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Request for Reconsideration After Final 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 1960 (Rev 10/2011) OMB No. 0651-0050 (Exp 09/20/2020) Request for Reconsideration after Final Action The table below presents the data as entered. Input Field Entered SERIAL NUMBER 87548378 LAW OFFICE ASSIGNED LAW OFFICE 123 MARK SECTION MARK https://tmng-al.uspto.gov/resting2/api/img/87548378/large LITERAL ELEMENT CRAWFORD GRILL STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES The mark consists of standard characters, without claim to any particular font style, MARK STATEMENT size or color. ARGUMENT(S) PARTIAL SECTION 2(E)(4) REFUSAL – PRIMARILY MERELY A SURNAME The Examiner has objected to Classes 41 and 43 of the Application as relating only to a surname. In particular, while the Examiner acknowledges that the Applicant has shown that CRAWFORD GRILL is recognized as a historic landmark in Pittsburgh, the Examiner indicates that word “Crawford” alone only has historic meaning as a surname. In response, the Applicant respectfully submits that the historic significance of Applicant’s mark must be considered with respect to the mark as a whole and not by separating “Crawford” from “Grill.” As set forth in Section 1211.01(b) of the TMEP: The question remains whether the mark sought to be registered as a whole would be perceived by the public primarily merely as a surname. In re Hutchinson Tech. Inc., 852 F.2d 552, 554, 7 USPQ2d 1490, 1492 (Fed. Cir. 1988). The determination involves assessing the distinctiveness of the additional matter and whether its addition to the surname alters the primary significance of the mark as a whole to the purchasing public. Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 123 USPQ2d 1411, 1415 (Fed. Cir. 2017). (Emphasis added). Section 1211.01(b)(vii) further explains that, while refusal under Section 2(e)(4) may be appropriate where wording added to a surname is descriptive, such a refusal is not automatic. Instead, the meaning of the mark as a whole must be assessed to determine whether adding the additional term to the surname alters the primary significance of the mark as a whole. Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 123 USPQ2d 1411, 1415 (Fed. Cir. 2017) (remanding to the Board to determine both whether the term COLLECTION in the mark EARNHARDT COLLECTION is merely descriptive and the primary significance of the mark as a whole to the purchasing public). The present mark, as a whole, has long-standing and historic recognition as a nightclub and venue for music, and the Examiner notes that the Applicant has shown that the mark “CRAWFORD GRILL” as a whole has historical meaning and is recognized as a historical landmark. In addition to the evidence previously offered, Applicant further submits the following evidence demonstrating the significance and historic meaning of the mark CRAWFORD GRILL as a whole and its relation, by common ownership, to the Pittsburgh Crawfords Negro league baseball team. Indeed, the term “Crawfords” standing alone has significance and historical meaning in baseball history and, in particular, within Western Pennsylvania. 1. See The Pitt News (December 5, 2003) (https://pittnews.com/article/36078/archives/crawford-grill-celebrates-60-years/ ) (“ Opening for business in November 1943, at 2141 Wylie Ave., the Crawford Grill Concert Hall and Lounge was the second “Crawford Grill” opened by “numbers baron” William A. (Gus) Greenlee, who also owned the Pittsburgh Crawfords Negro League baseball team. With the help of business partner Joseph Robinson, the Crawford #2 quickly became famous as a cultural meeting place and a venue for great jazz music.”) (Exhibit A hereto) . 2. Western Pennsylvania Sports Museum at the History Center (https://www.heinzhistorycenter.org/exhibits/negro-league- baseball) (“ The Crawfords rose to prominence after Gus Greenlee bought the team in 1931 with profits from his popular night club, the Crawford Grill, and winnings from running the “numbers game.” Greenlee stocked his team with some of the best African American talent in baseball, enticing players such as Gibson and Oscar Charleston to leave the Homestead Grays to come play for the Crawfords. With a stacked roster, the Crawfords developed into one of the best teams in baseball, peaking with a Negro National League championship in 1935.”) (Exhibit B hereto). See also Daily Gammons (http://www.gammonsdaily.com/negro-league-spotlight-the-pittsburgh-crawfords/) (“ From 1932 to 1936 the Pittsburgh Crawfords were the class of the Negro Leagues. Often referred to as the greatest Negro League team of all- time, the Crawfords had a roster stacked with talent, including 5 Hall of Famers: Oscar Charleston, Josh Gibson, Judy Johnson, James Cool Papa Bell, and Satchel Paige. Owned by Pittsburgh businessmen Gus Greenlee, the Crawfords were able to sign many of the game’s top African-American players in the wake of a financial collapse in the Negro National League and the Eastern Colored League in the late 20’s and early 30’s. In that small window of the 1930’s, the Crawfords were near, if not atop, the standings at each season’s end.”) (Exhibit C hereto). 3. See supporting references to: https://en.wikipedia.org/wiki/Crawford_Grill (“ The Crawford Grill was a renowned jazz club that operated in two locations in the Hill District of Pittsburgh, Pennsylvania. During its heyday in the 1950s and 60s, the second Crawford Grill venue hosted local and nationally-recognized acts, including jazz legends Art Blakey, Charles Mingus, Max Roach, Miles Davis, John Coltrane, Bill Evans, and Kenny Burrell. The club, an important social gathering spot for Pittsburgh's African-American communities, drew devoted listeners from the region's ethnically and racially diverse population making it a rare site of interracial socializing during the civil rights period. The Crawford Grill was one of many black-owned neighborhood clubs in the Eastern United States that supported a tour circuit for small jazz ensembles during the genre's "golden age." Despite the riots of 1968, which severely damaged the neighborhood's economic infrastructure, the club continued to operate until 2003, when it was shuttered. In 2010, a group of local investors purchased the property with the goal of restoring and reopening the location as a venue and restaurant.”) (Exhibit D hereto). Accordingly, the Applicant respectfully submits that primary meaning of the mark CRAWFORD GRILL as a whole is not as a surname. If there is any doubt as to whether a term is primarily merely a surname, the Board will resolve the doubt in favor of the applicant. In re Yeley, 85 USPQ2d 1150, 1151 (TTAB 2007); Benthin, 37 USPQ2d at 1334; TMEP §1211.01. EVIDENCE SECTION EVIDENCE FILE NAME(S) ORIGINAL PDF FILE evi_5020779218-20181106142230720659_._CrawfordGrill_ExA.pdf CONVERTED PDF FILE(S) \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0002.JPG (4 pages) \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0003.JPG \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0004.JPG \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0005.JPG ORIGINAL PDF FILE evi_5020779218-20181106142230720659_._CrawfordGrill_ExB.pdf CONVERTED PDF FILE(S) \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0006.JPG (3 pages) \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0007.JPG \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0008.JPG ORIGINAL PDF FILE evi_5020779218-20181106142230720659_._CrawfordGrill_ExC.pdf CONVERTED PDF FILE(S) \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0009.JPG (3 pages) \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0010.JPG \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0011.JPG ORIGINAL PDF FILE evi_5020779218-20181106142230720659_._CrawfordGrill_ExD.pdf CONVERTED PDF FILE(S) \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0012.JPG (3 pages) \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0013.JPG \\TICRS\EXPORT17\IMAGEOUT17\875\483\87548378\xml8\RFR0014.JPG Exhibit A: The Pitt News (December 5, 2003) (https://pittnews.com/article/36078/archives/crawford-grill-celebrates-60-years/); Exhibit B: Western Pennsylvania Sports Museum at the History Center DESCRIPTION OF EVIDENCE FILE (https://www.heinzhistorycenter.org/exhibits/negro-league-baseball); Exhibit C: Daily Gammons (http://www.gammonsdaily.com/negro-league-spotlight-the- pittsburgh-crawfords/); Exhibit D: Wikipedia Page (https://en.wikipedia.org/wiki/Crawford_Grill) SIGNATURE SECTION RESPONSE SIGNATURE /David G. Oberdick/ SIGNATORY'S NAME David G. Oberdick SIGNATORY'S POSITION Attorney of Record, PA Bar Member SIGNATORY'S PHONE NUMBER 412-456-2881 DATE SIGNED 11/06/2018 AUTHORIZED SIGNATORY YES CONCURRENT APPEAL NOTICE FILED YES FILING INFORMATION SECTION SUBMIT DATE Tue Nov 06 14:39:50 EST 2018 USPTO/RFR-XX.XXX.XX.XXX-2 0181106143950278047-87548 378-610f8a846a81f79df3248 TEAS STAMP 80f4b5906137c8f7abb2d9258 616fcc1e639def238b43-N/A- N/A-20181106142230720659 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 1960 (Rev 10/2011) OMB No. 0651-0050 (Exp 09/20/2020) Request for Reconsideration after Final Action To the Commissioner for Trademarks: Application serial no. 87548378 CRAWFORD GRILL(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87548378/large) has been amended as follows: ARGUMENT(S) In response to the substantive refusal(s), please note the
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