
   P.O. BOX 802334
   DALLAS, Texas 75380
Mailing Address:    David W. Carstens
   CARSTENS & CAHOON, LLP
   P.O. BOX 802334
   DALLAS, Texas 75380
        
Serial Number: 88510331
Internet Transmission Date: Tue Nov 12 13:21:25 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201911121321259
89484-88510331-7005b56878cae49ac9473ad8a
ed7e3fe7bb36d22b2eda104f54becf60a9da121d
-N/A-N/A-20191112131334111516