Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 97273532 HUDSON HOUSE(Standard Characters, see http://uspto.report/TM/97273532/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 043 for Restaurant and bar services, including restaurant carryout services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/17/2008 and first used in commerce at least as early as 06/17/2008 , and is now in use in such commerce.


Proposed:
Class 043 for Restaurant and bar services, including restaurant carryout services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/17/2008 and first used in commerce at least as early as 06/17/2008 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 043. The specimen(s) submitted consists of Applicant's restaurant and bar menu showing the applied for mark as used in connection with the services..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-21623121126-20230103 151957010332_._HH_Menu.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2


Webpage URL: None Provided
Webpage Date of Access: None Provided

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Hudson House LLC, a limited liability company legally organized under the laws of California, having an address of
      514 N Pacific Coast Hwy
      Redondo Beach, California 90277
      United States
      Email Address: XXXX
      310-372-0006
Proposed: Hudson House Redondo Beach, LLC, DBA Hudson House, a limited liability company legally organized under the laws of California, having an address of
      514 N Pacific Coast Hwy
      Redondo Beach, California 90277
      United States
      Email Address: XXXX
      310-372-0006

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use HOUSE apart from the mark as shown.


Miscellaneous Statement
Applicant, Hudson House LLC (hereinafter "Applicant") hereby submits the following response to Office Action dated December 5, 2022 in this matter, as follows. REQUEST TO AMEND APPLICANT NAME The Examining Attorney denied Applicant's earlier request to amend Applicant's name from Hudson House LLC to Hudson House Redondo Beach LLC. Applicant clarifies that the application was erroneously filed with the trade name set forth as applicant, namely, Hudson House LLC. Pursuant to TMEP §1201.02(c), Applicant requests the applicant name change from Hudson House LLC to Hudson House Redondo Beach, LLC, Applicant's correct legal name.


The owner's/holder's current attorney information: Joshua Kushner. Joshua Kushner of THE KUSHNER LAW OFFICES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4532 KRAFT AVE.
      NORTH HOLLYWOOD, California 91602
      United States
      The phone number is 818-850-2749.
      The email address is jkushner@thekushneroffices.com

The owner's/holder's proposed attorney information: Joshua Kushner. Joshua Kushner of Weeks Nelson, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO Box 675963
      Rancho Santa Fe, California 92067
      United States
The docket/reference number is HUDSON HOUSE.
      The phone number is 8587942140.
      The email address is nelson@weeksnelson.com

Joshua Kushner 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):
      Joshua Kushner
      PRIMARY EMAIL FOR CORRESPONDENCE: jkushner@thekushneroffices.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kate.failor@gmail.com
Correspondence Information (proposed):
      Joshua Kushner
      PRIMARY EMAIL FOR CORRESPONDENCE: nelson@weeksnelson.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ip@weeksnelson.com

The docket/reference number is HUDSON HOUSE.

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)
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: /Gregory K. Nelson/      Date: 01/03/2023
Signatory's Name: Gregory K. Nelson
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 8587942140

Signature method: Signed directly within the form

Response Signature
Signature: /Gregory K. Nelson/     Date: 01/03/2023
Signatory's Name: Gregory K. Nelson
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 8587942140 Signature method: Signed directly within the form

The signatory has confirmed that an authorized U.S. licensed attorney has been appointed to represent the owner/holder; that he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c)(1) by the USPTO's Office of Enrollment and Discipline; and, that he/she is an authorized signatory based on 37 C.F.R. §11.14(c)(2).

Mailing Address:    Joshua Kushner
   THE KUSHNER LAW OFFICES
   
   4532 KRAFT AVE.
   NORTH HOLLYWOOD, California 91602
Mailing Address:    Joshua Kushner
   Weeks Nelson
   PO Box 675963
   Rancho Santa Fe, California 92067
        
Serial Number: 97273532
Internet Transmission Date: Tue Jan 03 15:33:59 ET 2023
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202301031533592
37430-97273532-850d69cfe248e18c2991312cc
19aa433da95f25295e51a66ec32bf2956b62b6-N
/A-N/A-20230103151957010332