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. 88765203 KINFOLK(Standard Characters, see http://uspto.report/TM/88765203/mark.png) has been amended as follows:

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

AndBeyond America LLC (AndBeyond) are affiliates of and under common control with Kinfolk LLC which hold varioius trademarks with the Kinfolk name under classes 3, 16, 21, 24, 30, 35, 36, 41 and under serial numbers 88451162, 86004200, 85547617, 86004200, 86004200, 86004200, 85901394, 88127182 and 85547617. There is a co-existance agreement with Kinfolk Inc with another trademark. Kinfolk Inc originally applied for the hotel classification but abandoned the application. AndBeyond seeks only to do temporary lodging and intends to respect the restaurant designation of Kinfolk Inc.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 043 for Hotel accommodation services; Hotel and motel services; Providing hotel accommodation; Providing temporary accommodation at HOTEL; Resort hotel 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.

Proposed:
Tracked Text Description: Hotel accommodation services; Hotel and motel services; Providing hotel accommodation; Providing temporary accommodation at HOTEL; Providing temporary accommodation at HOTELS; Resort hotel servicesClass 043 for Hotel accommodation services; Hotel and motel services; Providing hotel accommodation; Providing temporary accommodation at HOTELS; Resort hotel 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: AndBeyond America LLC, a limited liability company legally organized under the laws of New York, having an address of
      c/o Drohan Lee LLP, 680 Fifth Avenue
      New York, New York 10019
      United States

      2127100003
Proposed: AndBeyond America LLC, a limited liability company legally organized under the laws of New York, having an address of
      chuljoon.park@andbeyond.net
      c/o Drohan Lee, 680 5th Ave
      New York, New York 10019
      United States
      Email Address: XXXX
      2127100004
      2127100003
Correspondence Information (current):
      VIVIAN RIVERA DROHAN
      PRIMARY EMAIL FOR CORRESPONDENCE: vdrohan@dlkny.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Vivian Rivera Drohan
      PRIMARY EMAIL FOR CORRESPONDENCE: vdrohan@dlkny.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): aswift@dlkny.com

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).

SIGNATURE(S)
Response Signature
Signature: /Vivian Rivera Drohan/     Date: 04/15/2020
Signatory's Name: Vivian Rivera Drohan
Signatory's Position: Attorney of Record

Signatory's Phone Number: 2127100004

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:    VIVIAN RIVERA DROHAN
   DROHAN LEE LLP
   
   680 FIFTH AVENUE
   NEW YORK, New York 10019
Mailing Address:    Vivian Rivera Drohan
   DROHAN LEE LLP
   680 FIFTH AVENUE
   NEW YORK, New York 10019
        
Serial Number: 88765203
Internet Transmission Date: Wed Apr 15 10:01:05 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020041510010533
5646-88765203-710343be2447e67cc91a820b8f
905ed4a1928466509d94dc3fd53dc3d2d35ef4c-
N/A-N/A-20200415093750179420