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. 97975098 WAGON WHEEL(Standard Characters, see http://uspto.report/TM/97975098/mark.png) has been amended as follows:

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

In response to the refusal under Section 2(d) as it relates to Reg. No. 6,252,126, the owner of the cited registration consents to registration of Applicant's mark, as evidenced by the Consent to Registration agreement submitted herewith. Applicant requests that this citation be withdrawn. Regarding application number 88/879,207, the owner of the cited application, Oxnard CRFL Partners, LLC is a related company to Applicant Wagon Wheel Brewing Company, LLC, operating under common ownership and control. For these reasons Applicant requests that this citation be withdrawn. Regarding application number 90/684,028, Applicant notes that this application was filed after application number 88/879,207 and has been preliminarily refused in view thereof. Applicant requests that this citation be withdrawn or that examination be suspend pending disposition of the cited application.

EVIDENCE
Evidence has been attached: Consent to Registration Agreement
Original PDF file:
evi_2600880061a84500c4d93 d57c1ff8fe7-2023030711390 6165751_._xecuted_Tre_Hol dco_Inc_-_Wagon_Wheel_Cid er_Consent_Agreement.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Correspondence Information
      Bradley P. Hartman
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@hartmantitus.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bhartman@hartmantitus.com

The docket/reference number is 1501.01.02.

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: /bradley p hartman/     Date: 03/07/2023
Signatory's Name: Bradley P. Hartman
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602-759-7459 Signature method: Signed directly within the form

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:    Bradley P. Hartman
   HARTMAN TITUS PLC
   
   2 N. Central Ave, Ste 1800
   Phoenix, Arizona 85004
Mailing Address:    Bradley P. Hartman
   HARTMAN TITUS PLC
   2 N. Central Ave, Ste 1800
   Phoenix, Arizona 85004
        
Serial Number: 97975098
Internet Transmission Date: Tue Mar 07 11:59:58 ET 2023
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20230307115958356276-97975098-
8509764517f10f43cc63ac560b9a4e8f4776caa9
8e4bb5e76895d7a8f2e495445a7-N/A-N/A-2023
0307113906165751