ESTTA998899 08/30/2019 in the UNITED STATES PATENT and TRADEMARK OFFICE BEFORE the TRADEMARK TRIAL and APPEAL BOARD Proceeding 9

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA998899 Filing date: 08/30/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91235706 Party Plaintiff Del Taco LLC Correspondence APRIL L BESL Address DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINNATI, OH 45202 UNITED STATES [email protected], [email protected] 513-977-8200

Submission Plaintiff's Notice of Reliance Filer's Name Ashley J. Earle Filer's email [email protected], [email protected], [email protected] Signature /Ashley J. Earle/ Date 08/30/2019 Attachments Del Taco Notice of Reliance Application and Registration Files 2.pdf(435378 bytes ) Exhibit 10 a compressed.pdf(1887782 bytes ) Exhibit 10b Portions of Applicants File for 85040746-compressed.pdf(2889016 bytes ) Exhibit 11 Portions of Opposers USPTO file for 4261951.pdf(1299792 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

NAUGLES CORP., ) ) Petitioner, ) -vs- ) ) Cancellation No.: 92064091 DEL TACO LLC ) Registration No.: 4,261,951 ) Mark: NAUGLES Respondent. )

) Consolidated with:

) DEL TACO LLC, ) Opposition No.: 91235706 Opposer, ) U.S. Application: 85/040,746 ) Mark: NAUGLES -vs- ) ZIEBARTH HOLDINGS, LLC ) ) Applicant. )

RESPONDENT/OPPOSER DEL TACO LLC’S NOTICE OF RELIANCE ON APPLICATION AND REGISTRATION FILES

Pursuant to 37 C.F.R. § 2.122(b), 37 C.F.R. § 2.122(d) and 37 C.F.R. § 2.122(g),

Respondent/Opposer Del Taco LLC (“Del Taco”), by and through counsel, hereby submits this Notice of

Reliance to give notice that it will rely on the following exhibits, attached hereto, as evidence in support of its case:

Exhibit No. Description Relevant Issue(s) 10 Portions of Applicant’s This exhibit is associated with at least the issues of USPTO File associated with Fraud and Likelihood of Confusion in Counts I and U.S. Serial No. 85/040,746 III, respectively. Specifically, this exhibit is relevant for the NAUGLES mark, at least to, among other things, Applicant’s including specimen, date of knowingly false material representations made to the use, and statements made. USPTO, the similarity of the marks in their entireties as to appearance, source, connotation and commercial impression, the similarity and nature of the goods or services as described in the application, and the length of time under which there have been concurrent use. 11 Portions of Opposer’s This exhibit is associated with at least the issue of USPTO File associated with Likelihood of Confusion in Count III. Specifically, U.S. Registration No. this exhibit is relevant at least to, among other things, 4,261,951 for the NAUGLES the similarity of the marks in their entireties as to mark, including specimen, appearance, source, connotation and commercial impression, the similarity and nature of the goods or date of use, and all statements services as described in the application, and the made. length of time under which there have been concurrent use.

Date: August 30, 2019 Respectfully submitted, By: /s/ April L. Besl April L. Besl, Esq. Govinda M. Davis, Esq. Ashley J. Earle, Esq. Dinsmore & Shohl LLP 255 East Fifth Street, Suite 1900 Cincinnati, OH 45202 Telephone: (513) 977-8527 Facsimile: (513) 977-8141 E-mail: [email protected] [email protected] [email protected]

Attorneys for Respondent/Opposer Del Taco, LLC CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of the foregoing Notice of Reliance on Application and Registration Files has been served on counsel for Applicant by e-mail to:

Ms. Kelly K. Pfeiffer, Esq. [email protected]

By: /s/ April L. Besl EXHIBIT 10 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. TO FWITI l itt iR'rl Ot: • 01 011:1:2(z I Response to Office Action

The table below presents the data as entered.

SERIAL 85040746 NUMBER LAW OFFICE LAW OFFICE 118 ASSIGNED

MARK SECTION

MARK https://tmng-al.uspto.goviresting2/api/img/85040746/large

LITERAL ELEMENT NAUGLES

STANDARD YES CHARACTERS

USPTO-GENERATED YES IMAGE

MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color. ARGUMENT(S)

Applicant's substantive arguments have been provided as a PDF in the Evidence section of this Response. EVIDENCE SECTION

EVIDENCE FILE NAME(S)

ORIGINAL PDF evi 1725616151-20170406163826620131 . Response to 1-17-17 Office Action 4-6-17 .pdf FILE

CONVERTED PDF FILE(S) \\TICRS\EXPORT17\IMAGEOUT17\8501407\85040746\xml5\ROA0002.1PG (3 pages) \\TICRS\EXPORTINMAGEOUT17\850\407\85040746\xml5\120A0003.JPG

\\TICRS\EXPORT' 7 \IMAGEOUT17\850 \407\85040746 Vm15\ROA0004.JPG

ORIGINAL PDF evi 1725616151-20170406163826620131 . Ziebarth Holdings-executed assignment.pdf FILE

CONVERTED PDF FILE(S) \\TICRS\EXPORT17\IMAGEOUT17\850\407185040746\xml5\ROA0005.JPG (1 page)

ORIGINAL PDF evi 1725616151-20170406163826620131 otice of USPTO Assignment Ziebarth to Ziebarth Holdings LLC.pdf FILE

CONVERTED PDF FILE(S) \\TICRS\EXPoRT17\IMAGEOUT171850\407\85040746\xml5\ROA0006.1PG (1 page)

ORIGINAL PDF evi 1725616151-20170406163826620131 . Assignment Ziebarth to Ziebarth Holdings LLC Cover Sheet .pdf FILE

CONVERTED PDF FILE(S) \\TICR.S\EXPORT17 \1MAGEOUTI7 \ 850 \ 407 \ 85040746 \xml5\R 0A0007.JPG (1 page)

1. PDF containing Applicant's substantive arguments in response to the 1-17-17 Office Action 2. Assignment of DESCRIPTION OF LLG 3. Notice of Recordation of Assignment at EVIDENCE FILE NAUGLES trademark from C. Ziebarth to Ziebarth Holdings, USPTO 1 4. Assignment Cover Sheet ADDITIONAL STATEMENTS SECTION

I SECTION 2(f) Claim of Acquired The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous Distinctiveness, based use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before on Five or More Years' the date of this statement. ,•• Use

SIGNATURE SECTION

DECLARATION /Kelly K. Pfeiffer/ SIGNATURE

SIGNATORY'S NAME Kelly K. Pfeiffer

SIGNATORY'S Attorney of record, California bar member POSITION

SIGNATORY'S 714-288-2826 PHONE NUMBER

DATE SIGNED 04/06/2017

RESPONSE /Kelly K. Pfeiffer/ SIGNATURE

SIGNATORY'S NAME Kelly K. Pfeiffer

SIGNATORY'S Attorney of record, California bar member POSITION

SIGNATORY'S 714-288-2826 PHONE NUMBER

DATE SIGNED 04/06/2017

AUTHORIZED YES SIGNATORY

FILING INFORMATION SECTION

SUBMIT DATE Thu Apr 06 16:53:12 EDT 2017 USPTO/ROA-XXX.XX.XX.XXX-2 0170406165312857372-85040 746-5802a44fd41a8b6f2ee79 TEAS STAMP 1d9db418bd30706b32915669d 3393cd2cbfa3db39548d-N/A- N/A-20170406163826620131

Under the Paperwork Reduction Act of 1995 no persons arc required to respond to a collection of information unless it displays a valid OMB control number.

•

Response to Office Action To the Commissioner for Trademarks:

Application serial no. 85040746 NAUGLES(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/85040746/large) has been amended as follows:

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

Applicant's substantive arguments have been provided as a PDF in the Evidence section of this Response. EVIDENCE Evidence in the nature of 1. PDF containing Applicant's substantive arguments in response to the 1-17-17 Office Action 2. Assignment of NAUGLES trademark from C. Ziebarth to Ziebarth Holdings, LLC 3. Notice of Recordation of Assignment at USPTO 4. Assignment Cover Sheet has been attached. Original PDF file: evi 1725616151-20170406163826620131 Response to 1-17-17 Office Action 4-6-17 .pdf Converted PDF file(s)( 3 pages) Evidence-1 Evidence-2 Evidence-3 Original PDF file: evi 1725616151-20170406163826620131 Ziebarth Holdings-executed assignment.pdf Converted PDF file(s)( I page) Evidence-1. Original PDF file: evi 1725616151-20170406163826620131 . otice of USPTO Assignment. Ziebarth to Ziebarth Holdings LLC.pdf Converted PDF file(s)( 1 page) Evidence-1 Original PDF file: evi 1725616151-201.70406163826620131. Assignment Ziebtu•th to Ziebarth floldiny„s I.,LC Cover Sheet .pdf Converted PDF file(s)( I page) Evidence-1

ADDITIONAL STATEMENTS SECTION 2(t) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

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 arc believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §105I(a) or AOU under 15 U.S.C. §I051(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;fora 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), 1 126(d), and/or 1 126(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;fir 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: /Kelly K. Pfeiffer/ Date: 04/06/2017 Signatory's Name: Kelly K. Pfeiffer Signatory's Position: Attorney of record, California bar member Signatory's Phone Number: 714-288-2826

Response Signature Signature: /Kelly K. Pfeiffer/ Date: 04/06/2017 Signatory's Name: Kelly K. Pfeiffer Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 714-288-2826

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter:(1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO;(2) the USPTO has granted the request of the prior representative to withdraw;(3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Serial Number: 85040746 Internet Transmission Date: Thu Apr 06 16:53:12 EDT 2017 TEAS Stamp: USPTP/R0A-XXX.XX.XX.XXX-2017040616531285 7372-85040746-5802a44fd41a8b6f2ee791d9db 418bd30706b32915669d3393cd2cbfa3db39548d -N/A-N/A-20170406163826620131 RESPONSE TO JANUARY lit 2017 OFFICE ACTION

I. ASSIGNMENT OF APPLICATION/NEW OWNER

Mr. Ziebarth, the previous owner and. original filer of this application, has recorded an 'assignment with the USPTO's Assignment Recordation Branch showing a clear chain of title to .the mark in th.e new owner, Ziebarth Holdings, LLC. The USPTO records now reflect this assignment and recognize Ziebarth Holdings, LLC (hereinafter "Applicant") as the owner of this application. Attached hereto is a copy of the Assignment, a copy of the Notice of Recordation and a copy of the Assignment Cover Sheet.

II. CLAIM OF ACQUIRED DISTINCTIVENESS

Applicant respectfully maintains its position that NAUGLES has acquired distinctiveness. Applicant has submitted the required sworn declaration to support this claim.

The NAUGLES mark has become distinctive of the services through Applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before its date of first use.

A. Applicant Has Enjoyed Substantially Exclusive and Continuous Use of the NAUGLES Mark in Commerce for Over Five Years.

"The Director may accept as prima facie evidence that the mark has become distinctive, as used on or in connection with the applicant's goods in commerce, proof of substantially exclusive and continuous use thereof as a mark by the applicant in comm.erce for the five years before the date on which the claim of distinctiveness is .made." 15 U.S.C. §1052(f). On September 29, 2015, Applicant filed an Amend.ment to Allege Use ("AAU")in connection with this application, declaring that the mark was first used at least as early as March 20, 2012, and first used in commerce at least as early as March 20, 2012, and is now in use in such commerce. Applicant submitted one specimen for the class showing the mark as used in commerce on or in connection with cafeteria and restaurant services consisting of an advertising and menu. On October 17, 2015, the A.AU was accepted. Applicant has enjoyed substantially exclusive and continuous use of the NAUGLES mark in commerce for over five years. Applicant is not aware of anyone else using NAUGLES in connection with cafeteria or restaurant services, This constitutes primafacia evidence that the NAUGLES mark has become distinctive and, as such, Applicant's 2(f) claim should be accepted.

B. Section 2(f) Allows For Registration Despite The Surname Reffisal.

"For most surnames, the statement of five years' -use will be sufficient to establish acquired distinctiveness." TMEP § .1212.05(a).

[Ulnlike the first five sections of 15 U.S.C. §1052 which define the grounds upon which a trademark registration is to be refused, Section 2(f) serves as an exception to a rejection under the provisions of one of the other sections, Section 2(e)(citation omitted). Section 2(1) permits registration of marks that, despite not qualifying for registration in light of Section 2(e), have nevertheless "become distinctive of the applicant's goods in commerce." Thus, "Section 2(f) is not a provision on which registration can be refused," . 'but is a provision under which an applicant has a chance to prove that he is entitled to a federal trademark registration which. would otherwise be refused. Yamaha 'Intl Corp. v. Hoshino Gakki Co., 840 F.2d 1572, 1580 (Fed. Cir. 1988), quoting hi re Capital Formation Counselors. Inc., 219 USPQ 916, 917 n.2(TTAB 1983).

Given the foregoing,.Applicant's Section 2(f) claim permits registration of this .Mark despite the Section 2(e)(4) surname refusal. This application should be allowed to register.

111. THE SURNAME REFUSAL IS IMPROPER

In the alternative, should the USPTO refuse Applicant's 2()claim, Applicant hereby respectfully maintains its position that NAUGLES is not primarily merely a surname. In addition to the arguments and evidence asserted on September 29, 2015 in its Request for Reconsideration, Applicant offers the following:

2 A. 000035% of the population in'the U.S. have the surname NAUGLES.

An infinitesimally small percentage of the population in the United States bears the surname NAUGLES. According to the U.S. Census Bureau, as of October 21, 2015, there are 322,001,329 people in the United States. Per the August 25, 2015 Outgoing Office Action., NAUGLES appears 113 times and NAUGLE appears 5,189 times as surnames in a nationwide telephone directory of names.

.000035% of the population in the U.S. has the surname NAUGLES. .001611% of the population in the U.S. has the surname NAUGLE. Given that only an extremely small percentage of the U.S. population have these surnames, NAUGLES is not primarily merely a surname.

B. The Trademark Office Has Not Been Consistent.

The Trademark Office has not been consistent in its handling,- of applications. On March 30, 2011, an application for the word mark NAUGLES was filed by a third party and matured into Registration No. 4261951. Although this third-party application was filed almost a full year qfter Applicant's, this third party application was not issued a surname refusal :for the same word mark. Treatment of Applicant's .NAUGLES application and treatment of the third. party NAUGLES application were not consistent. The Trademark Office should be consistent in its prosecution of applications. especially in light oldie USPTO's Consistency Initiative. As such, the surname refusal should be withdrawn.

3 ASSIGNMENT OF TRADEMARK

IN THE UNITED STATES PATENT AND TRADEMARK oy.FicK

MARK: NAIJGLES

APPLICATION SERIAL. NO.: 85040746

OWNER: Christian M. Ziebarth, an individual 2960 Champion Way,if 204 Tustin, California 92782

WHEREAS,Christian M.Ziebarth, assignor, residing at 2960 Champion Way,# 204, Tustin, California 92782, has adopted and used and is continuing to use a mark that is the subject of trademark application serial no. 85040746 currently pending before -the United States 'Patent and Trademark. Office and initially filed on May :17, 2010; and

WHEREAS,Ziebarth Holdings, LLC,assignee, of 2960 Champion Way,# 204, Tustin, California 92782, desires to acquire such mark and its pending trademark application;

THEREFORE,for good and valuable consideration, receipt of which is acknowledged, Christi= M. Ziebarth assigns to Ziebarth Holdings, LLC all rights, title and interest in and to the mark, together with the goodwill of the business symbolized by the mark and the above-identified application, Dated as of December 8, 2016

ASIGNOR: CHRISTIAN M.ZIEBARTH

Print: Christian M. Ziebarth UNITED STATES PATENT AND TRADEMARK OFFICE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OE THE UNITED STATES PATENT AND TRADE.W.RH OFFICE

MARCH. 30, 2017 PTAS

KELLY K. PFEIFFER 1122 E. LINCOLN AVE., SUITE 203 900400232 ORANGE, CA 92865

UNITED STATES PATENT AND TRADEMARK OFFICE NOT/ CE OF RECORDATION OF ASSIGNMENT DOCUMENT THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT RECORDATION BRANCH OF THE U.S. PATENT AND TRADEMARK OFFICE. A COMPLETE COPY IS AVAILABLE AT THE ASSIGNMENT SEARCH ROOM ON THE REEL AND FRAME NUMBER REFERENCED BELOW. PLEASE REVIEW ALL INFORMATION CONTAINED ON THIS NOTICE. THE INFORMATION CONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA PRESENT IN THE PATENT ANT) TRADEMARK ASSIGNMENT SYSTEM, IF YOU SHOULD FIND ANY ERRORS OR HAVE QUESTIONS CONCERNING THIS NOTICE, YOU MAY CONTACT THE ASSIGNMENT RECORDATION BRANCH AT 571-272-3350. PLEASE SEND REQUEST FOR CORRECTION TO: U.S. PATENT AND TRADEMARK OFFICE, MAIL STOP: ASSIGNMENT RECORDATION BRANCH, P.O. BOX 1450, ALEXANDRIA, VA 22313.

RECORDATION DATE: 03/29/2017 REEL/FRAME: 6021/0475 NUMBER OF PAGES: 2 BRIEF; ASSIGNS THE ENTIRE INTEREST ASSIGNOR: ZIEBARTH, CHRISTIAN M. DOC DATE: 12/08/2016 CITIZENSHIP: NONE ENTITY: INDIVIDUAL ASSIGNEE ZIEBARTH HOLDINGS, LLC CITIZENSHIP: NEVADA ENTITY: LIMITED LIABILITY COMPANY 2960 CHAMPION WAY, # 204 TUSTIN, CALIFORNIA 92782 SERIAL NUMBER: 85040746 FILING DATE: 05/17/2010 REGISTRATION NUMBER: REGISTRATION DATE: MARK; NAUGLES DRAWING TYPE: STANDARD CHARACTER MARK

ASSIGNMENT RECORDATION BRANCH PUBLIC RECORDS DIVISION

P.O.Box 1450. Alexandria, Virginia 22313-1450 - WVVVV USPTO.GOV 900400232 03/29/2017 TRADEMARK ASSIGNMENT COVER SHEET

Electronic Version v1.1 ETAS ID: Tiv1421514 Stylesheet Version v1.2

SUBMISSION TYPE: NEW ASSIGNMENT NATURE OF CONVEYANCE; ASSIGNMENT OF THE ENTIRE INTEREST AND THE GOODWILL

CONVEYING PARTY DATA Name Formerly Execution Date Entity Type Christian M. Ziebarth 12/08/2016 INDIVIDUAL:

RECEIVING PARTY DATA Name: Ziebarth Holdings, LLC Street Address: 2960 Champion Way,# 204 City: Tustin State/Country: CALIFORNIA Postal Code: 92782 Entity Type: Limited Liability Company: NEVADA

PROPERTY NUMBERS Total; l Property Type Number Word Mark Serial Number: 85040746 NAUGLES

CORRESPONDENCE DATA Fax Number: 7144644536 Correspondence will be sent to the e-mail address first; if that is unsuccessful, it will be sent using a fax number, if provided; if that is unsuccessful, it will be sent via US Mail. Phone: 714-288-2826 Email: kelly@amalaw,net Correspondent Name: Kelly K. Pfeiffer Address Line l: 1122 E. Lincoln Ave., Suite 203 Address Line 4: Orange, CALIFORNIA 92865

NAME OF SUBMITTER: Kelly K. Pfeiffer SIGNATURE: /Kelly K. Pfeiffer/ DATE SIGNED: 03/29/2017 Total Attachments; 1 sourcer--Ziebarth Holdings-executed assignment#page1.tif To: Ziebarth, Christian M.([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 1/17/2017 9:05:39 AM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE(USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT'S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 85040746 MARK: NAUGLES *85040746* CORRESPONDENT ADDRESS: Kelly K. Pfeiffer CLICK HERE TO RESPOND TO THIS LETTER: Amezcua-Moll & Associates, P.C. http://www.uspto.gov/trademarks/teas/response forms.jsp 1122 E. Lincoln Ave., Suite 203 Orange CA 92865 VIEW YOUR APPLICATION FILE

APPLICANT: Ziebarth, Christian M.

CORRESPONDENT'S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER TO AVOID ABANDONMENT OF APPLICANT'S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT'S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

ISSUE/MAILING DATE: I/17/2017

This letter responds to the applicant's communication of December 27, 2016.

New Issue • Change of Name of Owner/Assignment

Continued Issues • Refusal Based on Trademark Act Section 2(e)(4) — Surname Significance of the Mark • Claim of Acquired Distinctiveness

Change of Name of Owner/Assignment Applicant has indicated that the name of the owner of the mark has changed from Christian M. Ziebarth to Ziebarth Holdings LLC.

Applicant has requested that the applicant name in the application be amended; however, applicant has not provided or recorded in the USPTO database ownership transfer documentation or any other documentation showing transfer of title. Therefore, the request to amend the applicant name is denied until applicant establishes clear chain of title to the new party. 37 C.F.R. §2.61(b); TMEP §814. If the application was filed by the owner and the original applicant has since changed its name or transferred ownership of the mark to another entity, the new owner must file documentation to establish its cuiTent ownership of the application by satisfying one of the following:

The new owner must(a) record an assignment, name change, or other documentation affecting title with the USPTO's Assignment Recordation Branch showing a clear chain of title to the mark in the new owner; and (b) promptly notify the trademark examining attorney that the documentation has been recorded.; OR

(2) The new owner must file either (a) a written statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20, explaining in detail the chain of title to the new owner; or (b) documentation showing transfer of title to the new owner. However, the registration will not issue in the name of the new owner without recording chain of title documentation with the USPTO and notifying the trademark examining attorney, as specified in (1) above.

TMEP §502.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.73(b)(1); TMEP §502.02(a).

Assignments and other documents affecting title may be filed electronically. There is a fee for recording ownership changes. 37 C.F.R. §§2.6(b)(6), 3.41(a); TMEP §503.03(d). Recording an assignment or other ownership transfer document does not constitute a response to an Office action. TMEP §503.01(d). Applicant must still file a separate response to this Office action. See id.

Refusal Based on Section 2(e)(4) — Surname Significance of the Mark For the reasons given in the earlier Office action(s), the refusal of registration because the applied-for mark is primarily merely a surname is continued. Trademark Act Section 2(e)(4), 15 U.S.C. §I052(e)(4); see TMEP §1211.

Claim of Acquired Distinctiveness For the reasons given in the earlier Office action(s), the requirement for evidence to support the claim of acquired distinctiveness is continued. An applicant bears the burden of proving that a mark has acquired distinctiveness under Trademark Act Section 2(f). Yamaha Int'l Corp. v. Yoshino Gakki Co., 840 F.2d 1572, 1576, 1578-79,6 USPQ2d 1001, 1004, 1006 (Fed. Cir. 1988); In re Meyer & Wenthe, Inc., 267 F.2d 945, 949, 122 USPQ 372, 374-75 (C.C.P.A. 1959); TMEP §1212.01. An applicant must establish that the purchasing public has come to view the proposed mark as an indicator of origin. See TMEP §I212.

Information for TEAS Applicants TEAS PLUS OR TEAS REDUCED FEE(TEAS RF) APPLICANTS — TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET,INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must(1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents);(2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner's amendment by telephone or e-mail without incurring this additional fee.

/Leigh Caroline Case/ Trademark Examining Attorney Law Office 118 (571) 272-9140 [email protected] (preferred)

TO RESPOND TO THIS LETTER: Go to hup://www.uspio.gov/traclemarks/teas/response forms.isp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR)system at littp://tsdr.tuato.gsw/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.govitrademarks/teasicorrespondencp:m To: Ziebarth, Christian M.(kelly(a0malaw.net) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 1/17/2017 9:05:40 AM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE(USPTO)

IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER)HAS ISSUED ON 1/17/2017 FOR U.S. APPLICATION SERIAL NO. 85040746

Please follow the instructions below;

(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on "Documents."

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period. Your response deadline will be calculated from 1/17/2017 (or sooner U. specified in the Office action). A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period. For information regarding response time periods, see http://www.uspo.uov/frademarks/ rocess/statuslres onsetime.'s ).

Do NOT hit "Reply" to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions. Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.usto.gov/tradeinarksiteas/response forms.isn.

(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail l'SDRO;uspto.gov.

WARNING

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For more information regarding abandonment, see http://www.uspto.govitrademarks/basics/abandon.isp.

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay "fees."

control number. Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB

Request for Reconsideration after Final Action

The table below presents the data as entered.

SERIAL NUMBER 85040746 LAW OFFICE ASSIGNED LAW OFFICE 118

MARK SECTION

MARK https://tmng-al.uspto.gov/resting2/api/img/85040746/large

LITERAL ELEMENT NAUGLES

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) Surname Refusal

Applicant respectfully maintains its position that NAUGLES is not primarily merely a surname.

Claim of Acquired Distinctiveness

Applicant respectfully maintains its position that NAUGLES has acquired distinctiveness.

New Owner of Application and Mark (New Issue)

Ziebarth Holdings, LLC is the new owner of the NAUGLES mark. This trademark application serial no. 85040746 and the corresponding trademark have been assigned to and are now owned by Ziebarth Holdings, LLC.

EVIDENCE SECTION

EVIDENCE FILE NAME(S)

ORIGINAL PDF FILE evi 68225231139-20161227121435320134 . Response to 6-28-16 OA.pdf

CONVERTED PDF FILE(S) \\TICRS\EXPORTINMAGEOUT17\850\407\85040746\xml2\RFRO002.JPG (1 page)

SIGNATURE SECTION

RESPONSE SIGNATURE /Kelly K. Pfeiffer/

SIGNATORY'S NAME Kelly K. Pfeiffer

SIGNATORY'S POSITION Attorney of record, California bar member

SIGNATORY'S PHONE NUMBER 714-288-2826

DATE SIGNED 12/27/2016 AUTHORIZED SIGNATORY YES

[CONCURRENT APPEAL NOTICE FILED NO

FILING INFORMATION SECTION

SUBMIT DATE Tue Dec 27 13:01:29 EST 2016

USPTO/RFR-XX.XXX.XXX.XXX- 20161227130129539248-8504 0746-57065f13f79161af24ef TEAS STAMP 6dac15aedfal6794ed6b28528 3d320e955a83d70de42-N/A-N 1 /A-20161227121435320134

OMB control number. Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid

Request for Reconsideration after Final Action To the Commissioner for Trademarks:

has been Application serial no. 85040746 NAUGLES(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/85040746/large) amended as follows:

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

Surname Refusal

Applicant respectfully maintains its position that NAUGLES is not primarily merely a surname.

Claim of Acquired Distinctiveness

Applicant respectfully maintains its position that NAUGLES has acquired distinctiveness.

New Owner of Application and Mark(New Issue)

EVIDENCE

Original PDF file: evi 68225231139-20161227121435320134 Response to 6-28-16 OA.pdf Converted PDF file(s)( 1 page) Evidence-1

SIGNATURE(S) Request for Reconsideration Signature Signature: /Kelly K. Pfeiffer/ Date: 12/27/2016 Signatory's Name: Kelly K. Pfeiffer Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 714-288-2826

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Serial Number: 85040746 Internet Transmission Date: Tue Dec 27 13:01:29 EST 2016 TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201612271301295 39248-85040746-57065f13f79161af24ef6dacl 5aedfal6794ed6b285283d320e955a83d7Ode42- N/A-N/A-20161227121435320134 RESPONSE TO JUNE 28. 2016 OFFICE ACTION

REOUEST FOR RECONSIDERATION

Surna.me Refusal

Applicant respectfully maintains its position that.NAUGLES is not primarily merely a surname.

Claim of Acquired Distinctiveness

Applicant respectfully maintains its position that NAUGLES has acquired dist inctiveness.

New Owner of Application and Mark (New Issue)

Ziebarth Holdings, LLC is the new owner of the NAUGLES mark. This trademark application serial no. 85040746 and the coffesponding trademark have been. assigned to and are now owned by Ziebarth Holdings, LLC. Change Of Owner's Address

The table below presents the data as entered.

SERIAL NUMBER 1 85040746

LAW OFFICE ASSIGNED LAW OFFICE 118 MARK SECTION NAUGLES (see, https://tmng- MARK al.uspto.goviresting2/api/img/85040746/large)

OWNER SECTION (current)

NAME Ziebarth, Christian M.

STREET 208 19th St., #1

CITY 1Huntington Beach

STATE ICalifornia

ZIP/POSTAL CODE I 92648

COUNTRY 1US

PHONE (949) 387-1457

EMAIL [email protected]

AUTHOR / TO COMMUNICATE VIA E-MAIL 'Yes ff7:' STREET i 2960 Champion Way,# 204

CITY [Tustin

STATE California

ZIP/POSTAL CODE 92782

COUNTRY United States

PHONE (949) 387-1457

EMAIL [email protected]

! AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes

SIGNATURE SECTION

SIGNATURE /Kelly K. Pfeiffer/

SIGNATORY NAME Kelly K. Pfeiffer

! SIGNATORY DATE 12/09/2016

SIGNATORY POSITION Attorney of record, California bar member

SIGNATORY PHONE NUMBER 714-288-2826 FILING INFORMATION SECTION

! SUBMIT DATE Fri Dec 09 10:14:41 EST 2016 USPTO/C0A-XX.XXX.XXX.XXX- 20161209101441163591-8504 0746-5705d64ab586fdf84085 TEAS STAMP e9a0777ad5a341255b3d27bbe d42e15af6757e32ec967-N/A- N/A-20161209100945035962 To: Ziebarth, Christian M.(kelly(a)amalaw.net) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 6/28/2016 2:55:00 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2

UNITED STATES PATENT AND TRADEMARK OFFICE(USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT'S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 85040746 MARK: NAUGLES *85040746* CORRESPONDENT ADDRESS: Kelly K. Pfeiffer CLICK HERE TO RESPOND TO THIS LETTER: Amezcua-Moll & Associates, P.C. htlp://www.uspto.govitrademarks/teasiresponse forms.jv 1122 E. Lincoln Ave., Suite 203 Orange CA 92865 VIEW YOUR APPLICATION FILE

APPLICANT: Ziebarth, Christian M.

CORRESPONDENT'S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 6/28/2016

THIS IS A FINAL ACTION. This letter responds to the applicant's communication of May 24, 2016. The following issue is unresolved.

Summary of Issue Applicant Must Address • Refusal Based on Trademark Action Section 2(e)(4) — Surname Significance of the Mark

Additional Issue • Claim of Acquired Distinctiveness

Refusal Based on Trademark Action Section 2(e)(4) — Surname Significance of the Mark The applicant argues in its response that NAUGLES is not primarily a surname. However,"There is no rule as to the kind or amount of evidence basis. necessary to make out a prima facie showing that a term is primarily merely a surname;" this question must be resolved on a case-by-case TMEP §1211.02(a); see In re. Etablis.swnents Darty et Fils, 759 F.2d 15, 17,225 USPQ 652, 653 (Fed. Cir. 1985); In re Billion, 93 USPQ2d the 1531, 1537(TTAB 2009); In re Pohang Iron & Steel Co.. 230 USPQ 79, 79(TTAB 1986). The entire record must be examined to determine such a surname significance of a term. TMEP §1211.02(a). The following are examples of evidence that is generally considered to be relevant to application determination: telephone directory listings, excerpted listings and articles from computerized research databases, evidence in the record that the term is used as a surname, the manner of use on specimens, dictionary definitions of the term and evidence from dictionaries showing no definition of the term. Id.

The evidence attached to the Office action of August 25, 2015, shows that NAUGLES appears 113 times and NAUGLE appears 5,189 times in a nationwide telephone directory of names. The attached copies of web pages taken from whitepages.com show similar information: NAUGLES appears 127 times and NAUGLE appears 4,414 times as surname listings.

Presentation of a surname in its plural or possessive form does not diminish its surname significance. TMEP §I211.01(b)(v); see, e.g., In re Binion, 93 USPQ2d 1531, 1537(TTAB 2009)(BINION'S); In re Woolley's Petite Suites , 18 USPQ2d 1810, 1812(TTAB 1991) (WOOLLEY'S); In re Luis Caballero, S.A., 223 USPQ 355, 357(TTAB 1984)(BURDONS).

For these reasons, the examining attorney finds that because the mark is primarily merely a surname, registration of the applicant's mark is barred under Section 2(e)(4) of the Trademark Act. Although the applicant's mark has been refused registration, the applicant may respond to the refusal by submitting evidence and arguments in support of registration.

Claim of Acquired Distinctiveness The applicant raised a claim of acquired distinctiveness in the response of October 21, 2015. However, the applicant has not provided evidence in support of the claim.

If applicant believes that its mark has acquired distinctiveness in the United States, that is, that it has become a distinctive source indicator for the services, the applicant may seek registration on the Principal Register under Trademark Act Section 2(0. See 15 U.S.C. §1052(0; TMEP §§1010, 1212.08. The USPTO will decide each case on its own merits.

The following factors are generally considered when determining whether a proposed mark has acquired distinctiveness based on extrinsic evidence: (1) length and exclusivity of use of the mark in the United States by the applicant;(2) the type, expense, and amount of advertising of the mark in the United States; and (3)the applicant's efforts in the United States to associate the mark with the source of the goods and/or services, such as unsolicited media coverage and consumer studies. See In re Steelbuilding.com, 415 F.3d 1293, 1300, 75 USPQ2d 1420, 1424 (Fed. Cir. 2005. A showing of acquired distinctiveness need not consider all of these factors, and no single factor is determinative. In re Steelbuilding.com, 415 F.3d at 1300, 75 USPQ2d at 1424; see TMEP §§1212.06 et seq.

Evidence of acquired distinctiveness may include specific dollar sales under the mark, advertising figures, samples of advertising, consumer or dealer statements of recognition of the mark as a source identifier, affidavits, and any other evidence that establishes the distinctiveness of the mark as an indicator of source. See 37 C.F.R. §2.41(a)(3); In re Ideal Indus., Inc., 508 F.2d 1336, 1339-40, 184 USPQ 487, 489-90 (C.C.P.A. 1975); In re Instant Transactions Corp. ofAm., 201 USPQ 957, 958-59(TTAB 1979); TMEP §§1212.06 et seq.

To establish acquired distinctiveness, an applicant may rely only on use in commerce that may be regulated by the U.S. Congress. See 15 U.S.C. §§1052(0, 1127. Use solely in a foreign country or between two foreign countries is not evidence of acquired distinctiveness in the United States. In re Rogers, 53 USPQ2d 1741, 1746-47(TTAB 1999); TMEP §§1010, 1212.08.

Applicant's Response Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §I062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:

(1) A response that fully satisfies all outstanding requirements and/or resolves all outstanding refusals.

(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.

37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.

In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

Information for TEAS Applicants TEAS PLUS OR TEAS REDUCED FEE(TEAS RF) APPLICANTS — TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET,INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must(I) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents);(2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per situations, international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner's amendment by telephone without incurring this additional fee.

/Leigh Caroline Case/ Trademark Examining Attorney Law Office 118 (571) 272-9140 [email protected] (preferred)

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarksheaskesponse forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned to trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond this Office action by e-mail.

A11 informal e-mail communications relevant to this application will be placed in the official application record.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR)system at htlp://tsdr.us_pto,govi. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenteric0uTto.gov or call 1-800-786-9199. For more information on checking status, see httb://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at htto://www.tispto.gov/trademarks/teas/correspondenee.jsp. PEOPI.E vihitepages Where ..

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Thrtvin".• hi..oeslael,.fl1 To: Ziebarth, Christian M.(kelly(i0malaw.net) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 6/28/2016 2:55:01 PM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE(USPTO)

IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED ON 6/28/2016 FOR U.S. APPLICATION SERIAL NO. 85040746

Please follow the instructions below:

click on (1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and "Documents."

within 24 The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available hours of this e-mail notification.

applicable (2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the response time period. Your response deadline will be calculated from 6r28/2016 (or sooner ifspecified in the Office action). For information regarding response time periods, see littp://www.uspto.gov/trademarks/process/status/responsetime. j sp.

Do NOT hit "Reply" to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS)response form located at httplAvww.uspto.gov/trademarks/teaslresponse forms.(sn.

For (3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. e-mail technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please TSDR(ii4isp to gov.

WARNING

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the "United States Patent and Trademark Office in Alexandria, VA; or sent by e-mail from the domain "@uspto.gov." For more information on how to handle private company solicitations, see http://www.uspto.gov/traciemarks/solicitation warnings.isp. valid OMB control number. Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a PTO Fono - 1):1:11 tao, IVQ.) No. 11r I.(1,X1111(.1txp FI:1/2:11:, Response to Office Action

The table below presents the data as entered.

1„a

SERIAL NUMBER 85040746

LAW OFFICE ASSIGNED LAW OFFICE 118

MARK SECTION

MARK http://tmng-al.uspto.gov/resting2/api/img/85040746/large

LITERAL ELEMENT NAUGLES

STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES

I The mark consists of standard characters, without claim to any particular font style, MARK STATEMENT size or color.

ARGUMENT(S) Applicant respectfully maintains his position that NAUGLES is not primarily merely a surname.

SIGNATURE SECTION

RESPONSE SIGNATURE /Kelly K. Pfeiffer/

SIGNATORY'S NAME Kelly K. Pfeiffer

SIGNATORY'S POSITION Attorney of record, California bar member

SIGNATORY'S PHONE NUMBER 714-288-2826

DATE SIGNED 05/24/2016 r ----- AUTHORIZED SIGNATORY YES

FILING INFORMATION SECTION

SUBMIT DATE Tue May 24 11:38:54 EDT 2016

USPTO/R0A-XX.XXX.XXX.XXX- 20160524113854314500-8504 0746-550ca5265bb65cdc2e2f 8ab2212a683f22c47ce52ce19 8dda899ecf328470be88de-N/ A-N/A-2016052411305817554 7

OMB control number. Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid

Response to Office Action To the Commissioner for Trademarks: has been Application serial no, 85040746 NAUGLES(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/85040746/large) amended as follows:

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

Applicant respectfully maintains his position that NAUGLES is not primarily merely a surname.

SIGNATURE(S) Response Signature Signature: /Kelly K. Pfeiffer/ Date: 05/24/2016 Signatory's Name: Kelly K. Pfeiffer Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 714-288-2826 state, which The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. attorney includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney/agent or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian has filed or is not currently associated with his/her company/firm previously represented the owner/holder in this matter:(I) the owner/holder of the prior concurrently filing a signed revocation of or substitute power of attorney with the USPTO;(2) the USPTO has granted the request representative to withdraw;(3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's this matter. appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in

Serial Number: 85040746 Internet Transmission Date: Tue May 24 11:38:54 EDT 2016 TEAS Stamp: USPTO/R0A-XX.XXX.XXX.XXX-201605241138543 14500-85040746-550ca5265bb65cdc2e2f8ab22 12a683f22c47ce52ce198dda899ecf328470be88 de-N/A-N/A-20160524113058175547 To: Ziebarth, Christian M.(kelly0%amalaw.net) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 11/25/2015 10:12:55 AM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE(USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT'S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 85040746 MARK: NAUGLES *85040746* CORRESPONDENT ADDRESS: Kelly K. Pfeiffer CLICK HERE TO RESPOND TO THIS LETTER: Amezcua-Moll & Associates, P.C. http://www.uspto.gov/trademarks/teaskesponse forms.isn 1122 E. Lincoln Ave., Suite 203 Orange CA 92865 VIEW YOUR. APPLICATION FILE

APPLICANT: Ziebarth, Christian M.

CORRESPONDENT'S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER APPLICANT'S TO AVOID ABANDONMENT OF APPLICANT'S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 11/25/2015

to seek registration on This letter responds to the applicant's communication of October 21, 2015. The applicant has amended the application The following issues are the Principal Register. The issue regarding the possible confusion with Application Serial No. 85340660 is withdrawn. unresolved.

New Issue • Claim of Acquired Distinctiveness

Continued Issue • Refusal Based on Trademark Act Section 2(e)(4) — Surname Significance of the Mark

Claim of Acquired Distinctiveness in support of The applicant's response raises a claim of acquired distinctiveness of the mark, but the applicant has not provided specific evidence for the the claim. If the applicant believes that its mark has acquired distinctiveness, that is, that it has become a distinctive source-indicator services, the applicant may seek registration on the Principal Register under Trademark Act Section 2(f). See 15 U.S.C. §1052(f). The USPTO will decide each case on its own merits.

The following factors are generally considered when determining whether a proposed mark has acquired distinctiveness based on extrinsic of the evidence: (1) length and exclusivity of use of the mark in the United States by applicant;(2) the type, expense, and amount of advertising mark in the United States; and (3) applicant's efforts in the United States to associate the mark with the source of the goods and/or services, such as unsolicited media coverage and consumer studies. See In re Steelbuilding.com, 415 F.3d 1293, 1300, 75 USPQ2d 1420, 1424 (Fed. Cir. 2005); Bd. of7'rs. of Univ. ofAla, v. Pitts, Jr., 107 USPQ2d 2001, 2016(TTAB 2013). A showing of acquired distinctiveness need not consider all of these factors, and no single factor is determinative. In re Steelbuilding.com, 415 F.3d at 1300, 75 USPQ2d at 1424; see TMEP §§1212.06 et seq.

Refusal Based on Trademark Act Section 2(e)(4) — Surname Significance of the Mark For the reasons given in the previous Office actions, the refusal of registration because the applied-for mark is primarily merely a surname is continued. Trademark Act Section 2(e)(4), 15 U.S.C. §1052(e)(4); see TMEP §1211.

Information for TEAS Applicants TEAS PLUS OR TEAS REDUCED FEE(TEAS RF) APPLICANTS — TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET,INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must(1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820,02(b) for a complete list of these documents);(2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner's amendment by telephone without incurring this additional fee.

/Leigh Caroline Case/ Trademark Examining Attorney Law Office 118 (571) 272-9140 [email protected] (preferred)

TO RESPOND TO THIS LETTER: Go to http://www.tispto.govAradernarks/teas/response forms.isp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEASAuspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR)system at http://tsdr.uspto.govi. Please keep a copy of' the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenterAuspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/traciemarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence,jsp. To: Ziebarth, Christian M.(kellv(i arnalaw.net) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 11/25/2015 10:12:56 AM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER)HAS ISSUED ON 1/25/2015 FOR U.S. APPLICATION SERIAL NO. 85040746

Please follow the instructions below:

(1) TO READ THE LETTER: Click on this link or go to http://tsdr,uspto.gov, enter the U.S. application serial number, and click on "Documents."

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification,

(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period. Your response deadline will be calculated from I I/25/1015 (or sooner ifspecified in the Office action). For information regarding response time periods, see httn://www.uspto.govitrademarks/processistatus/responsetime.isp,

Do NOT hit "Reply" to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS)response form located at http://www.uspto,gov/trademarks/teas/response forms.jan.

WARNING

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the "United States Patent and Trademark Office" in Alexandria, VA; or sent by e-mail from the domain "@uspto.gov." For more information on how to handle private company solicitations, see http://www.tispto.gov/trademarksisolicitation warnings.isp. To: Ziebarth, Christian M.(kelly(a%arnalaw.net) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 10/21/2015 9:41:22 AM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2

UNITED STATES PATENT AND TRADEMARK OFFICE(USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT'S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 85040746 MARK: NAUGLES *85040746* CORRESPONDENT ADDRESS: Kelly K. Pfeiffer GENERAL TRADEMARK INFORMATION: Amezcua-Moll & Associates, P.C. http://www.uspto.gov/trademarks/index.isp 1122 E. Lincoln Ave., Suite 203 Orange CA 92865 VIEW YOUR APPLICATION FILE

APPLICANT: Ziebarth, Christian M.

CORRESPONDENT'S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

SUSPENSION NOTICE: NO RESPONSE NEEDED

ISSUE/MAILING DATE: 10/21/201.5

This application has been returned to the examining attorney for consideration of the following issue. The examining attorney regrets this inconvenience to the applicant.

The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. The applicant will be notified when suspension is no longer appropriate. See TMEP §716.04. No response to this notice is necessary; however, if the applicant wants to respond, the applicant should use the "Response to Suspension Inquiry or Letter of Suspension" form online at http://teasroa.uspto.govirsiirsi.

The trademark examining attorney has searched the USPTO's database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, a mark in a pending application with an earlier effective filing date may present a bar to registration of applicant's mark.

That is, the effective filing date of this application is September 29, 2015, the date on which applicant met the minimum filing requirements of 37 C.F.R. §2.76(c) for the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§816.02, 1102.03. The effective filing date of the other application is June 8, 2011.

Therefore, the following issue is unresolved.

Possible Confusion with Pending Mark Action on this application is suspended pending the disposition of potentially-conflicting pending Application Serial No. 85340660. 37 C.F.R. section 2.83(c); TMEP sections 716.02(c), 1208.02(c).

The effective filing date of attached pending Application Serial No. 85340660 precedes the applicant's effective filing date. If the mark in the referenced application registers, the applicant's mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended pending final disposition of the earlier-filed referenced application.

The applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant's mark and the mark in the referenced application. The applicant may elect instead to submit arguments if a refusal under Section 2(d) issues.

/Leigh Caroline Case/ Trademark Examining Attorney Law Office 118 (571) 272-9140 [email protected] (preferred)

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR)system at htlp.;//tsdr.lisplo.g.,ov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenterguspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.uspto.govitradernarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the Trademark Electronic Application System (TEAS)form at http://www.uspto.gov/trademarks/teas/correstiondence.isp. Print: Oct 20,2013 85340800

DESIGN MARK Serial Number 85340660

Status REPORT COMPLETED SUSPENSION CHECK - CASE STILL SUSPENDED

Word Mark NAUGLES

Standard Character Mark No

Type of Mark SERVICE MARK

Register PRINCIPAL

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS AND/OR NUMBERS

Owner Del Taco LLC LIMITED LIABILITY COMPANY CALIFORNIA 25521 Commercentre Drive Lake Forest CALIFORNIA 92630

Goods/Services Class Status -- ACTIVE. IC 043. US 100 101. G & S: Restaurant services.

Prior Registration(s) 1043729

DesuiptkmofMark The mark consists of a design of five adjacent lines above and below the word "NAUGLES" with the letter "N" cutting into the design

Colors Claimed Color is not claimed as a feature of the mark.

Filing Date 2011/06/08

Examining Attorney MICKLEBURGH,LINDA

Attorney of Record Joshua A. Lorentz

-1-

To: Ziebarth, Christian M.(kelly(a%.arnalaw.net) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 10/21/2015 9:41:23 AM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE(USPTO)

IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER)HAS ISSUED ON 10/21/2015 FOR U.S. APPLICATION SERIAL NO.85040746

Please follow the instructions below:

(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov/, enter the U.S. application serial number, and click on "Documents."

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

(2) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR.(alusyto.gov.

WARNING

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the "United States Patent and Trademark Office in Alexandria, VA; or sent by e-mail from the domain "@uspto.gov." For more information on how to handle private company solicitations, see http://www.uspto.govitrademarksisolicitation warnings.jsp. LETTER OF PROTEST MEMORANDUM

DATE: October 19, 2015

TO: Leigh Caroline Case Examining Attorney Law Office 118

FROM: Charles G. Joyner Attorney Advisor Office of the Deputy Commissioner for Trademark Examination Policy

SUBJECT: Letter of protest concerning U.S. Application Serial No. 85/040746 For the mark NAUGLES

is relevant A letter of protest filed before publication has been accepted. It has been determined that the evidence submitted by the protester and make an and supports a reasonable ground for refusal appropriate in ex parte examination. Therefore, you must consider the following protest: independent determination whether to issue a suspension, and subsequently a refusal based on the objections raised in the letter of

Possible likelihood of confusion with the prior pending application identified by the protestor

U.S. Application Serial No. 85340660

A copy of the application is available in the x-search database.

nor is it meant to NOTE: The acceptance of a letter of protest filed before publication is not a legal determination by the USPTO of registrablity, compromise the integrity of the ex parte examination process. It merely serves to bring the submitted evidence to the attention of the examining attorney, who determines whether a refusal or requirement should be raised or ultimately made final. %.'11•VOP•0 • Request for Reconsideration after Final Action

The table below presents the data as entered. r L.,

sERIAL • 85040746 NUMBER OFFICE LAW LAW OFFICE 118 ASSIGNED

MARK SECTION MARK http://tmng-al.uspto.goviresting2/api/img/85040746/large

LITERAL NAUGLES ELEMENT

STANDARD YES CHARACTERS USPTO- GENERATED YES IMAGE MARK The mark consists of standard characters, without claim to any particular font style, size or color. STATEMENT ARGUMENT(S) Please see the actual argument text attached within the Evidence section. EVIDENCE SECTION EVIDENCE FILE NAME(S) ORIGINAL PDF evi 1-6823122144-20150929154048716544 . Response to 8-25-15 Office Action.pdf FILE CONVERTED PDF FILE(S) \\TICRS\E.X.PORT16\ IMAGEOUT16 \ 850 \407 \ 85040746 Vm15\121 712.0002..1PG (9 pages) \\TICRS\EXPORT16\IMAGEOUT16\850\407\85040746\xml5\RFRO003.JPG

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PDF ORIGINAL evi 1-6823122144-20150929154048716544 . t Man Completes Naugles Del Taco .Purchase - latimes 3-30-98.pdf FILE

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ORIGINAL PDF I evi 6823122144-20150929154048716544 . d 20 years for this restaurant to reopen - 7-29-15 CNN Money.pdf FILE

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DESCRIPTION OF -actual argument text in PDF form -news articles -Order from Commissioner for Trademarks -screen shots from Facebook EVIDENCE FILE and Twitter accounts -entry from Dictionary of American Family Names -entry from the Urban Dictionary

ADDITIONAL STATEMENTS SECTION lIn the alternative, should Examining Attorney choose to maintain the surname refusal despite the evidence and argument i MISCELLANEOUS herein, Applicant respectfully requests that his application be amended to seek registration on the Supplemental I STATEMENT submitted Register.

SIGNATURE SECTION

RESPONSE /Kelly K. Pfeiffer/ SIGNATURE

SIGNATORY'S Kelly K. Pfeiffer NAME

SIGNATORY'S Attorney of record, California bar member POSITION

SIGNATORY'S 1714-288-2826 PHONE NUMBER

DATE SIGNED 09/29/2015 AUTHORIZED YES i SIGNATORY

CONCURRENT APPEAL NOTICE i NO FILED

I FILING INFORMATION SECTION

SUBMIT DATE Tue Sep 29 16:04:02 EDT 2015 USPTO/RFR-XX.XXX.XXX.XX-2 0150929160402384890-85040 746-5403d201050af7289f82b TEAS STAMP b089fe90cbffidfal 5b70365f3 b7fefe45e919ee4ced7d4-N/A -N/A-20150929154048716544

Request for Reconsideration after Final Action To the Commissioner for Trademarks:

Application serial no. 85040746 NAUGLES(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/85040746/large) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE Evidence in the nature of -actual argument text in PDF form -news articles -Order from Commissioner for Trademarks -screen shots from Facebook and Twitter accounts -entry from Dictionary of American Family Names -entry from the Urban Dictionary has been attached. Original PDF file: evi 1-6823122144-20150929154048716544 , Response to 8-25-15 Office Action.pdf Converted PDF file(s)( 9 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7 Evidence-8 Evidence-9 Original PDF file: evi 1-6823122144-20150929154048716544 . osses R.ise Firm Makes Several Big Changes - latirnes 4-18-86.pdf Converted PDF file(s)( 3 pages) Evidence-1 Evidence-2 Evidence-3 Original PDF file: evi 1-6823122144-20150929154048716544 . Del Taco Naugles to Battle Industry I..eader - latimes 2-2-98.pdf Converted PDF file(s)( 3 pages) Evidence-1 Evidence-2 Evidence-3 Original PDF file: evi 1-6823122144-20150929154048716544 . t Man Completes Naugles Del Taco Purchase - latimes 3-30-98.pdf Converted PDF file(s)( 2 pages) Evidence-1 Evidence-2 Original PDF file: evi 1-6823122144-20150929154048716544 . g Off in Big Sales at Del Taco Restaurants - latimes 3-18-94.pdf Converted PDF file(s)( 2 pages) Evidence-1 Evidence-2 Original PDF file: evi 6823122144-20150929154048716544 . Bringing; Back Naugles by .Beating., Del Taco OC Weekly 4-9-15.pdf Converted PDF file(s)( 4 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Original PDF file: evi 6823122144-20150929154048716544 d 20 years fbr this restaurant to reopen - 7-29-15 CNN Money.pdf Converted PDF file(s)( 6 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Original PDF file: evi 6823122144-20150929154048716544 . ORDER-Canceling Registration 7-29- l 5.pdf Converted PDF file(s)( l page) Evidence-1 Original PDF file: evi 6823122144-20150929154048716544 . Naugles Fast Food Restaurant- Facebook Page.pdf Converted PDF file(s)( 6 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Original PDF file: evi 6823122144-20150929154048716544 naugles facebook group.pdf Converted PDF file(s)( 1 page) Evidence- I Original PDF file: evi 6823122144-20150929154048716544 . SenorNaugles Twitter Page.pdf Converted PDF file(s)( I page) Evidence-1 Original PDF file: evi 6823122144-20150929154048716544 . Naugles - Wikipedia the free encyclopedia.pdf Converted PDF file(s)( 4 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Original PDF file: evi 6823122144-20150929154048716544 . tionary of American Family Names - Oxford Reference - NAUGLE,pdf Converted PDF file(s)( 2 pages) Evidence-1 Evidence-2 Original PDF file: ev i 6823122144-20150929154048716544 . Urban Dictionary naugle 9-23-15.edf Converted PDF file(s)( 1 page) Evidence-1

ADDITIONAL STATEMENTS Miscellaneous Statement In the alternative, should Examining Attorney choose to maintain the surname refusal despite the evidence and argument submitted herein, Applicant respectfully requests that his application be amended to seek registration on the Supplemental Register.

SIGNATURE(S) Request for Reconsideration Signature Signature: /Kelly K. Pfeiffer/ Date: 09/29/2015 Signatory's Name: Kelly K. Pfeiffer Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 714-288-2826

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Serial Number: 85040746 Internet Transmission Date: Tue Sep 29 16:04:02 EDT 2015 TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2015092916040238 4890-85040746-5403d201050a17289f82bb089f e90cbf0dfal5b70365f3b7fefe45e919ee4ced7d 4-N/A-N/A-20150929154048716544 RESPONSE TO AUGUST 25, 2015 OFFICE ACTION

Applicant Christian M. Ziebarth ("Applicant") has concurrently filed a Statement of Use evidencing use of his mark in commerce at least as early as March 20, 2012.

Applicant respectfully subunits the following Request :for Reconsideration of the surname refusal. In the alternative, should Exa.mining Attorney decide to maintain the refusal, Applicant requests that the application be amended to seek registration on the Supplemental Register.

.REQUEST FOR RECONSIDERATION OF SURNAME REFUSAL

Applicant respectfully requests reconsideration of the refusal to register application serial no. 85040746 for the word mark NAUGLES for "cafeteria and restaurant services" ("the Application') based on the position that the applied-for mark is primarily .merely a surname. Trademark Act Section 2(e)(4), 15 U.S.C. §1052(e)(4); see TM.EP §1211, Applicant herein offers argument and evidence against continuing the surname refusal.

Applicant's Evidence Submitted Herewith

• Newspaper Article: "Collins President to Lead Rescue Effort : Naugles' Losses Rise: Firm. Makes Several Big Cha.nges," LOS Angeles Thnes Newspaper, April 18, 1986 (intemet printout from latimes.com archives, http://articles.latimes.com119860418/business/11720 international, downloaded Sept. 23, 2015) • Newspaper Article: "Ganging Up on Taco Bell : Restaurateur Will Merge Del Taco, Mangles to Battle Industry Leader," Los Angeles Times .Newspaper, February 2, 1998 (interact printout from latimes.com archives, http:(/art lc les.lat mes.comll 9880202/bus i nessift40097_1_del-taco, downloaded Sept. 23, 2015) • Newspaper Article: "Newport Man Completes Naugles, Del Taco Purchase," Los Angeles Times Newspaper, March 30,1.998 (interact printout from latimes.com archives, lutp://articles.latimes.com119880330/businessifi329 l_del-taco, downloaded Sept. 23, 2015)

t. • Newspaper Article: "Las Vegas Conversions Paying Off in Big Sales at Del Taco Restaurants," Los Angeles Times Newspaper, March 18, 1994 (internet printout from latimes.com archives, http://artic les.latimes. com/19940318/b -us Mess/1135833_ l_del-taco, downloaded Sept. 23, 2015) • Newspaper Article: "How an OC Food Blogger Is Bringing Back Naugles by Beating Del Taco," OC Weekly, April 9, 2015 (internet printout from ocweekly.com archives, http://blogs.ocweekly.com/stickaforkinit/2(15/04/m gles_return_del_taco_c hristian_ziebarthphp, downloaded Sept, 23, 2015) • Article: "Fans Waited 20 Years for this Restaurant to Reopoen," CNN Money, July 29, 2015 (internet printout •.from money.cnn.com,) (http://money. com/2015/07/29Inewsinaugles-mex ican-restattrant- reopens/, downloaded Sept. 28, 2015). • Order by the Commissioner for Trademarks canceling Del Taco's registration for NAUGLES,dated July 29, 2015 • NAUGLES Facebook Page showing over 3,500 "likes" as of Sept. 23, 2015 (hups://www,facebook.cominauglesfood, downloaded Sept. 23, 201.5) • NAUGLES Fans Facebook Group showing over 11,700 members as of Sept. 23, 2015 (sereenshot taken Sept. 23, 2015) • "@SeliorNattgles" Twitter account snowing over 1,850 followers as of Sept, 23, 2015 (screen shot taken Sept. 23, 2015) • Printout from Wilcipedia evidencing primary significance of NAUGLES to the general p-ublic as a Mexican fast-food restaurant (https://en.wikipedia.org,/wiki/Naugles, downloaded Sept. 28, 2015) • Printout from the Dictionary of American Family Names, showing no appearance for NAUGLES as a surname, and only 1.299 appearances for -NAUGLE as a surname (http://ww- w.oxfordreference.contiview/.10, 1093/acref79780195081374.0(11.0 001/acref- 9780195081374?avail—free&hide—tme&page-4467&pageSize=10&sort=titl esort&source=%2E10.1093%2FacreM2F9780195081374.001.0001%2Facr ef-9780195081374, downloaded Sept. 28, 2015)

2 • Urban Dictionary (online) entry for the tC17111 "naugle" (lutp://www.urbandictionary,com/define.php?term=naugle, downloaded Sept. 23, 2015)

Le2a1 Standard

Whether a - mark is "primarily merely a surname.'depends on the mark's primary significance to the purchasing public. .See, e.g., Ev parte Rivera Wotch Corp.. 106 U•SPQ 145, 149(Comm'r Pats. 1955).

Five factors are to be considered in determining whether a mark is primarily merely a surname:(I) the degree of the surname's -rareness;(2) whether anyone connected with the Applicant has the surname;(3) -whether the mark has any recognized meaning other than as a surname;(4) whether the mark has the "look and feel" of a surname: and (5) whether the mark is presented in a stylized form- distinctive enough to create a separate non-surname impression. In rc.? Benthiu GmbH, 37 USPQ2d 1332, 1333-1334(TTAB 1995). Where the mark is in standard. characters, it is unnecessaty to consider the fifth factor..Th re Yeley, 85 USPQ2d l 15(), 1151 (TTAB 20(?7).

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. Yeley, 85 USPQ2d at 1151; Bentliin, 37 USPQ2d at 1.334.

I. THE PRIMARY SIGNIFICANCE TO THE PURCHASING PUBLIC OF THE TERM "NAUGLES" IS REFERENCE TO MEXICAN FAST-FOOD RESTAURANTS.

The test to determine whether a word is primarily merely a surname is whether the primary significance of the term to the purchasing public is that of a surname. See, e.g., EI parie Rivera Trateh Corp., 106 USPQ 145, 149(Comm'r Pats. 1955).

The primary significance of the term NAUGLES to the purchasing public is a source indicator for Mexican.fast-food restaurants. Because "[all-tides downloaded from the interact are admissible as evidence of information available to the general public, and a way in which a term is being used by the public," Applicant submits multiple articles from reputable news sources as evidence to support his position. Fl\,4EP § 710.01(b). .Applicant also submits NAUGLES Wikipedia evidence which, while admittedly potentially unreliable, can be independently corroborated by all of the newspaper articles submitted herewith. Finally, Applicant submits printouts from his NAUGLES .Facebook page, NAUGLES Facebook group, and "@SenorNaugles" Twitter account, showing the tens of thousands of followers- and fans of his NAUGLES Mexican fast-food restaurants.

NAUGLES is a Mexican fast-food chain that first existed from 1970 to 1995. In 1970, the first Naugles restaurant opened. Harold Butler purchased Naugles in the mid to late 1970's when the chain consisted of three restaurants. The chain was expanded by a system of non-exclusive franchises. Butler had built Naugles up to 225 restaurants by 1986 when he sold the chain to Collins Foods International. See "Collins President to Lead Rescue Effort Naugles' Losses Rise: Firm Makes Several Big Changes," Los Angeles Times Newspaper, April 18, 1986 (internet printout from latimes.eom archives). Naugles merged with Del Taco in 1988 when 'businessman Aniwar Soliman purchased both companies at nearly the same time. See "Ganging Up on Taco Bell : Restaurateur Will. Merge Del Taco, Naugles to Battle Industry Leader," Los Angeles Times Newspaper, February 2, 1998 (internet printout from latimes.com archives); see also "Newport Man Completes Naugles, Del Taco Purchase," Los Angeles Times Newspaper, March 30, 1998 (internet printout from latimes.com archives), Thereafter, Del Taco phased out Naugles restaurants until the last location closed in the mid-1990's. See, e.g., "Las Vegas Conversions Paying Off in Big Sales at Del Taco Restaurants," Los Angeles Times Newspaper, March 18, 1994 (internet printout from .latimes.com archives).

In 2006, Applicant, a renowned food-blogger, observed a large amount of nostalgia for NAUGLES restaurants amongst the public. Thereafter, Applicant began his journey to open his own NAUGLES Mexican fast-food restaurants. In 20.12, Applicant first used the NAUGLES mark in commerce in connection with restaurant services. See Applicant's Statement of Use .filed concurrently herewith. Applicant has capitalized on that nostalgia and has begun selling Mexican Fast- food under the NAUGLES mark. After successfully cancelling Del Taco's registration for the word mark NAUGLES for "restaurant services," Applicant's rebirth of the NAUGLES legacy has garnered national media attention and swarms ofcustomers. See Order by the Conunissioner of Trademarks canceling Del

4 Taco's registration, dated July 29, 2015; see also "How an OC Food Blogger Is Bringing Back Naugles by Beating Del Taco," OC Weekly, April 9, 2015 (internet printout from ocweekly.com archives), see also "Fans Waited 2f) Years for this R.estaurant to Reopoen," CNN Money, 'July 29, 2015 (internet printout front money.cnn.com).

The long history outlined above demonstrates that the primary significance of the term - NM:JULES to the public is of Mexican fast-food restaurants, not primarily merely a SUMattle. While the first restaurant was founded by a gentlemen with the surname "Naugle," NAUGLES, as a trademark, has been previously owned by at least three different entities for restaurant services, none of which were connected with anyone having the surname "Naugle" or "Naugles." As such, the term NAUGLES has evolved and now holds meaning separate and apart from the name of the original founder. NAUGLES has become firmly set in the public's mind as cnoi primarily merely a surtrome, but the name of fast-food Mexican restaurants.

Further Applicant submits social media evidence from his NAUGLES Facebook page, NAUGLES Facebook group, and "(ebSenorNaugles" Twitter account, reflecting tens of thousands of followers and fans of his NAUGLES Mexican fast-food restaurants. See NAUGLES Facebook Page, downloaded Sept. 23, 2015; see also NAUGLES Fans facebook Group, screen:shot taken Sept. 23, 2015; see also "@SenorNaugles" Twitter account, screen shot taken Sept. 23, 2015.

Taken together, all of Applicant's evidence submitted supports the conclusion that the term NAUGLES is synonymous with Mexican Post-:food restaurants. As such, Applicant asserts that NAUGLES is not primarily merely a surname to the purchasing public.

H. "NAUGLES" IS NOT PRIMARILY MERELY A SURNAME UNDER THE BE THIN FACTORS.

An analysis under the Benthin factors- leads to the conclusion that NAUGLES is not primarily merely a surname.

5 I. NAUGLES Is A Rare Surname.

There is no Rile as to the kind or amount of evidence necessary to make out a prima facie showing that a term is primarily merely a surname. This question must be resolved on a case-by-case basis. TMEP §i21 i.02(a); see, e.g., In re Monooe Corp. PLC, 14 USPQ2d 1.070(TTAB 1989); In re Pohang .fron Steel Co., 230 .11SPQ 79(TTAB 1986).

To support the position that NAUGLES is not a rare surname, the examining attorneys have submitted the following evidence:

• NAUGLES appeared 3() tiiries as a surname in a nationwide telephone directory of names (Sept.. 3, 2010 0.ffice Action); • A sample of excerpts from a database of news articles showing that the surname NAUGLES is allegedly used throughout the United States, and printouts from an online directory showing NAUGLES appeared 62 flutes in a nationwide directory of names (Tan. 10, 2011 Office Action) • NAUGLES appeared 113 times and NAUGLE appeared 5,189 times as a surname in a nationwide telephone directory dimities (Aug. 25, 2015 Office Action)

In rebuttal, Applicant submits a. printout .from the Dictionary qfAmerican Family Names (2003)("D.A.FN"), showing no appearance for NAUGLES as a surname, and only 1299 appearances for NAUGLE as a surname.

While Applicant acknowledges that., typically, presentation of a surname in its plural or possessive form does not diminish its surname significance, the vast difference in the number ofNAUG.LE versus .NAUGLES surname instances .found are significant. The August 25, 2015 Office Action asserts that NAUGLES appears only 113 .times in a national database, while NAUGLE, in the singular, appears approximately 5,100 times. In rebuttal, the DAFN entry shows no appearance for NAUGLES as a surname, and only 1299 appearances for NAUGLE as a surname. The evidence taken as whole supports the conclusion that NAUGLES is a rare surname. See, e.g., In re Okamoto Corp., Serial No. 85739429(TTAB Feb. 6, 2015)(using the DAFN entry evidence to conclude that

6 738 surname entries of OKAMOTO is not substantial evidence that the -term is a common surname); In re United Distillers plc., 56 USPQ2d 1220, 21 (TTAB 2000)(HACKLER held to be a rare surname despite 1295 listings in phone directories).

Further, to establish that public perception of the term at issue has been affected in such a way that it is primarily merely a surname, wide media attention or publicity of prominent .personages must be shown. See, e.g., In re Gregory, 70 USPQ2d 1792(TTAB 2004)(ROGAN primarily merely a surname based in part on broad exposure of public to politician, athletes, actor and author with that surname). In the instant case, however, the amount of news article excerpts submitted by the examining attorney on January 10, 2011 allegedly showing use of the term NAUGLES as a surname is insufficient under Okamoto. In Okamoto, the Board concluded that the 33 media excerpts submitted by the examining attorney to support. the position that there was routine use of OKAMOTO as a surname in the media was insufficient. in re Okontoto Coip., Serial No. 85739429(TTAB Feb. 6, 2015)("Waken as a whole, the 33 excerpts do not reflect the type ofuses that would outweigh the relative rareness of this surname").

In sum, only 113 instances of NAUGLES as surname was found in the national database, only 1299 instances of NAUGLE as a surname was found in the DAFN, and there is a lack of media,attention to individuals with the surname NAUGLES. Therefore, it must be concluded that NAUGLES is a rare surname, and this Benthin factor weighs in favor of Applicant

2. No One Connected With Applicant Has The Surname NAUGLES.

No one connected with Applicant has the surname NAUGLE or NAUGLES. As such, this Benthin :factor weighs in favor of Applicant.

3. NAUGLES Has Recognized Meanings Other Than As A Surname.

Applicant re-alleges and incorporates by reference Section I, supra, of this brief to establish that NAUGLES does, in filet, have another recognized meaning other than as a surname, namely, as a reference to Mexican I-list-food restaurants.

In addition, the word NAUGLE has an urban or slang meaning. .Applicant offers a printout from the Urban Dictionary wherein the term "naugle" is defined

7 as a verb meaning "one who enters into political discourse with a pig-headed resolve." See Urban 'Dictionary, www.urbandietionary.corn, entry for "tingle".

If there is a .readily recognized -meaning of a term, apart from its surname significance,. such that the primary significance of the term is not that ofa surname, registration should be granted on the Principal Register without evidence of acquired distinctiveness. See In re Isabella Fiore LLC, 75 USPQ2d 1564(TTAB 2()()5)(holding FIORE not primarily merely a surname where it is also the Italian translation of the 'English word "flower'. and the non-surname .meaning is riot obscure); In re United Distillers plc, 56 USPQ2d 1220(TTAB 2000)(holding the relatively rare surname HACKLER_ not primarily merely a surname, in light of dictionary meaning); Fisher Radio Corp. v.. Bird Elec. Corp,, 162 USPQ 265 (TTAB 1969)(holding BIRD not primarily merely - a surname despite surname significance); In re Hunt Dees. Co., 155 USPQ 606(TTAB 1967)(holding HUNT not primarily merely a surname despite surname significance).

In sum, NAUGLES does, in fact, have two other recognized meanings other than as a surname: as a fast-:food :Mexican restaurant and as a slang verb. As such, this .Benthin factor weighs in favor of Applicant,

4. NAUGLES Does Not Have The "Look AiitI Feel" Of A Surname.

Certain surnames are so rare that they do not even have the appearance of surnames. In such cases, evert iii the absence of non-surname significance, a reasonable application of the "primary significance to the purchasing public" test could result in a finding that the surname, when used as a mark, would be perceived as arbitrary or fanciful. In re United Distillers plc, 56 USPQ2d 1220, 1222(TTAB 2000)(finding HACKLER does not have the look and feel of a surname); see also In re Joint-Stock Co 'Baik," 84 USPQ2d 1921, 1923(TTAB 2007)(finding lack of other recognized meaning does not in itself imbue a mark with the "look and feel" ofa surname).

NAUGLES does not have the "look and feel" ofa surname. At the very least, on this record, it cannot be determined whether NAUGLES has a clear "look and feel" as either that of a surname Of an arbitrary term, As such, because any doubt as to whether a term is primarily merely a surname must be resolved in favor

8 of the applicant, this factor weighs in favor of Applicant. Yeley, 85 USPQ2d at 1151 Benthin, 37 .LISPQ2d at. 1334,

5. NAUGLES Is Not Presented In A Stylized Form.

Because NAUGLES is presented in standard characters, it is unnecessary to consider this fifth factor.

Under the 4 Ben/hin factors considered, all - wei0 in favor of Applicant. As such, NAUGLES cannot- be considered primarily merely a SUM-line.

CONCLUSION

The term NAUGLES has come to be synonymous with Mexican fast-food restaurants in the minds of the purchasing public. An analysis under the Benfhin factors shows that NAUGLES is not primarily :merely a surname, especially in light of the fact that NAUGLES is a rare surname and a slang definition. of "naugle" exists. Given the foregoing and all evidence submitted in support, Applicant respectfully requests reconsideration of the surname refusal,

Iv. SHOULD EXAMINING ATTORNEY MAINTAIN THE SURNAME REFUSAL, APPLICANT ASKS THAT HIS APPLICATION BE AMENDED TO SEEK REGISTRATION ON THE SUPPLEMENTAL REGISTER.

In the alternative, should Examining Attorney choose to maintain the surname refusal despite the evidence and argument submitted above, Applicant respectfully requests that his application be amended to seek registration on the Supplementa t Register.

9 9/23/2015 Collins R esident to Lead Rescue Effor t . Naugles' Losses Rise, Film Makes Several Big Changes - Advertisement

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Advertisement Collins President to Lead Rescue Effort: Naugles' Losses Rise; Firm Makes Several Big Changes verizon FtOS April rt9, 1986 JAMES H.CRANED t Tinker Staff Writer

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Complete your FiOS order Creator-t him-expect ed losses have forced Naugles Inc., the troubled fast-foorl Main,to pare its far-flung today and save $5/mo. cliaiit of restaurants, cluingo presidents and loll interest payments on some of its debt. for 2 years Nang's:is on Thursday reported a loss of $4.5 million for the fiscal third quarter ended April 3,bringing losses to $8.7 million.

0!re , gy,,, 214 MeximmAinerimn faslibod restaurants also will pill $22 million in -VIVer Your Cart Ilan Millertombased owner of winciE....s!!:.!; reserves to (overwrite.downs for closed mid unprofitable stores,said Wayne Withers, chairman and chief executive. :WONT WOODSSTUDIOS Withers also said in a prepared statement that continuing losses have depleted Naugles'cash reserves and f.stesSqr AMIDCIN-.Aif $01,41 Mean Ql)I'aG rVMi14f( •• that the company does not intend to make its semiannual interest payment of nearly S2.1 UtilliOn onI. as senior subordinated debentures.'clic payment is duo April 30.

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Series of Changes

Withers could not be reached for ixonment. But in his stateirimit die anuouneed a series:of Manger; that industry analysts said should bolster the Bagging company, which has lost nearly $23 million Mum July, 1083:

• Millard Itermingliam, president of los Angeles-based Colliiry Foods illiernslinnal, Mach owns 50 1396 of Naugles, has been elected president of Mingles, replacing Miehael hloosliu, who resigned last nautili on president,(bier operating officer mod a director. Bermingham will serve at "a nominal eampertruition"

- Nantes has closed all 11 of its restaurants in Florida and both of its outlets in Kansas City, Mo., And plans to close as many as .57 outlets in Utah, Nevada, Chicago. St. louts and California by the end of the fiscal year Jlttle 30.

-The company has signed a 'mongolismd consulting agreement with a Collins Foods subsidiary for operating and marketing inanageinent.

Withers said that milts in Noughts' moneymaking omits have declined and that the intinber of units operating al a loss increased during the quarter. Neither Withers nor Bermingham andd be reached 10 elaborate on the firm's announcement.

Michael G. Mueller, o restaurant industry analyst for Montgomery Securities in Sun Francism. said Nantes'officials previously told analysts t I lai losses could he expected to slay, in the range of S2 million to 82.5 Million

Although Mingles' revenue has continued to rise—to $126.4 million last year Prom $86.7 million in fiscal 083--its lust prolitithle year was fiscal wits, whim it posted net earnings of$3.1 minion.

http.11articiestatimes.com/1986-04.18/businessal-720_1 collies-foods-International 1/3 9/23t2015 COMM PI esident to Lead Rescue Elks t : Natigles' Losses Rise, Fir rn Makes Several Blg Changes - Mimes At the same time, the number of restaurants has see.sowed. Wangles began the 198.4 fiscal year with 172 outlets, grew to 21311110S seven months later, fell brick to >86 at the end of the year and then increased to 218 units and seven franchisees by last July. If it shuts down all units marked for closure. Naugles will he left with only n44 restaurants.

Despite the bad financial news, analysts seemed upbeat about Collins Foods apparently exercising its recently acquired majority slake in Naugles.

Successful Opcialor

"If l were 41 stockholder, I'd be very happy that Collins is inoving in," said Sarah Stack, an analyst with the los Angeles brokerage fine of Bateman Haider, Hill Richards."Naugles can do nothing, but benefit front Collins leadership."

Collins Foods is a sucenssful operator of fast-food establishments, said Steven M an analyst with the Seattle brokerage house of Cable Home& Kasen.

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Collins founded the Sizzler chain of family steak restaurants and is the not ion's largest franchisee of Kentucky Fried Chicken restaurants. It also owns about a dozen loseuhina'F restaurants in California.

"Collins Foods has recognized that what Naugles has is a system they (Collins officials) think they can dovelop," Sullivan said.

Nineties praised Collins Foods efforts.

"Naugles problem wastlial 0 expanded rosy loo aggressively, added too many units outside as core market area (California), mid they were not lierforming as well as those Heade IIto. core area," lie said. Slack said Mingles management f111,011/1(110bl its grip on expenses and vitas minable even to say what it cost the mummy to pnmare slid serve an average meal. Collins Foods is so e0S1•1`011s01011S, she said, that "flags van go up if costs go up i/ Loth of 1%."

Measles has been a victim of rapist growth llnrt overtook man:igen isitt's ability to control its re r-lintig operations, according 10 311111ySitz and a company spo kem mit

Naugles'founder, I %sold Butler. who sold his interest to Collins Foods Inst fall, VSRS the founder of the Denny's restaurant chain, which analysts said got into financial trouble with rapid growth policies while Butler WAS Still an owner. He 705,0 owned the Jojo's restaurant chain, which he sold to W. R. Grace & Co. in 1981.

hn 1984, Butler started Herschel's Deli & Bakery in San Bernardino. l lerschers now ildS !twee restaurants with several others in the Maiming stages.

Withers said Naugles now iS Using to raise workiiig capital turd expects to sell surplus assets, primarily Inuid. Mingles directors also are considering other alternatives, including debt restructuring, business combinations and reorgai iizat lot t.

Given the amount of effort Collins Foods it; putting 11110 reviving Naugles, Stack said, any reorganization in bankruptcy court is unlikely unless all other approaches are exhausted. NAuGus INC. Al'A GLANCE Naugles inc., Fullerton, is a holding comp:tin.for a eliain of Mexirati-iunericau fast-food restaurants. 11 operates about 200 restaurzuds in five states, but has siossx114 so far this year and plans to close as many 56 in the next few months. Collins Foods international, Los Angeles,owns scr.196 of Naugles' stock.

9 mos. elided April 3,'Sons ended June 30(ilimillions)1986` 198,5 1984 19831982 1981 Revenue 10 126 115 8756 40 Net atomic(8.7)(9.2)(5.1)3.i oss

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Fs iiployees:5,000 Shares oldslandlias 4.43 million 12-1110. price range(OTC): $1.37 i/z2 -- $7 Tlitirsdny's close. 83.50, down 121/2 COW'S

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Advertisement Ganging Up on Taco Bell : Restaurateur Will Merge Del Taco, Naugles to Battle Industry Leader February ow, 5988 l h'1ARYANNGAtANTE:I Times Staff Waiter

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Del Tam and Na ugle% two of the best-known names for .Mexicaut fast-food in California, are being combined by one owner who plans to make the new eornpaily a national drain challenging industry leader Taco Bell.

The combinatfoil would create the second-largest Mexican fast-food (]'lain in 1110 United States and the largest in California, with 373 restaurants. Agreements have be.cn signed for a mist' purchase of the two chains by a new company formed and owiaed by Orange. County restaurateur Anwar Soliman, chief executive of American Restaurant Group, which FROM THE ARCHIVES operates 360 restaurant*

Taco Bet Del Taco smoking hat aver marijuana ads Costa Mesa-bused Del Taco is a privately held company that operates 202 restaurants, ail in California .ovwcz tom except for one in Yuma,Arne. Orange-bastalNatalles operates a chain of 571 restaurants, mostly in by Collins Food haternational of los RESTAURANTS :Taco Bell Borrowing Bernina Mena California, with some in Nevada, Utah and Missouri. It is owned Ingredient— Angeles. Awst s7, r%Is

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"We're trying to create one big annpany out of two—and become a powerhouse,"Solihull' said. "We're a very growing segment with a vary good Born before .1(!r19? going after a segment of the fast-food market, Mexican, that's You can get an extra SzIA)98 size." monthly with this... ' &Annan said that his preliminary studies show that "people don't believe the claims of the big nne,TACO Belt, but they believe in the quality of Del'Taco and Naugles.... We're combiningthe best of both."

MORE STORMS ABOUT lite combined chain will be called "either one of the iNVO illillien--Nangles or Del Taro--or a new name," Mergers Sarum said."Market research will tell us that."

Del Tam Inc 'The long-term plan is to create an untlisputed chain that emnpetes in the market and make it a national Fast Food Industry — southern California chain" in three to five years, Salaam said.

American Restaurant Group Rottman estimated 1987 tanninned sales of Naugles and Del Taco at $2$o million—or almost half of the market share for the Mexican fast-food industry. The sale to Solarium's new AWR 11 company is expected to be tampleted within 30 days.

By far the lender in the fast-food burrito,taco and refried bean industry is Taco Bell, the frane-based unit elf Pepsico It has a nationwide network of more than 2,30ri restaurants.

Ambitious Plans

With Solithan's purchase,the two leaders are almost certain to reevaluate their menus and marketing strategies lo solidify their shares ofthe already intense Meacham fast-food war.

ht 1086,the Mexican fast-food and mid-price dinner house market had total sales of $2.5 billion,

hap:nal-6elestellmes.comt1988-02- 02/business/a -4C097_1 del-taco 1/3 9/23/2015 Gangicsj Up on Taco Bell: Restaurateur Will Merge Del Taco, Naugies to Battle Industry Leader - Blames according to the Commorce Department Soliman estimated that sales at Taco Bell accounted for $1.3 billion of. the total.

Solintan's ambitious effort to take a big bile of the market should be no sanitise to those Ihrialiar with the 49-yettr-old Orange County entrepreneur. During a Tittles interview in September, he talked about his hope to budd a restaurant group that will one clay rival McDonald's.

&Annan learned to build restaurant empires at W. R. Grace.& CO. lie spent ta2 years creating the company's restaurant division almost from scratch and earning a reputation as it dent maker and 11081, maniacal worker.

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11 was in 1986,during his last year at Gram,that S01101811firat nut& news with Del Taco. lie negotiated an agreement that called for Del Taco to pay 534 million for Grace's 8196 interest itt Taco.Villa. The cleat fell tluough when Del Taco could not obtain financing for the plEchase.

After leaving as head of W. R. Gram's restaurant division in Atigust,1986, Solinam engineered a nrultlmi3linu dollar purciame of33o restinitants.from Marriott, including Stuart Anderson's Black Angus mat some trendy Los Angeles acid Orange County eateries such as Pr ego and Harry's Bar & Grill.

Those farm the core of Soliman's Newport Beach-based American Restaurant Group, which he heads as chairman and chief executive. American Restaurants now operates or franchises 360 restaurants, including the Velvet Turtle chain, Spoons,GrandYs and MacArthur Park.

Iasi fall, he made an unsolicited bid to take over Restaurant Associates Industries of NewYork, a firm with more than too restaurants and Iso newsstands. That proposed deal, worth more than Simi million, was ultinuttely rebuffed.

He said he is tiut sole owner of AWR Acquisition Corp., which was formed to purclutse Nauglas and no Taco."It is an interesting segment," he said,'that is not crowded."

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Advertisement Newport Man Completes Naugles, Del Taco Purchase SNEAK Mitrcb 30,1988 I MARY ANN GA1ANTEI Times Staff Writer A PEEK! A Newport Reach restaurateur em»pleted his purchases Tuesday of Del Ille0 1111d N111114leS.-1111) of the best fast-food in California. See What Your loan" names in Mexican California Citrus The combined purchase creates the second-largest Mexican fast-food chain with 371 restaurants, most of Tree is Hiding them in California. 11 is overshadowed only by Taco Bell, the Tiviiic subsidiary of Pepsioa that Ims 2,700 restaurants

sales to newly fon»ed 1Yr I Acquisition were for undisclosecl amountsof cash. Click to learn more. The previously announced ,....smowcitomemiciukyodtmi DTI is controlled by Anwar Raman,chief executive of American Restaurant Group which operates:Rio restaurants. VROM ME ARCHIVES In nn itileiview when tlie Iratisediou was first announeml, Soli:ism told'Chu Times that he intended to Del"laces :Nuked Swat.htiticIder Foiled "create one big eompany--a ponerhouse . to go after the very growing segment" of Nlexican fast-food. .181moni 12, gal. Spillman in February ckstin ailed 1987 tvunbined sales of Dangles and 1.X-4 Taco ai $250 million--or almost hallo( the 'indict share for the Ms amt(Mai -00d ilidliStry. For Ain Touch. Del Tam Hires WonDeolly Meg an, iwg Dude, Where's My Curry? duciewheresmycurry.cam Indian Fast Food Restaurant "Home of Currylicious Yumminess."

'Ile 171 Naugles restaurants were iiiirchased from Los Angeles-banal Collins Foods totem,'ioi with our Multi-Vehicle Discount Naugles subsidiary, based iii Orange, has out lets in Caiii(Mlia, Utah, WVIldli 1111d Missouri.

Collins Foods annum iced Tuesday that it will realize it pretax gain of S. 'tuition to $5 million,depeuutiug 11..0111,1s apply to Yorciittp:S., 1ifivrA5 very 6 am GuitlAwnsi on the final accounting,'11 »again will be reflected in the cmcipany's fourth quarter of fiseal iond.

Christopher Thomas, Collins vice president of finance,confirmed that Collins "is making ii gain on this transaction" but otherwise declined to disclose financial details.

Closely held Del Taco, based in Costa Mesa,operates 202 txmlaurants, all in CAdifornia except for one in Yuma, Ariz.

It was unknown Tuesday whether Solinuot phis to retain the DelTato or Naugles MUMS. Officials with both companies also said they WM umtwure of tun. Omitted clumges iu mitaagetnent.

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Slung t;hnre, Goi a Tweet 0 a.. ,.•.:a 4, n tF la Inc.. said Thursday that it has converted seven fernier Naugles restaurants in las Sle ORANGE --- Del MVO Ca it( ilia C'trus Vegas into Del Tacos, and seen big sales increases as a result. Tree Is Hiding The conversion was completed in January,said Paul Hitzelberger, cumattive vice president of the Orange- based chain of Mesh-an-style fast-food restaurants.

Click to learn more :Even as Naugles,the restaurants bad sides volumes roughly equal to those in Del Ta'ro's core Southeni ses..SivsOuratrutersitketits, California market. He said that since the change,the restaurants:enemies increases rouging from 70% to ttio% compared.to the same period last year. FROM Tto: NRCHIVES There was a complete exterior remodel that reflects much of what the logo signifies, which is a fun, UM Taro Settles Lawstritther Ad Character festive celebration, the start of a new &yid Del Taco with the sun touting up over the mountain," Auwary aa, woo Hitzelberger said.

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ZiAVIItill SAW flu, brans the hurritn for From Noah Chillingworth must've figured that if the secret menus wouldn't stop Christian the Ziebarth once and for all, then the Wayhack Machine would. Vault

For the past five years,Zieharth has run an online campaign to bring hack the legendary Mexican fast-food chain Mingles; the mere mention of it to anyone olio came of age in Southern California during the intios provokes endless paeans(go ahead: try it!). Ziebarth- -a web developer by day--has organized pop-irp restaurants featuring entrees such as Naugles' heef-and-cheese burritos, a cup of beans and ramekins of the chain's Cal-Mex salsa; all of it was eagerly devoured by hundreds of eaters and drooled over by tens of thousands of fans online. He argues that I fel Taco—which had acquired the company in 088 and finally shut ii down in i49S--hadlet t heir Naugles trademark claim lapse, leaving Mtn Iwo to bring it hack from the dead. no -ram, howrver,(i00$111 agree; it has Mt only

httpliblogs.ocweekly.corntstIckaforkInit/2015/04/naugles_retirn del taco christian_ziebarth.php 1/4 9/23/2015 How an OC Food Bloggix Is Bringing Back Nauglm by Beating Del Taco I OC Weekly sent Lebarth cease-mai-desist letters, but lite company is also fighting lam through the Trademark Trial and Appeal Board for the U.S. Patent and Trademark Office.

That's where Chillingwortli comes in. Del Taco's vice president of'mulcting submitted an affidavit to the board showing a print menu with the words "Viva Naugles Viva Del Taco," your Mends to iike this win* he claims, proved Del Taco has maintained the trademark idt these years later. He Be the fast of mentioned the existeuce of a secret Del Taco menu that carried Naugles items for those in the know and submitted 13 screenshots mentioning Mingles from previous.DelTateo website incarnations kept on the Wayback Machine, the site that archives pages from across the world. Del'Taco's filings confidently stated that the metros and Wayback.Alachine were "mcamplels1 of advertising previously used by Dot Taeo in connection with its restaurant services, prominently featuring the. Naugles mark." OurilatIFAVORITE But Chillingworth underestimated Zieliarth's zeal. Under cross-examination by Ziobarth's attorneys, Chillingworth admitted he had never seen die print menu actually in use by Del _w OC Dishes =nix.'" Taco, while a three-judge panel brushed off the existence of the clandestine Naugles(1101111 as meaningless to the ease. As for the websites? All they did, wording to the unimpressed judges retiewing the matter. was "merely recount the history of the merger" of Naugles and Siicleshow Del "Taco, adding they Were "clearly not advertisements." The Heirloom Seed Exposition And with that, the Trademark Trial and Appeal Koard futind in favor of Zieltarth, who's now 2015 Mantling to restart Naugles in earnest. It's one of the best lhnid-aaddhil lath corporate stories to MI the Southern to fowl world in years and represents an mita missiiieut lo Del Tani, which was recently sold for $500 million to Chimp investors. But the battle could've been everted if Del'faeo had just listened to Ziebarth in the first Brew Hee Haw 2015 @ the OC {dime. Fair

The 4.1 -year-old H018110011 Beath resident grew up in 1"011(8400 Valley eating et Tani Kell aialMari('s Mexican Food, but Miele visiting his grandparents in Joshua Tree as sehooler, he had his first Noughts experiei int. Founded by former Del Tam employee Dick The California Hot Sauce Expo 2015 Naugle in 1970, Naugle:4(1(60:1y acquired a cult following thanks to its fresher taste Hy lite tii110 Ziobarth tried the food is the mid-10os, Naugles locations numbered in the hundreds net-m.148°1'111(1ra California. More Masbate* sa "All my friends al Fountain Valley High would go int 411111 011about Naitigles," Ziebarth said over an appetizer or beams Am chips itt TaqueEta 'lemon'in Saida Aura."After u while, I could'' ignore it. So when I was with my grandpare its, we W0111 011110 lunch. After just one bite of a Intrrito, I knew wine everyone was talking about. I was addicted." That love affair, however,would last only a year. lit ig88,1)el Tato acquired leaugles1111(1 110011 011111.1' $111111ting down outposts or coaverting hem into Del'Dims. A year later, Ziebarth went on a Mormon mission to Ireland. When he returned home,mat of the first t Maga he did was visit his favorite Naugles--on Brookimrst Street between Slater and Warner avenues--only to find it converted into a Del Taecu. That, 75ebarth still remembers, was "a sucker punch." The last one was shuttered in 1995,in Nevada. Trim r KANYE Years passed 10 2005,Zid tank began 0.C. Mexiintii Restaurants, a Wog on which he vismuft reviews local eateries. In August 2oo6, he posted it short remembrance of ;shingles. It had WEST such staying power—comments and search-engine referrals front across the world—that BEACH PARK Ziebarth kept updating the post with old photos of Nantes hats and menu items and, TEMPE finally, a petition nsking Del Taco to bring hack Naugles menu items. That led to an invitation by n Del Tam PR person to lunch in 2008. T1101-0, 7.ieharth RESTAURANTS suggested again that Del Tam bring Naugles items back, ns his bldg post showed there was n market for it."She said it was a good idea and would take it back to her bosses," Ziebarth GEL Gelson's Supermarket recalls. "It felt good to spur them into thinking about this. My work was done." ilia View Ad I View Sltc Instead. it seemed, Del Taco did nothing,annoying 7.iebart h. He did research that indicated Del Tam had abandoned the Nangles trademark, leaving anyone to claim it and use it for business. So Ziebarth did just that. In 2olo, he filed a petition with the 11.S. Patent and Trarteimnic Office to cancel Del Tam's claim to Natigle-s. tie started tweeting under the Eenangles handle in September 20'twilit the simple sentence "yes, Naugles is getting ready to re-open ... stay timed for more information". He gathered a team of business partners and food people to reverse-engineer the Nantes menu;the pop-ups started last year, going viral across Southern California and with a waiting list numbering into the thousands. A11 the while, Ziebarth and Del Tam fought it out ott the legal front, with so many filings that We final luting noted that "the trial record iu this case is VOIAllUillOUS."

DelTi1C0 maintained all along that Ziebarth was little .11101001:10 an obsessive Coedit?, that it ahvays reserved the right to bring Naugles back As proof, Del Taco legal filings point to

http//blogs.ceweekly.comistickaforkInit/2015/04/naugles_retirn del_taco chrlstian_zlebarth.php 2/4 9/23/2015 How an CC Food Blows- Is Bringing Back Naugles by Scaling Del Taco I OC Weekly silks of Naugles shuts on its website and the existence of the secret menu featuring old Naugles items including a bun taco and a Macho burrito. But onl‘larch 3r, the fudges sided with Ziebarth, sriing all the eeidence—the tweets, the Wog posts, the pop-tip restaurants— sl towed Lebtulli was not a -time intermeddler, but lats a real interest" in restarting Naugles and that Del into hadn't shown the same interest mail Ziebarth came along.

it'ms a hell of a week for Ziebarth, who also proposed to his girlfriend (she said yes). But he isn't resting easy. "What this news means is that Del Tacos registration of the trademark will be canceled," Ziebarth says."Now tuy registration gains precedence. Once we show it to be in use—which we already sort of have—then we can get my registration finalized. There's a chance Del Taco can appeal, but maybe the new owners won't want to bother." And how does lw feel?

"To quote Jaws Brown,'1 fed good,'" he says."Then I imagine Han Solo saying to me, 'Great, kid. Don't get oncl.)-!'

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http://bicgs.ocweekly.com/stickafcrkinit/2015/04/naugles_rekurn_del taco christian_ziebarth.php 9/23/2015 How an OC Food Nogg, Is Bringing Back Naugle by Sealing Del Taco l 00 Weekly

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,ati Chad Whitney Bellflower High School "When Danny Contreras says it, we DO ill" Like • Reply - Jul 29,2015 12700pm

Mark Collins • Teacher at Ajo High School Just don't bring back the particularly irking quote that used to be on Naugle's Ill soft drink cups:"When Dick Naugle says it, wo DO it!" Like • Reply • Jut 28. 2015 1110pin

Linda Patterson • Menifee, California Naugles was so much better. I worked at del taco and still order bun tacos, some del tacos don't know what they are and some put red sause on them and make them mushy. Del tacos food these days is flavorless, bul I still love their fries. Naugles was the first place that I had an egg Burrito at, tell M love with them then.

Like • Reply •ii53 • Jut 20,2015 9:51eni

Stuart Gibbs • Works at Currently Unemployed El I ale Naugles In Missouri. Love them, but have to say I disagree with the comment about Del Taco fond being flavorless. I eat there quite a bit, love the food, service and cleanliness. Can't wait until Naugles starts rocking again and I get to try a macho burrito. Like • Reply • Aug 5.2015 12.30pm

Klm O'Neill I only care that I can get a macho burrito when I visit Cali. Like • Reply 163 • Jun 13,2015 3:30pm

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4/4 http://blogs.ocweekly.comIstickaforkInit/2015/04/naugles_return del_taco chrlstian zlebarth.php Fans waited 20 years for this restatunnt to reopen - Jul. 29, 2015 http:•:nioney.enn.coni;2015107/29tnews,naugles-mexican-restaurant-reo...

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It's risen from the ashes.

Alter a 20-year hiatus, Naugles, a popular Mexcan restaurant that once had a cult-like following, zYb, reopened this WOOK in southern California.

The Naugles rebirth was met wilh joy which resonated over social rnecia. Fans of the restaurant posted exclamations of excitement and anticipation and shared their love of Naugles. Noniron') Lrvroming Devocr" Flown Lloorgenwra birdie One user said he'd missed the restaurant's cheese burritos for 'far too long." btaltoting Wigs Eoe az.Os Einpicryors 1 POS1 41 OW

Mike Petry Yullow lobs by indeed *Deco/Flyer Where exactly is the new gricugles that opened Monday in Fountain Volley? l have missed those cheese burritos for far too long. gyummy 8:28 AM •29 ad 2015 CNNMensy Sponsors 2

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1 rob 9;28;2015 2:36 PM Fans waited 20 years liar this restaurant to reopen - Jul. 29. 2015 http:rinoney.cnn.conti2015107/29/newsinatigles-inexican-restaurtint-reo...

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Another fan of the chain said the reopening was a big deal because "Naugles Is to Mexican food as Interest rates over 1 when you open In-N-Out is to hamburgers." a new account with our featured banks Naugles is tO rnexicarl too° as in-N-Oal is to hamburgers. Yes this is a big deal. hitns.i:t ielLiaktiEkga Want to earn a higher interest rate? Consider putting your money in a CD danr929(edent9291Jii]v ;14. 201i) account

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KIngsfanlaurte pottow rakingsfantsur4

Wonder if It will taste the same as long agol Loved Nauglesll twitter.convxtrgheatherist.. 7:53Am.29 .Jul 2015

2 of6 9.- 28.2015 2:36 PM Fans waited 20 years for this restaurant to reopen - Jul. 29. 2015 http:./Anoney.enn.coml2015107;29itewsinaugles-tnexican-restaurant-reo...

Heather Froglear Follow d$KPRGHeather

Rejoice, nideugles IS Week in Southern California! Get the scoop here •—•> CbStOC.titilLleknX9 7:13 1,04- 29 Jul 2015

i K-FROG Radio

N tittles la Baca With New Su Cal Location! le you enloyed the IE fast food franchise Frougios in the 80's. ifs been resurrected n eye city of Fountain Wiwi!

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Still other lovers of the restaurant said the reopening brought bacK good memories.

Llsa Neuss Follow elprouss

Do you remember otliik:/),e.from the 80003 m the CC? So awesome to see es comeback • brings back good Ire^ ones INvitier.corn,FootiNwFeett,st 8:17 AM - 29 Jul 2015

Tracl Baez gherititatit

to.eaterconv20181/26,0060... Goingll !) 5:24 AM • 29./12015

I loved fiNlatoles growing up in the 80's! l hope they bring back at of the original menu items ;and then sorrel) <3 ritlp:11.mieficINNI757

— Sandie Jones (0)Tweet_JoJo).1)1v f-.`R

Tuosola' y's opening al a locution in Fountain VaMoy Calf., carno after years or hard work hom Naugles Mexican devotee Christian Zleberlh. After working with partners to recreate the Iconic menu featuring and American dishes. Zlebarth served popular recipe Items at pop-ups in southern California before the restaurant opened.

'I was inspired by seeing how Many other people there were that wanted Naugles to return. They all had very vivid memories of it and it seemed dear that there was a demand to Ziabarlli to:d CNNMeney 'Naugles is test food done right.'

3 of 6 9,28;20.13 2:36 PM Fans waited 20 years !Or this restaurant to reopen - Jul. 29. 2015 http:i,'tnoney.ctin.comi2015107129inewsinaugles-mexican-restaurant-reo...

His favorite menu item? The 'Ortega burger.* which isn't yet available but will be soon.

Ziebarlh, a web developer and food blogger, took on Del Taco for the rights to the Naugles trademark, arguing that Del Taco had allowed its claim to tho trademark to lapse.

Naugles merged With Del Taco in 1988. and by 1995 811 of its locations had been shut down arid replaced with Dei Taco restaurants. However. Del Taco claimed it had maintained a secret menu with Naugles items and still advertised for the defunct Mexican restaurant chain.

The U.S. Patent and Trademark Office sided with Ziebarth, On March 31, Zieberth won the right to register tor the Naugles trademark and reopen the restaurant.

The first Naugles location was opened in 1970 by Dick Naugle. a former Del Taco employee. It eventually grew from the one restaurant in Riverside, Calif., to 225 restaurants 0 the U.S.

Correction: An earlier version of this article incorrectly stated how long Naugles had boon closed.

ONNMoriuy New 'Ybrk) July 29, 2015: 5:34 PM ET

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4 of6 9/28/2015 2:36 PM Fans waited 20 years for this restaurant to reopen - Jul. 29, 2015 http:iimoney.enn.com/201.5107)29/newsAtaugles-mexican-restaurant-reo...

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TheTrust " 9a14

lifilacNCheezein Please Well said, peanuts and all on the floor

Reg 8h/cre Liiie Reply

sobrietyAA "94 "I.

must be a slow news day. why else would a local restaurant opening make a national venue. yawn.

Kieph. Flag Share Like

Smackvking 11424 rit

Del Taco did not maintain a "secret" menu with Naugles items. l know..ilive near a few and would ask every so often. l loved the cheese burritos.

Flog Share Like HePIY

MacNCheeze70 Please " 94,4

Bahl l was hoping for it to be" The Ground Round" with an even bigger video arcade than It's original restaurant.

Mg Shan* Like Reply

2:36 PM 5 of6 9(28,2015 Fans waited 20 years for this restaunint to reopen - Jul. 29. 2015 hap: noney.enn.comi2015S07/291iewsAiaugles-mexican-restaurant-reo...

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6 of6 9,28!2015 2:36 PM ey

U. S. DEPARTMENT OP COMMERCE PATENT AND TRADEMARK OFFICE

Christian M. Ziebarth

Del Taco, LLC

Cancellation No, 92053501

Kelly K. Pfeiffer of Amezcua-Moll & Associates, P.C. for Christian M. Ziebarth, April L. Besl and Joshua A. Lorentz of Dinsmore & Shohl LLP for Del Taco, LLC.

The petition of Christian M. Ziebarth having been granted on March 31, 2015,

Registration No. 1043729 is hereby cancelled.

Mary Boney Denison Commissioner for Trademarks

Jill 2 9 2015 Naugles Fast Fond Restaurant https:llwww.facehook.comnauglesfood

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PEOPLE Naugles Fast Food Restaurant 1E3 September 3 at 6:39pm •

Please be sure go join our facebook fan page! 3,596 likes httpsdiwww.facebook.com/groupsinauglestansi 246 visits Like Comment

ABOUT John Cruz, Lisa Coleman, Jennifer Molina and 5 others like this.

cn Doug Adams Won't let me join 9 NO September 6 at 2:49pm Ellis A.A.'•

Naugles Fast Food Restaurant August 9 - 18471 Mt Langley Ave Fountain Valley, California Interested Investors please visit www.nauglestacos.com o [email protected] littps://www.facebook.contIgroupsinauglesfails, Naugles Tacos and Bur PHOTOS The Naugles fast food chain, speci hamburgers, was founded by Dick f lasted until 1988. Il VVWW.NAUGLESTADOS.COM

I of6 9/23(2015 1:24 PM Naugles Fast Food Restaurant https://www.facebook.cominaueleslood

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and 59 others like this. NAUGLES Jan Flores Varela, Lori Sobbe, Brien Floren TACOS 11 shares HAMBURGERS View 3 more comments Jennifer Sogoian Combs Randy Combs August 10 at 7:52pm Cathy Vasquez Milovich Not sure if its still available, but re kik! location in rancho santa margarita on antonio pkwy is vacan September 13 at 1:18pm NAUGLES TACOS Naugles Fast Food Restaurant HAMBURGERS August 2

No Drive Thru and not open regular hours as of yet.

like Comment VISITOR POSTS Iviery Reusch, Daniel Real, Tami Spam and 19 others like this.

VIEW 15 more comments Colin Smythe : September 20 at 6:57pm Flody Ray Rodriguez Loi it had sucked Saturday I passed I rk -4 brookhurst and Ellis and you where open but I had already Visited your FV location today. Great to see ya trying to August 9 at 9:41pm bring bac... See More Nikki Caletti Marlowe 'There's an empty drive thru restaural Warner in FV that's been sitting there for awhile!? • Share 6 Like • Comment August 15 at 11.42arn

Donna Pierce ...,:,, Naugles Fast Food Restaurant September 19 at 2 08prn , . August2 • Finally, got my combo cup! Just as good as I Hamburgers soon, but tacos for sure now, remember, only thing the chips don't come with it you have to order separately. Like Comment Like • Comment • Share 4 Matt Serwy, Mary Reusch, Daniel Real and 46 others like this.

View 6 more comments Steve Urry September 13 at 3:35pm Naugles Fast Food Restaurant I've been to BTs many, mai August 9 at 7:13pm I met my wife 40 years ago and even asked her to Donna Nelson When are you going to have your egg and b many me at Naugles. See More 4 best11111 August 15 at 6:35pm Like • Comment • Share

Naugles Fast Food Restaurant updated their prc REVIEWS picture. August 2 3,6 3.6 of 5 stars • 8 reviews

2 of6 9i2120.15 1:24 PM Naugles Fast Food Restaurant https://www.facebook.corninauglesfood

Kenneth Kramer — My parents talked Ail about this place every time we'd go to Del Taco, never going bock there again. Best "fast food" taco and burrito I've had. Can't wait for the menu to expand and for them to find a better spotl August 9.2015 2 Reviews 3 1

Chelsie Marie — There Is so much confusing information for this place and even NALTGLI going off their website isn't accurate as its 13 after 10.., See More August 16, 2015 - TACO • 2 1 HAMBURG Tell people what you think

English (US) Privacy • Terms Cookies Advertising Ad Choices • More Facehook 2015

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Mary Reusch, Sandy Stephens Arredondo, Daniel Real and 136 oir like this.

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View 10 more commerits 4 Ann Kominski Are the egg burritos on the menu? 1 • August 7 et 8:41am 1 Reply

1 Darrin Luke Cerese Love Sage Leah Gallagher do you rem IA September 7 at 5:30pm

Naugles Fast Food Restaurant July 8 •

It could be considered a criminal act to not join the Naugle today!

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Christine Strasbaugh Neumann, Mark Berner-din, Laurie D. Rottmar and 77 others like thls.

3 of6 9,23i2015 1:24 PM Naugles Fast Is Restaurant ltps:WWW.facebook.cominauglesfood

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2 more comments Seott Compton Nauglees sold out to Del Taco years ego. Give it up. IA. Y July 29 at 6.02pm 5 Replies

"te Richard Felipe So will there be one in Corona CA? 2 - July 29 at 11:21pm - Edited

Naugles Fast Food Restaurant MEI July 2

How many of you have not joined the Naugles fan page?

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Matt Serwy. John Vaught, Glen Prince and 28 others like this. Most Recent

View 3 more comments ohn Vlllafana Request sent..please accept July 30 at 4:56am le John Vaught I have. it August 5 at 11:31pm

1.1 Naugles Fast Food Restaurant mai June 10 •

Be sure to join the Naugles fan page)

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Matt Serwy, Vincent Hans, Michael McGowan and 29 others like this.

Vie.-' 2 more comments .1 11111 Naugles Fast Food Restaurant It's coming backl am July 8 at 8:24arn Donna Langdon-Abakumoff Where it will build. l remembered l was thrilled they are coming back. 3 remember the foods and the taste. July 8 at 8A2am • 1

:,,, i Naugles Fast Food Restaurant updated their cover ' photo. May 7

4 of6 9/23:2015 1:24 PM Naugles Fast Fond Restaurant https://www.facebook.cominauglesfood

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View 6 more comments Sue Quinn Wombles What r the hours August 5 al 7 25pm Ronnie Lane September 15 at 0:44am

Naugles Fast Food Restaurant updated their profile picture. May 7 •

5 of6 9,23/2015 1:24 PM Naugles Fast Food Restaurant littps://xyww.fiteehook.cominaugicsfood

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View '7 more comments Wayne Dimmlck Naugleburger was the sloppiest burger ever. Freakin MIN delicious. August 23 at 12:14pm Cynthia Harb Banayot Herb do u remember this place August 26 at 71)Opm 1

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6 of6 9232015 1:24 PM Discussion Members Events Photos Files Si.arcv•

':TES. BEITS 11.724 rnem,Jers (1313 Li Write Post L...) Add Ph0101Video Ask Question a Add Fite •

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Tweets Tweets & replies Photos 8 videos Senor Naugles k.pskroLlits Senor Naugle% • • .. Popular food cnaln from the 70's 8 SO's Bun tacos were tested last weekend at the at the beginning of its comeback We iike Del Taco but are not affiliated voth them Naugles Corporate Test Kitchen: 9 Southwestern Unite° States flickr.com/photos/cziebar... ti' »augttStacus.corn Joned September 2009 Senor Naugles fiLk Photos and videos Naugles - Wikipedia, the tree encyclopedia hups:,./en.wikipedia.orgiwikiNaugles

Naugles From Wikipedia, the free encyclopedia

a Southern California fast-food Mexican Naugles was Naugles. restaurant chain that existed from 1970 to 1995. Former type private Industry Fast food Contents Faro Merged with Del Taco Successor Del Taco • 1 History Riverside, California, 1970 • 2 Revival Founded • 3 In popular culture Founder Dick Naugle • 4 -References Defunct 1995 (last locations in Nevada) Heaclquau - Riverside, California Number of 200+ History locations Area served Southern Calitlunia, Nevada St. founded by former Del Taco partner Dick Naugles was Louis. Missouri and Orlando, first .Naugles restaurant was located at the Naugle. The Florida.'Utah (list not complete), southwest corner of Fourteenth St. and Brockton Ave. in Riverside. California (now a Del Taco). Dick's motto was Mexican fast food "-Prepare food fresh. Serve customer fast. Keep place clean!" Products Slogan Prepare food fresh. Serve Harold Butler purchased Naugles in 1979 when the chain customer fast. Keep place clean! consisted of three restaurants. The chain was expanded by a system of non-exclusive franchises, which later was ruled unlawful by a federal court.[J] Butler built Naugles up to 225 restaurants by 1986, when he sold the chain to at Collins Foods InternationaHl. Naugles merged with Del Taco in 1988 when busiatessman Auiwar Soliman purcha.se both conipanies at nearly the same time.[` 1141 A few of the Naugles menu items, such as those with the "Macho" designation. found their way into the regular 'Del Taco menu. Also, the Naugles Taco Sandwich (Del Taco called it a "bun taco") can still be ordered from Del. Taco even though it does not appear as all item listed on the menu.

Later in May 1989, Soliman announced that he was going to convert most of the 171 Naugles locations to Del Taco by the end of that summer.15.1 By the time Soliman sold. the integrated company in 'January 199() to a four-member group of Del Taco managers lecl by President Wayne W. Armstrong, there were 59 Naugles lcll with. 25 located in California and 34 located in Utah, Nevada, Missouri and Arizona with 290 Del Tacos in California plus a Ione Del Taco in Arizona.[6]In August 1992, only 31 Naugles in the states of Utah, Nevada, Missouri, and Illinois remained with all the locations in California bad been converted.rn

In March 1994, Del Taco converted all seven remaining Naugles locations in the state of Nevada to the Del. Taco brand, Del Taco claimed that the conversions led to a great increase in sales at. those locations.[8]Seven month later, Del Taco announced it had completed converting all six remaining Naugles locations in the state oIUtah in October 1994.[9]In. December 1994, Del Taco announced that they have finished converting all four Naugles in the metropolitan St. Louis area.[I°1 According to the 1994 article in the St. Louis Post-Dispatch, the .four Naugles locations in St. Louis were the last sites that were converted to Del Taco.[M

I of4 91-28.i20.15 2:54 PM Mingles Wikipedia, the tree encyclopedia hops:.- en,wikipedia.orwwikiNatigIcs

The last four remaining Naugles locations, all in Nevada, closed in 1994-1995. In the Las Vegas area, 3 restaurants closed circa 1994/95. The last Naugles location, in Carson City Nevada, on Hwy 50 East, closed in 1995. Today that former Naugles location is a Chinese restaurant called China East.

Revival

In August 2006, blower Christian Ziebarth posted a remembrance page on his year old Orange Gowny Mexican Restaurants blog site on how he had missed the defunct Naugles restaurant chain and wanted Del Taco bring back some oldie old but tmique Naugles food itemsJi1j112] In a very short time, he received from comments from hundreds of other people who felt the same way. So much interested was being generated by his webpage that a Del Taco public relations staffer contacted Ziebarth ttt see how Del Taco could take advantage of this renewed interest.

On May 31, 2012, the Orange County Register reported that a group was attempting to revive the Naugles brand.1131 ()n July 9,2013, the OC Weekly ran a similar story, with the author of the piece mentioning he had tried some Naugles taco sauee.114]

On March 31, 2015, Christian Ziebarth won a judgment from the Trademark Trial and Appeal Board,[ 51[161117] allowing the restaurant to return to life as a new standalone spot in the Orange County conanunity of Fountain Valley. Calilbrnia. In the years since he first. applied to take up the Naugles trademark and menu (hack in 2010). Ziebarth went so far as to re-create the menu from scratch, hosting pop-up dinners at various locations as a way to further gather ground support.[14]

Ziebarth and his backers decided to open a "test" kitchen to help shape the 'brand and on July 25, 2015, the Fountain Valley location had a "soft opening" to the public.1181 The current mean includes bean and cheese burritos, hard and soft-shelled tacos, cups of beans, drinks, and more. 'file Naugles location is at 18471 Mt. Langley Street in 'Fountain Valley.

Less than a week later, the restaurant had a hard time keep up with de.mand and had to "closed indefinitely" so that its owners could "pause and reboot." before determining their next plans as the result of this totally unexpected turn out.1.191P01 B the end of the first week, it was determined that they needed. to change their initial plans since the turnout was totally caught them by surprise. It is too early to tell if the initial success would. continue to sustain the company or if this might be a flash in the pan since the company still needs to develop procedures and find a better location that could handle the crowds without breaking their bank account and not upsetting their neighbors by the increase in traffic.P

In popular culture

In the original Naugles "Di commia.cials, the character of Senor Naugles was played by character actor Roger C. Carmel and comedian Avery Schreiber. Hispanic actors, offered the role, refused to take part in the advertisements due the stereotyped image presented of Mexicans (the source for this claim cannot be fcamd).[221

References

1. Fuss, Nicolui J.; Malinke. Volker (2000). Compefence, Governance, and Entrepreneurship: Advances in Economic Strategr Rowan-h. Oxford University Press. p. 235.)SIN 0-19-925981-X, OCLC 50614726.'Retrieved 2008-05-10. 2, Granelli, James S.(1986-04-18), "Collins President to Lead Rescue Effort Naugles' Losses Rise; Firm Makes Several Big Changes". Los Angeles Times. Retrieved 2015-08-05.

2 of 4 9/28,2015 2:54 PM N mules - Wikipedia he free encyclopedia littps:iien.wikipedia.orgiwikiNau.gles

3. Galante, Mary Ann (1988-03-30). "Newport Man Completes Naugles. Del Taco Purchase". Los Angeles Times. Retrieved 2015-08-05. 4. Galante, Mary Ann (1988-02-02). "Ganging Up on Taco Bell: Restaurateur Will Merge Del Taco, Naugles to Battle Industry Leader". Los Angeles Times. 5. -Rowe, Jeff(May 17, 1989). "Adios to Naugles Fast-food chain to switch to Del Taco". Orange County Register. p. c01. "Restaurant magnate Anwar Soliman. who owns both chains, said Tuesday he will convert most of the 171 Naugles restaurants into Del Tacos. by the end of the summer. Soliman's company, AWR.II Acquisition Corp., converted two Nauglcs, at 2300 N. Tustin Avenue in Santa Ana and in Long Beach, about two months ago as a test." Link (Imps://seareh.proquest.comidoeview/272344199/) via ProQuest. 6. Odell, John (January 5, 1990). "Del Taco/Naugles Inc. Acquired in Buyout". Los Angeles Times. "A four-member management group, headed by company President .Wa7ene W. Armstrong, acquired the privately held chain from Newport Beach restaurateur Anwar Solinian for an undisclosed price. GE Credit financed the buyout by L)el Taco management: Armstrong, who is also chief executive officer, and three corporate vice presidents-John (7Arfton, Harold Fox and Paul W. Hitzelberger. The four are equal partners in the iniquisition....290 Del Tacos and 25 Mingles in California, the 34 Naugles in Utah, Nevada, Missouri and .Arizona and the single Del Taco in Arizona." 7. Reckard, F. Scott(August 18, 1992). "Fast-thod competition heating up". Las Vegas Review-Journal. p. 6D. "Del Taco Inc., the nation's No. 2 Mexican fast-food chain in sales, owns or franchises.31 Naugles restaurants in Utah, Nevada, Missouri and Illinois and 289 Del Tacos, all but one in California." Link (https://seareh.proquest.com /docview/259955877/)via ProQuest. 8. "Las Vegas Conversions Paying Offin Big Sales at Del Taco Restaurants". Los Angeles TimeS. March .18, 1994. "Del Taco Inc. said Thursday that it has converted seven thriller Mingles restaurants in Las Vegas into Del Tacos, and seen big sales increases as a result. He said that since the change, the restaurants saw sales increases ranging from 70'liti to 180% compared to the same period last year." 9. "Brielly"...S'eft Lake Tribune. October 12, 1994. p. 114. "Del Taco Inc. has opened six restaurants along the Wasatch Front, completing a $1 million ehangeover of former Nauglcs restaurants. The Southern California-based chain has opened restaurants in Salt Lake City, Ogden. Orem, Sandy. American Forktand Roy." Link (https://searckproquest.com/doeviewi28858 I 6851) via ProQuest. 10. Faust, Fred (December 5. 1994). "All Saints' Church Loses A Round to Instu-ance Firm". Si. Louis Post-Dispeneh (Five Star ed.). p. 7. (subscription required (help)). "Naugles, meanwhile, has changed the name of all its outlets to Del Taco. St. Louis was the last area to get the changeover. Two weeks ago, the four metropolitan locations were closed for renovations and have now reopened as Del Taco. An ad campaign is under way to introduce the name." E_ink (https:;/search.proquest.com/cloeview/3038688001) via ProQuest. IL Arellano, Gustavo (April 9, 2015). "How an OC Food Blogger Is .Bringing Back Naugles by Beating Del taco". OC Weekly. "In 2005, Ziebarth began O.C. Mexican Restaurants, a blog on which he reviews local eateries. In August 2006, he posted a short remembrance of Naugles. It had such staying power-comments and search-engine referrals from across the world-that Ziebarth kept updating the post .with old photos of Naugles hats and menu items and, finally. a petition asking Del Taeo to brine back Naugles menu items." 12. Luna, Nancy(October 26, 2014). "Remember Naugles? Blogger fights Del Theo to revive defunct fast-food brand". Orange County Register. "In 2005, he began chronicling. his Mexican dining experiences through an online journal: Orange County Mexican Restaurants. In 2008, his popularity peaking, Ziebarth caught the attention of a Del 'illteo publicist. During a meetup at a Del Taco in South County, the spokeswoman asked Ziebarth: "If there's anything you could ch.ange to our menu, what would you do'?" His answer came swiftly. "Bring back Naugles items..People have not forgotten about them." 13. Ltma, Nancy(2012-05-31). "Is Nauglcs making a comeback?". Orange County Register. 14. Arellano, Gustavo (2013-08-09), "Naugles, Legendary SoCal Mexican Fast-Food Chain,is Trying to Make a Comeback, and We Have the Proof". OC' 15. Luna, Nancy (April 1, 2015). "Naugles comeback: Local food blogger wins trademark case against Del Taco". Orange County Register. "The record unequivocally shows that respondent(Del Taco)ceased operating the last restaurant bearing the Naugles name on October 25, 1995." 16, Slaviek, Scott(June 1, 2015)."New life for Naugles? Del Taco dinged at TTAB: Mexican-Chemed restaurant chain loses mark to abandonment". InsideCounsel. "Del. Taco's own witness testified that the company had stripped using the Naugles mark as the actual name of a restaurant on October 25, 1995." 17. 'Christian M. Ziebarth v. Del Taco, LLC"(PDF). trademark Thial and Appeal Board. United States Patent and Trademark Office. March 31, 2015. "Cancellation No. 92053501"

3 of4 9i28/2015 2:54 PM Mingles Wikipedia, the tree encyclopedia Intps:;fen.wikipedia.orpvikiNtnigles

18. Sharon. Keith (July 31, 2015). "Fast Food: Naugles' return brings on waves of nostalgic. eaters: Naugles which was born in Riverside — has reopened in Orange County. much to the delight of patrons who remember it as the hang-out spot in thc '70s and '80s.". Riverside Press-Enterprise. 19. Luna. Nancy (2015-08-05). "Where did Naugles go? Swamped by fans, the reborn fast-food brand plots limited hours, weekends-only service". Orange. County Regisw. 20. Elliott. Farley (2015-08-04). "Naugles Remains Shuttered as Unending Lines Cripple Fledgling Restaurant". Eater

21. Elliott, Farley (August 5, 2015). "Just Like That, Naugles Reruns With Weekend-Only Hours", Ewer 22. Sayan, Leslie (1994). The .sponsored life: ads, T1 and American odium Temple University Press. p. 241. ISBN 1-56639-245-4. OCLC 30517503. Retrieved 2008-05-10.

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Categories: Fast-food 'Mexican restaurants Restaurants established in .1970 Companies disestablished in 1988 Companies re-established in 2015 'Defunct fast-food chains Companies based in Riverside. California .Detimet restaurants in the United States I Restaurants in. California Defunct restaurants based in California Defunct restaurant chains in the United States

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.l of4 9•28i2015 2:54 Plv1 Dictionary of American Family Names - Oxford Reference http:fiwww.oxfordreference.comiviewil.0.1093/aeref9780 I 95081374.00...

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Dictionary of American Family Names

Edited by Patrick Hanks 203 Library ,Thurnal Best Reference Source

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The Dictionary ofAmerican Family Names contains more than 70,000 of the most commonly occurring surnames in the United States, giving their comparative frequencies, linguistic and historical explanations,selected associated forenames, and occasional genealogical notes. The product of a ten-year research project gathering the contributions of thirty linguistic consultants led by Editor in Chief Patrick Hanks. it explains the meanings—some intuitive. some amusing, and some quite surprising—of the family names for more t ... More

BIBLIOGRAPHIC INFORMATION Publisher; C)xford University Press Print Publication Date: 2003 Print ISBN-13: 9780195081374 Published online: 2006 Current Online Version: 2006 10.1093/acre1/9780195081374.001.0001 °ISBN: 9780195188417

Patrick flanks,editor Patrick flanks is an internationally renowned lexicographer and names researcher affiliated with Brandeis University, Be is Mao editor of the Dictionary of Surnames and the Dictionary ofFirst Manes.

I of 2 9/28f2015 2:58 I'M EXHIBIT 10(b)

PTO Form 1553 (Rev 9/2005) OMB No. 0651-0054 (Exp. 10/31/2017) Trademark/Service Mark Amendment to Allege Use (15 U.S.C. Section 1051(c))

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 85040746 LAW OFFICE ASSIGNED LAW OFFICE 118 EXTENSION OF USE NO MARK SECTION MARK http://tmng-al.uspto.gov/resting2/api/img/85040746/large LITERAL ELEMENT NAUGLES STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES The mark consists of standard characters, without claim to any particular font MARK STATEMENT style, size or color. OWNER SECTION NAME Ziebarth, Christian M. STREET 208 19th St., #1 CITY Huntington Beach STATE California ZIP/POSTAL CODE 92648 COUNTRY United States PHONE (949) 387-1457 EMAIL [email protected] GOODS AND/OR SERVICES SECTION INTERNATIONAL CLASS 043 CURRENT IDENTIFICATION Cafeteria and restaurant services GOODS OR SERVICES KEEP ALL LISTED FIRST USE ANYWHERE DATE 03/20/2012 FIRST USE IN COMMERCE DATE 03/20/2012

SPECIMEN FILE NAME(S)

ORIGINAL PDF FILE SPN0-6823122144-20150929153104501647_._Specimen_of_Use.pdf

CONVERTED PDF FILE(S) (2 pages) \\TICRS\EXPORT16\IMAGEOUT16\850\407\85040746\xml4\AAU0002.JPG

\\TICRS\EXPORT16\IMAGEOUT16\850\407\85040746\xml4\AAU0003.JPG Advertising and menu showing use of the mark in connection with the offered SPECIMEN DESCRIPTION services REQUEST TO DIVIDE NO PAYMENT SECTION NUMBER OF CLASSES IN USE 1

SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100

TOTAL AMOUNT 100 SIGNATURE SECTION DECLARATION SIGNATURE /Kelly K. Pfeiffer/ SIGNATORY'S NAME Kelly K. Pfeiffer SIGNATORY'S POSITION Attorney of record, California bar member DATE SIGNED 09/29/2015 SIGNATORY'S PHONE NUMBER 714-288-2826 FILING INFORMATION SUBMIT DATE Tue Sep 29 15:39:35 EDT 2015 USPTO/AAU-XX.XXX.XXX.XX-2 0150929153935963645-85040 746-540594f6427d43ebf417e TEAS STAMP b5c9173f4edfc368c6c6337e8 7b8da816634aa158e-CC-2085 -20150929153104501647 PTO Form 1553 (Rev 9/2005) OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Amendment to Allege Use (15 U.S.C. Section 1051(c)) To the Commissioner for Trademarks: MARK: NAUGLES(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/85040746/large) SERIAL NUMBER: 85040746

The applicant, Ziebarth, Christian M., having an address of 208 19th St., #1 Huntington Beach, California 92648 United States is submitting the following allegation of use information:

For International Class 043: Current identification: Cafeteria and restaurant services

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/20/2012, and first used in commerce at least as early as 03/20/2012, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Advertising and menu showing use of the mark in connection with the offered services.

Original PDF file: SPN0-6823122144-20150929153104501647_._Specimen_of_Use.pdf Converted PDF file(s) (2 pages) Specimen File1 Specimen File2

The applicant is not filing a Request to Divide with this Allegation of Use form.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

Declaration

STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; the mark is in use in commerce; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified; for a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

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 all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

Signature: /Kelly K. Pfeiffer/ Date Signed: 09/29/2015 Signatory's Name: Kelly K. Pfeiffer Signatory's Position: Attorney of record, California bar member Signatory's Phone: 714-288-2826

RAM Sale Number: 85040746 RAM Accounting Date: 09/30/2015

Serial Number: 85040746 Internet Transmission Date: Tue Sep 29 15:39:35 EDT 2015 TEAS Stamp: USPTO/AAU-XX.XXX.XXX.XX-2015092915393596 3645-85040746-540594f6427d43ebf417eb5c91 73f4edfc368c6c6337e87b8da816634aa158e-CC -2085-20150929153104501647

To: Ziebarth, Christian M. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 8/25/2015 8:24:12 PM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 85040746

MARK: NAUGLES *85040746* CORRESPONDENT ADDRESS: Kelly K. Pfeiffer CLICK HERE TO RESPOND TO THIS LETTER: Amezcua-Moll & Associates, P.C. http://www.uspto.gov/trademarks/teas/response_forms.jsp 1122 E. Lincoln Ave., Suite 203 Orange CA 92865 VIEW YOUR APPLICATION FILE

APPLICANT: Ziebarth, Christian M.

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 8/25/2015

THIS IS A FINAL ACTION.

The Office has reassigned this application to the undersigned trademark examining attorney. This second final Office action is issued under TMEP section 716.06. Due to the suspension of the application pending the cancellation proceeding, the applicant did not respond to the final action of January 10, 2011, and is now afforded the opportunity to respond to the remaining unresolved issue.

The refusal of registration based on the likelihood of confusion with Registration No. 1043729 is withdrawn because this registration has been canceled. The following issue is unresolved.

Summary of Issue Applicant Must Address Refusal Based on Trademark Act Section 2(e)(4) – Surname Significance of the Mark

Refusal Based on Trademark Act Section 2(e)(4) – Surname Significance of the Mark Registration is refused because the applied-for mark is primarily merely a surname. Trademark Act Section 2(e)(4), 15 U.S.C. §1052(e)(4); see TMEP §1211. The primary significance of the mark to the purchasing public determines whether a term is primarily merely a surname. In re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831, 832, 184 USPQ 421, 422 (C.C.P.A. 1975); In re Binion, 93 USPQ2d 1531, 1537 (TTAB 2009); see TMEP §§1211, 1211.01.

Please see the attached evidence from the Lexis Research Database establishing the surname significance of the surnames NAUGLES and NAUGLE. This evidence shows a sample of 50 entries for each of the names. NAUGLES appears 113 times and NAUGLE appears 5,189 times as a surname in a nationwide telephone directory of names.

Presentation of a surname in its plural or possessive form does not diminish its surname significance. TMEP §1211.01(b)(v); see, e.g., In re Binion, 93 USPQ2d 1531, 1537 (TTAB 2009) (BINION’S ); In re Woolley’s Petite Suites , 18 USPQ2d 1810, 1812 (TTAB 1991) (WOOLLEY’S); In re Luis Caballero, S.A., 223 USPQ 355, 357 (TTAB 1984) (BURDONS).

For these reasons, the examining attorney finds that because the mark is primarily merely a surname, registration of the applicant's mark is barred under Section 2(e)(4) of the Trademark Act. Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.

Applicant’s Response to Surname Refusal In response to the surname refusal, the applicant may (1) claim acquired distinctiveness of the mark or (2) file an allegation of use of the mark and amend the application to seek registration on the Supplemental Register.

Claim of Acquired Distinctiveness. A mark deemed primarily merely a surname may be registered on the Principal Register under Trademark Act Section 2(f) by satisfying one of the following:

(1) Submit a claim of ownership of one or more active prior registrations on the Principal Register for a mark that is the same as the mark in the application and for the same or related goods and/or services. 37 C.F.R. §2.41(a)(1); TMEP §§1212, 1212.04. The following wording is suggested: “The mark has become distinctive of the goods and/or services as evidenced by the ownership of active U.S. Registration No(s). [indicate] on the Principal Register for the same mark for sufficiently similar goods and/or services.” TMEP §1212.04(e).;

(2) Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The mark has become distinctive of the goods and/or services through the applicant’s substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.” 37 C.F.R. §2.41(a)(2); TMEP §1212.05(d); see 37 C.F.R. §2.193(e)(1).; or

(3) Submit actual evidence of acquired distinctiveness. 37 C.F.R. §2.41(a)(3); TMEP §1212.06. Such evidence may include the following: examples of advertising and promotional materials that specifically promote the applied-for mark as a trademark and/or service mark in the United States; dollar figures for advertising devoted to such promotion; dealer and consumer statements of recognition of the applied-for mark as a trademark and/or service mark; and any other evidence that establishes recognition of the applied-for mark as a source-identifier for the goods and/or services. See In re Ideal Indus., Inc., 508 F.2d 1336, 184 USPQ 487 (C.C.P.A. 1975); In re Instant Transactions Corp. of Am., 201 USPQ 957 (TTAB 1979); TMEP §§1212.06 et seq.

Trademark Act Section 2(f), 15 U.S.C. §1052(f); see 37 C.F.R. §2.41; TMEP §§1211, 1212.

Amendment to the Supplemental Register. If the applicant cannot satisfy one of the above, the applicant can amend the application to seek registration on the Supplemental Register. Trademark Act Section 23, 15 U.S.C. §1091; see 37 C.F.R. §§2.47, 2.75(a).

Although registration on the Supplemental Register does not afford all the benefits of registration on the Principal Register, it does provide the following advantages:

The registrant may use the registration symbol ®; The registration is protected against registration of a confusingly similar mark under Trademark Act Section 2(d); The registrant may bring suit for infringement in federal court; and The registration may serve as the basis for a filing in a foreign country under the Paris Convention and other international agreements.

See 15 U.S.C. §§1052(d), 1091, 1094; TMEP §815.

A mark in an application under Trademark Act Section 1(b) is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use under 37 C.F.R. §2.76 has been filed. 37 C.F.R. §§2.47(d), 2.75(b); TMEP §§815.02, 1102.03.

When a Section 1(b) application is successfully amended to the Supplemental Register, the effective filing date of the application will be the date on which applicant met the minimum filing requirements of 37 C.F.R. §2.76(c) for the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§816.02, 1102.03.

Response Options The applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). The applicant may respond by providing one or both of the following:

(1) A response that fully satisfies all outstanding requirements and/or resolves all outstanding refusals.

(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.

37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.

Information for TEAS Applicants TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee.

/Leigh Caroline Case/ Trademark Examining Attorney Law Office 118 (571) 272-9140 [email protected] (preferred)

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp. Print Request: Selected Items: 1-50

Time of Request: Thursday, August 20, 2015 15:14:13 EST

Number of Lines: 158 Print Number: 2827:526032931

Client ID/Project Name:

Note:

Research Information:

Surname last-name(Naugles) maxresults(500)

Send to: CASE, LEIGH TRADEMARK LAW LIBRARY 600 DULANY ST ALEXANDRIA, VA 22314-5790 Note: Search: Public Records : Surname Terms: last-name(Naugles) maxresults(500)

Total number found: 113 No. Name Address Phone

1. NAUGLES, ALEXANDRA 11041 CRYSTAL SPRINGS 619-244-4538

SANTEE, CA 92071-3110

2. NAUGLES, ALVIN V 1308 BELVIDERE 313-974-7820

DETROIT, MI 48214-3067

3. NAUGLES, ALVIN V 2247 ILLINOIS ST 313-833-4855

DETROIT, MI 48207-1433

4. NAUGLES, ALVIN V 2247 ILLINOIS 313-974-7820

DETROIT, MI 48207-1433

5. NAUGLES, ANNA B 607 CONCEPTS 21 770-593-3803

LITHONIA, GA 30058-3820

6. NAUGLES, ANNA B 2204 TURNBERRY 770-593-3803

LITHONIA, GA 30038-4158

7. NAUGLES, ANTHONY PO BOX 539 631-384-0465

AQUEBOGUE, NY 11931-0539

8. NAUGLES, ANTHONY SELDEN, NY 11784 631-384-0275

9. NAUGLES, AVA 1054 WILLOW BROOK 314-351-4213

SAINT LOUIS, MO 63146-5625

10. NAUGLES, AVA H 1054 WILLOW BROOK 314-496-5265

SAINT LOUIS, MO 63146-5625

11. NAUGLES, AVA M 1054 WILLOW BROOK 314-567-6419

SAINT LOUIS, MO 63146-5625

12. NAUGLES, BARBARA 1650 N MONITOR 773-818-5403

CHICAGO, IL 60639-4039

13. NAUGLES, BESSIE JACKSON, MS 39211 662-567-8558

14. NAUGLES, BESSIE TUPELO, MS 38801 662-231-0434

15. NAUGLES, BESSIE TUPELO, MS 38801 662-401-7553

16. NAUGLES, BETTY 1054 WILLOW BROOK 314-496-5265

SAINT LOUIS, MO 63146-5625

17. NAUGLES, BILLY J 911 N SEDGWICK APT 404 312-642-2176

CHICAGO, IL 60610-3040

18. NAUGLES, CAROLEEN J 1768 CALICO RD 561-649-8863

WEST PALM BEACH, FL 33415-6312

19. NAUGLES, CASSANDRA CHICAGO, IL 60611 312-498-7029

20. NAUGLES, CHRIS J 1768 CALICO RD 561-649-8863

WEST PALM BEACH, FL 33415-6312

21. NAUGLES, CHRIS PALM BEACH, FL 33480 561-329-9971

22. NAUGLES, CHRIS PALM BEACH, FL 33480 561-358-3228

23. NAUGLES, CHRIS WEST PALM BEACH, FL 33401 561-371-0242

24. NAUGLES, CHRIS WEST PALM BEACH, FL 33401 561-685-7228

25. NAUGLES, CONSTANCE F 529 BERKSHIRE 203-264-9450

SOUTHBURY, CT 06488-2045

26. NAUGLES, CYNTHIA 704 W 129TH 312-437-7558

CHICAGO, IL 60628-7422

27. NAUGLES, CYNTHIA BRIDGEVIEW, IL 60455 312-498-7029

28. NAUGLES, CYNTHIA BURR RIDGE, IL 60527 312-952-2554

29. NAUGLES, CYNTHIA CHICAGO, IL 60601 312-420-0750

30. NAUGLES, CYNTHIA LOMBARD, IL 60148 312-388-0364

31. NAUGLES, CYNTHIA MT PROSPECT, IL 60056 312-543-3206

32. NAUGLES, DARREN D 39 PAUL GORE 617-216-9078

JAMAICA PLAIN, MA 02130-1838

33. NAUGLES, DARREN D 2204 TURNBERRY 770-593-3803

LITHONIA, GA 30038-4158

34. NAUGLES, DARREN ATLANTA, GA 30309 404-532-8064

35. NAUGLES, DAVID E 331 COUNTY ROAD 31 662-542-1189

HOUSTON, MS 38851-8202

36. NAUGLES, DEANNA DETROIT, MI 48219 313-854-0067

37. NAUGLES, DEANNA KEEGO HARBOR, MI 48320 248-875-5035

38. NAUGLES, DEBORAH 14931 87TH N 561-572-6820

LOXAHATCHEE, FL 33470-5633

39. NAUGLES, DERRECK J 2204 TURNBERRY 770-593-3803

LITHONIA, GA 30038-4158

40. NAUGLES, F BOILING SPRINGS, PA 17007 717-254-0814

41. NAUGLES, F BOILING SPRINGS, PA 17007 717-254-0914

42. NAUGLES, F BOILING SPRINGS, PA 17007 717-440-0241

43. NAUGLES, F GUILFORD TOWNSHIP, PA 17201 717-552-9189

44. NAUGLES, F NEW FRANKLIN, PA 17201 717-372-4788

45. NAUGLES, FRANKIE 757 W EVERGREEN 312-482-8797

CHICAGO, IL 60610-1094

46. NAUGLES, FRANKIE 757 W EVERGREEN 312-933-6186

CHICAGO, IL 60610-1094

47. NAUGLES, GEORGE VENTURA, CA 93003 805-701-5617

48. NAUGLES, GERALDINE 1100 FOREST CREEK 817-229-7734

BENBROOK, TX 76126-2754

49. NAUGLES, HOWARD CHICAGO, IL 60601 312-618-8726

50. NAUGLES, JAE 6617 S CARPENTER 773-298-6798

CHICAGO, IL 60621-1211

Search: Public Records : Surname Terms: last-name(Naugles) maxresults(500) Date/Time: Thursday, August 20, 2015 3:13 PM Permissible Use: DPPA - Government Agency GLBA - As allowed by the Right to Financial Privacy Act of 1978

Time of Request: Thursday, August 20, 2015 15:15:25 EST

Number of Lines: 160 Print Number: 2826:526033016

Client ID/Project Name:

Note:

Research Information:

Surname last-name(Naugle) maxresults(500)

Send to: CASE, LEIGH TRADEMARK LAW LIBRARY 600 DULANY ST ALEXANDRIA, VA 22314-5790 Note: Search: Public Records : Surname Terms: last-name(Naugle) maxresults(500)

Total number found: 5189 No. Name Address Phone

1. NAUGLE, A W 44 FROTHINGHAM ST 570-655-3602

PITTSTON, PA 18640-3364

2. NAUGLE, A 500 S OLD HIGHWAY 5 LOT 18 417-554-9008

MANSFIELD, MO 65704-8290

3. NAUGLE, A 56301 PINE 260-385-6727

SOUTH BEND, IN 46619-1116

4. NAUGLE, A CEDARBLUFF, MS 39741 662-275-8558

5. NAUGLE, A MOUNTAIN GROVE, MO 65711 417-259-3324

6. NAUGLE, A SEATTLE, WA 98119 206-283-9203

7. NAUGLE, A JR. SOMERSET, PA 15501 814-442-3911

8. NAUGLE, AARON W 514 SE 5TH 239-458-9993

CAPE CORAL, FL 33990-1123

9. NAUGLE, AARON C 20841 QUINCY ST NW 763-441-3148

ELK RIVER, MN 55330-8613

10. NAUGLE, AARON 5337 WARM SPRINGS 682-333-3320

FORT WORTH, TX 76137-3925

11. NAUGLE, ABBEY 4516 FLORENCE 717-645-0426

MECHANICSBURG, PA 17055-4389

12. NAUGLE, ABRAM H 110 PINE ST 570-398-4271

JERSEY SHORE, PA 17740-1622

13. NAUGLE, ADAM 548 E CARDINAL GLEN 812-219-7983

BLOOMINGTON, IN 47401-9492

14. NAUGLE, ADDIE L 902 GREGORY 972-271-1368

GARLAND, TX 75041-5448

15. NAUGLE, ADELE D 1021 E GONDOLA DR 941-496-9459

VENICE, FL 34293-1208

16. NAUGLE, ALAN 230 CIDER PRESS RD 814-487-5206

SALIX, PA 15952-4419

17. NAUGLE, ALAN S 4232 N HAVEN AVE 419-478-1875

TOLEDO, OH 43612-1754

18. NAUGLE, ALANA D 101 S ROGERS 816-804-0009

INDEPENDENCE, MO 64050-4047

19. NAUGLE, ALBERT FRESNO, CA 93721 559-801-3166

20. NAUGLE, ALBERT FRESNO, CA 93721 559-802-8246

21. NAUGLE, ALBERT VISALIA, CA 93291 559-737-1645

22. NAUGLE, ALBERT VISALIA, CA 93291 559-737-8087

23. NAUGLE, ALECIA BELTSVILLE, MD 20705 301-275-7775

24. NAUGLE, ALEX 2496 COUNTY ROUTE 6 315-598-4096

FULTON, NY 13069-4257

25. NAUGLE, ALEX SPRINGFIELD, IL 62707 217-414-3482

26. NAUGLE, ALEX SPRINGFIELD, IL 62707 217-891-4494

27. NAUGLE, ALEXIS L 1127 HERMAN 570-765-1931

SELINSGROVE, PA 17870-8510

28. NAUGLE, ALI 1830 S MILLBEND STE B 713-456-9862

SPRING, TX 77380-1461

29. NAUGLE, ALIA SAN ANTONIO, TX 78258 210-315-8458

30. NAUGLE, ALICE D 321 W 4TH 405-258-1768

CHANDLER, OK 74834-2022

31. NAUGLE, ALICE T 14544 RICHVALE RD 814-259-3530

SHADE GAP, PA 17255-8932

32. NAUGLE, ALICIA D 15373 US ROUTE 127 419-581-5336

CECIL, OH 45821-9721

33. NAUGLE, ALLEN 20615 CNTY RD 8 719-962-3222

WILD HORSE, CO 80862

34. NAUGLE, ALLEN R 13565 GREENE NE 812-596-1156

PALMYRA, IN 47164-8851

35. NAUGLE, ALLEN J 13385 LAKE TURNBERRY 407-575-8316

ORLANDO, FL 32828-8525

36. NAUGLE, ALLEN D 210 M 717-359-8645

LITTLESTOWN, PA 17340-1510

37. NAUGLE, ALLEN L 2227 POST OFFICE STE 7 409-621-1800

GALVESTON, TX 77550-2076

38. NAUGLE, ALLEN L 2093 E VENTURE 208-772-9017

HARRISON, ID 83833-7824

39. NAUGLE, ALLEN L GALVESTON, TX 77554 409-996-6647

40. NAUGLE, ALLEN J ORLANDO, FL 32810 407-690-6984

41. NAUGLE, ALLISON M 1 COURT 610-781-1340

RUTLAND, VT 05701-4033

42. NAUGLE, ALLISON 16 SELTZER 419-342-6055

SHELBY, OH 44875-1416

43. NAUGLE, ALLISON 3014 W WILLIAM CANNON APT 1418 512-757-3811

AUSTIN, TX 78745-5155

44. NAUGLE, ALYSSA 11326 OLD ROUTE 16 717-404-2204

WAYNESBORO, PA 17268-9438

45. NAUGLE, ALYSSA J 311 SWEET VALLEY RD 570-256-3369

HUNLOCK CREEK, PA 18621-3042

46. NAUGLE, AMANDA 2119 FINLEY CHAPEL 740-418-9271

WELLSTON, OH 45692-9775

47. NAUGLE, AMANDA 8005 LEBARON AVE 251-866-9446

CITRONELLE, AL 36522-2138

48. NAUGLE, AMANDA M 207 OAK LN 610-944-4486

FLEETWOOD, PA 19522-8943

49. NAUGLE, AMANDA 7195 PENNINGTON R2 517-423-5922

CLINTON, MI 49236-9536

50. NAUGLE, AMANDA 233 QUINCY 215-945-6060

LEVITTOWN, PA 19057-2029

Search: Public Records : Surname Terms: last-name(Naugle) maxresults(500) Date/Time: Thursday, August 20, 2015 3:14 PM Permissible Use: DPPA - Government Agency GLBA - As allowed by the Right to Financial Privacy Act of 1978

To: Ziebarth, Christian M. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 8/25/2015 8:24:13 PM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED ON 8/25/2015 FOR U.S. APPLICATION SERIAL NO. 85040746

Please follow the instructions below:

(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on “Documents.”

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period. Your response deadline will be calculated from 8/25/2015 (or sooner if specified in the Office action). For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.

WARNING

To: Ziebarth, Christian M. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - CZIEB.000GEN Sent: 6/3/2011 4:47:53 PM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

APPLICATION SERIAL NO. 85040746

MARK: NAUGLES *85040746* CORRESPONDENT ADDRESS: Gregory B. Phillips Knobbe, Martens, Olson & Bear, LLP 14th Floor GENERAL TRADEMARK INFORMATION: 2040 Main Street http://www.uspto.gov/main/trademarks.htm Irvine CA 92614

APPLICANT: Ziebarth, Christian M.

CORRESPONDENT’S REFERENCE/DOCKET NO : CZIEB.000GEN CORRESPONDENT E-MAIL ADDRESS: [email protected]

SUSPENSION NOTICE: NO RESPONSE NEEDED

ISSUE/MAILING DATE: 6/3/2011

The trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.

No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.uspto.gov/rsi/rsi.

Action on this application is suspended pending the disposition of:

- Cancellation No(s). 92053501

The proceeding(s) above pertains to one or more of the following: (1) a registration cited as a bar to applicant's registration under Section 2(d) of the Trademark Act, (2) a pending application(s) that could present a future bar to registration under Section 2(d) if it matured into a registration, and/or (3) the registrability of applicant's mark. 15 U.S.C. §1052. Therefore, action is suspended pending the final disposition of this proceeding(s). See 37 C.F.R. §2.83; TMEP §§716.02(a), (c) and (d), 1208 et seq. Any refusal(s) made under Section 2 is herein maintained.

The following refusal(s)/requirement(s) is/are continued and maintained:

Refusal Under Section 2(e)(4) – Mark is Primarily Merely a Surname

/Kate DuBray/ Trademark Examining Attorney, Law Office 105 Tel: 571-272-4815 Email: [email protected]

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.

TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: Applicants who filed their application online using the reduced-fee TEAS Plus application must continue to submit certain documents online using TEAS, including responses to Office actions. See 37 C.F.R. §2.23(a)(1). For a complete list of these documents, see TMEP §819.02(b). In addition, such applicants must accept correspondence from the Office via e-mail throughout the examination process and must maintain a valid e-mail address. 37 C.F.R. §2.23(a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these requirements must submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. In appropriate situations and where all issues can be resolved by amendment, responding by telephone to authorize an examiner’s amendment will not incur this additional fee.

To: Ziebarth, Christian M. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - CZIEB.000GEN Sent: 6/3/2011 4:47:56 PM Sent As: [email protected] Attachments:

IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION

USPTO LETTER (AN OFFICE ACTION) HAS ISSUED ON 6/3/2011 FOR SERIAL NO. 85040746

Please follow the instructions below:

TO READ OFFICE LETTER: Click on this link or go to http://portal.uspto.gov/external/portal/tow and enter the application serial number to access the Office letter

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

HELP: For technical assistance in accessing the Office correspondence, please e-mail [email protected]. Please contact the assigned examining attorney with questions about the Office letter.

NOTE TO THE FILE

SERIAL NUMBER: 85040746

DATE: 06/03/2011

NAME: kdubray

NOTE:

Searched: Discussed ID with: Google Senior Atty Lexis/Nexis Managing Atty OneLook Wikipedia Acronym Finder Protest evidence reviewed Other:

Checked: Discussed Geo. Sig. with: Geographic significance Senior Atty Surname Managing Atty Translation ID with ID/CLASS mailbox

Discussed file with Attorney/Applicant via: X phone Left message with email Attorney/Applicant

Requested Law Library search Issued Examiner’s Amendment for: and entered changes in TRADEUPS

PRINT DO NOT PRINT Added design code in TRADEUPS Description of the mark Translation statement Re-imaged standard character drawing Negative translation statement Consent of living individual Contacted TM MADRID ID/CLASS about misclassified definite ID Changed TRADEUPS to:

OTHER: NOTE TO THE FILE

SERIAL NUMBER: 85040746

DATE: 01/12/2011

NAME: kdubray

NOTE:

Searched: Discussed ID with: Google Senior Atty Lexis/Nexis Managing Atty OneLook Wikipedia Acronym Finder Protest evidence reviewed Other:

Checked: Discussed Geo. Sig. with: Geographic significance Senior Atty Surname Managing Atty Translation ID with ID/CLASS mailbox

Discussed file with Attorney/Applicant via: phone Left message with X email Attorney/Applicant

Requested Law Library search Issued Examiner’s Amendment for: and entered changes in TRADEUPS

OTHER: To: Ziebarth, Christian M. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - CZIEB.000GEN Sent: 1/10/2011 6:17:05 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

APPLICATION SERIAL NO. 85040746

MARK: NAUGLES *85040746* CORRESPONDENT ADDRESS: Gregory B. Phillips CLICK HERE TO RESPOND TO THIS LETTER: Knobbe, Martens, Olson & Bear, LLP http://www.uspto.gov/teas/eTEASpageD.htm 14th Floor 2040 Main Street Irvine CA 92614 APPLICANT: Ziebarth, Christian M.

CORRESPONDENT’S REFERENCE/DOCKET NO : CZIEB.000GEN CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 1/10/2011

THIS IS A FINAL ACTION.

This Office action is in response to applicant’s communication filed on December 20, 2010. Applicant has clarified its entity for the record. TMEP §§713.02, 714.04. The communication did not address the remaining refusals therefore the examining attorney is issuing this final action. TMEP §718.03.

The following refusals are made FINAL: likelihood of confusion refusal under Trademark Act Section 2(d) with respect to U.S. Registration No. 1043729; and (2) surname refusal under Trademark Act Section 2(e)(4). See 15 U.S.C. §§1052(d), (e)(4); TMEP §§1207.01, 1211; 37 C.F.R. §2.64(a).

SUMMARY OF ISSUES that applicant must address:

Likelihood of Confusion Refusal Surname Refusal

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Applicant is seeking registration of the mark NAUGLES in connection with cafeteria and restaurant services. The cited registration, Reg. No. 1043729, is for the identical mark NAUGLES and covers restaurant services. Registration has been refused under Trademark Act Section 2(d) on the grounds that the marks are likely to be confused.

Comparison of the Marks In a likelihood of confusion determination, the marks are compared for similarities in their appearance, sound, meaning or connotation and commercial impression. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b). Similarity in any one of these elements may be sufficient to find a likelihood of confusion. In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re Lamson Oil Co., 6 USPQ2d 1041, 1043 (TTAB 1987); see TMEP §1207.01(b).

In the present case, applicant’s mark is NAUGLES and the registrant’s mark is NAUGLES. The marks are identical in appearance, sound, meaning and commercial impression.

Applicant has not made any attempt to distinguish the marks. In fact, because the marks consist of the same word spelled in the same way, they are not distinguishable.

Comparison of the Services Where the marks of the respective parties are identical or virtually identical, there need be only a viable relationship between the relevant goods and/or services to support a finding of likelihood of confusion. See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202 (TTAB 2009); In re Thor Tech, Inc., 90 USPQ2d 1634, 1636 (TTAB 2009); In re Wilson, 57 USPQ2d 1863, 1867 (TTAB 2001); see also In re Shell Oil Co., 992 F.2d 1204, 1207, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993).

In the present circumstances, the services are also identical. The application covers cafeteria and restaurant services. A cafeteria is a type of restaurant. Please see attached definition. The registration covers restaurant services. Because the services and the marks are identical, consumers are likely to believe that applicant’s and registrant’s services are being provided by the same entity.

The Trademark Act not only guards against the misimpression that the senior user is the source of the junior user’s goods and/or services, but it also protects against “reverse confusion,” that is, the junior user is the source of the senior user’s goods and/or services. In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993); Fisons Horticulture, Inc. v. Vigoro Indust., Inc., 30 F.3d 466, 474-75, 31 USPQ2d 1592, 1597-98 (3d Cir. 1994); Banff, Ltd. v. Federated Dep’t Stores , Inc., 841 F.2d 486, 490-91, 6 USPQ2d 1187, 1190-91 (2d Cir. 1988).

The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer. See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993). Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant. TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1025 (Fed. Cir. 1988).

Because the marks and the services are identical, consumer confusion is likely and registration is refused under Section 2(d) of the Trademark Act.

If the mark in the cited registration has been assigned to applicant, applicant can provide evidence of ownership of the mark by satisfying one of the following:

(1) Record the assignment with the Office’s Assignment Services Branch (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been duly recorded;

(2) Submit copies of documents evidencing the chain of title; or

(3) Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “Applicant is the owner of U.S. Registration No. 1043729.”

TMEP §812.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.25, 3.73; TMEP §502.02(a).

Merely recording a document with the Assignment Services Branch does not constitute a response to an Office action. TMEP §503.01(d).

Applicant should note the following additional ground for refusal.

SECTION 2(e)(4) REFUSAL – PRIMARILY MERELY A SURNAME

Registration is also refused because the applied-for mark is primarily merely a surname. Trademark Act Section 2(e)(4), 15 U.S.C. §1052(e)(4); see TMEP §1211. The primary significance of the mark to the purchasing public determines whether a term is primarily merely a surname. In re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831, 832, 184 USPQ 421, 422 (C.C.P.A. 1975); In re Binion, 93 USPQ2d 1531, 1537 (TTAB 2009); see TMEP §§1211, 1211.01.

Evidence of the surname significance of the term NAUGLES was included with the original Office Action. Additional evidence consisting of a representative sample of excerpts from a database of news articles showing that the surname NAUGLES appears to be used throughout the United States is also attached, along with printouts from an online directory of names showing that the name appears 62 times in a nationwide directory of names.

There is no rule as to the kind or amount of evidence necessary to make out a prima facie showing that a term is primarily merely a surname. This question must be resolved on a case-by-case basis. TMEP §1211.02(a); see, e.g., In re Monotype Corp. PLC, 14 USPQ2d 1070 (TTAB 1989); In re Pohang Iron & Steel Co., 230 USPQ 79 (TTAB 1986). The entire record is examined to determine the surname significance of a term. The following are examples of evidence that is generally considered to be relevant: telephone directory listings, excerpted articles from computerized research databases, evidence in the record that the term is a surname, the manner of use on specimens, dictionary definitions of the term and evidence from dictionaries showing no definition of the term. TMEP §1211.02(a).

Because the term NAUGLES appears to be primarily merely a surname, registration on the Principal Register is refused under Section 2(e)(4) of the Trademark Act.

Although an amendment to the Supplemental Register would normally be an appropriate response to this refusal, such a response is not appropriate in the present case. The instant application was filed under Trademark Act Section 1(b) and is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use meeting the requirements of 37 C.F.R. §2.76(b), (c) has been timely filed. 37 C.F.R. §2.47(d); TMEP §§816.02, 1102.03.

If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the effective filing date of the application will be the date on which applicant met the minimum filing requirements of 37 C.F.R. §2.76(e) for the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§816.02, 1102.03. In addition, the undersigned trademark examining attorney will conduct a new search of the Office records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.

To amend the application filing basis from an intent-to-use application under Trademark Act Section 1(b) to a use in commerce basis under Section 1(a), applicant must file, prior to approval of the mark for publication, an amendment to allege use that satisfies the requirements of 37 C.F.R. §2.76. See 15 U.S.C. §1051(c); 37 C.F.R. §2.35(b)(8); TMEP §§806.01(b), 1103.

The following must be submitted in an amendment to allege use in order to amend an application to use in commerce under Section 1(a):

(1) The following statement: “ Applicant is believed to be the owner of the mark and that the mark is in use in commerce;”

(2) The date of first use of the mark anywhere on or in connection with the goods and/or services;

(3) The date of first use of the mark in commerce as a trademark or service mark;

(4) A specimen showing actual use of the mark in commerce for each class of goods and/or services for which use is being asserted. If a single specimen supports multiple classes, applicant should indicate which classes the specimen supports rather than providing multiple copies of the same specimen;

(5) A filing fee of $100 per class for each international class of goods and/or services for which use is being asserted (current fee information should be confirmed at http://www.uspto.gov/); and

(6) Verification of the above (1) through (3) requirements in an affidavit or signed declaration under 37 C.F.R. §2.20.

See 37 C.F.R. §§2.6(a)(2), 2.56, 2.76(b), 2.193(e)(1); TMEP §§1104.08, 1104.09(e).

Amendments to allege use can be filed online at http://www.uspto.gov/teas/index.html. Filing an amendment to allege use does not extend the deadline for filing a response to an outstanding Office action. TMEP §1104.

Please note, an amendment to the Supplemental Register will not overcome the refusal under Section 2(d).

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

RESPONSE GUIDELINES FOR FINAL ACTIONS

If applicant does not respond within six months of the date of issuance of this final Office action, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final Office action by:

(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

If applicant has questions about the application or this Office action, please telephone the assigned trademark examining attorney at the telephone number below.

/Kate DuBray/ Trademark Examining Attorney, Law Office 105 Tel: 571-272-4815 Email: [email protected]

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.uspto.gov/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail [email protected].

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.

To: Ziebarth, Christian M. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - CZIEB.000GEN Sent: 1/10/2011 6:17:07 PM Sent As: [email protected] Attachments:

IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION HAS ISSUED ON 1/10/2011 FOR SERIAL NO. 85040746

Please follow the instructions below to continue the prosecution of your application:

TO READ OFFICE ACTION: Click on this link or go to http://portal.uspto.gov/external/portal/tow and enter the application serial number to access the Office action.

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this e-mail notification.

RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period. Your response deadline will be calculated from 1/10/2011 (or sooner if specified in the office action).

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System Response Form.

HELP: For technical assistance in accessing the Office action, please e-mail [email protected]. Please contact the assigned examining attorney with questions about the Office action.

WARNING

Failure to file the required response by the applicable deadline will result in the ABANDONMENT of your application.

To: Ziebarth, Christian M. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 9/3/2010 8:50:48 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

APPLICATION SERIAL NO. 85040746

MARK: NAUGLES *85040746* CORRESPONDENT ADDRESS: ZIEBARTH, CHRISTIAN M. CLICK HERE TO RESPOND TO THIS LETTER: ZIEBARTH, CHRISTIAN M. http://www.uspto.gov/teas/eTEASpageD.htm 183 ALICANTE AISLE IRVINE, CA 92614-8552

APPLICANT: Ziebarth, Christian M.

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 9/3/2010

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

SUMMARY OF ISSUES that applicant must address:

Likelihood of Confusion Refusal Surname Refusal Clarification of Applicant’s Entity Required

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 1043729. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the enclosed registration.

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused or mistaken or deceived as to the source of the goods and/or services of the applicant and registrant. See 15 U.S.C. §1052(d). The court in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) listed the principal factors to be considered when determining whether there is a likelihood of confusion under Section 2(d). See TMEP §1207.01. However, not all of the factors are necessarily relevant or of equal weight, and any one factor may be dominant in a given case, depending upon the evidence of record. In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont, 476 F.2d at 1361-62, 177 USPQ at 567.

In this case, the following factors are the most relevant: similarity of the marks, similarity of the goods and/or services, and similarity of trade channels of the goods and/or services. See In re Opus One, Inc., 60 USPQ2d 1812 (TTAB 2001); In re Dakin’s Miniatures Inc. , 59 USPQ2d 1593 (TTAB 1999); In re Azteca Rest. Enters., Inc., 50 USPQ2d 1209 (TTAB 1999); TMEP §§1207.01 et seq.

The Marks are the Same In a likelihood of confusion determination, the marks are compared for similarities in their appearance, sound, meaning or connotation and commercial impression. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b). Similarity in any one of these elements may be sufficient to find a likelihood of confusion. In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re Lamson Oil Co., 6 USPQ2d 1041, 1043 (TTAB 1987); see TMEP §1207.01(b).

Applicant is seeking registration of the mark NAUGLES. The cited registration is for the identical mark NAUGLES. Because the marks are identical, they share the same appearance, pronunciation, meaning and commercial impression. Consequently, consumer confusion is likely.

The Services are the Same The application covers the cafeteria and restaurant services. The cited registration covers restaurant services. Additionally, a cafeteria is a type of restaurant. Because the services are identical it is presumed that they are provided to the same consumers in the same channels of trade. Thus, the marks will be encountered by these same consumers and, because the marks are the same, they are likely to think that the services are being provided by a single entity.

Because the marks and the services are identical, consumer confusion is likely and registration is refused under Section 2(d) of the Trademark Act.

Applicant should note the following additional ground for refusal.

SECTION 2(e)(4) REFUSAL – PRIMARILY MERELY A SURNAME

Registration is refused because the applied-for mark is primarily merely a surname. Trademark Act Section 2(e)(4), 15 U.S.C. §1052(e)(4); see TMEP §1211. The primary significance of the mark to the purchasing public determines whether a term is primarily merely a surname. In re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831, 832, 184 USPQ 421, 422 (C.C.P.A. 1975); In re Binion, 93 USPQ2d 1531, 1537 (TTAB 2009); see TMEP §§1211, 1211.01.

Please see the attached evidence from the Lexis-Nexis database, establishing the surname significance of the surname NAUGLES. This evidence shows the applied-for mark appearing thirty times as a surname in a nationwide telephone directory of names.

Although “NAUGLES” appears to be a relatively rare surname, a rare surname may be unregistrable under Trademark Act Section 2(e)(4) if its primary significance to purchasers is that of a surname. E.g., In re Etablissements Darty et Fils, 759 F.2d 15, 225 USPQ 652 (Fed. Cir. 1985); In re Giger, 78 USPQ2d 1405 (TTAB 2006); see TMEP §1211.01(a)(v). There is no minimum number of telephone directory listings needed to prove that a mark is primarily merely a surname. See TMEP §1211.02(b)(i); see, e.g., In re Petrin Corp., 231 USPQ 902 (TTAB 1986).

Because the proposed mark NAUGLES is a surname that appears to have no meaning other than as a surname, registration on the Principal Register must be refused under Section 2(e)(4) of the Trademark Act.

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

Applicant must respond to the requirement(s) set forth below.

ISSUE REGARDING APPLICANT’S ENTITY TYPE

Applicant is identified in the application as a sole proprietorship named “Ziebarth, Christian M.”, organized in California. In addition to the applicant name and U.S. state or country of organization provided, however, applicant must also specify the name and national citizenship of the individual person who is the sole proprietor. TMEP §803.03(a).

The following format for identifying a sole proprietorship should be used: “Ziebarth, Christian M., a California sole proprietorship, composed of Christian M. Ziebarth, a citizen of [please identify country of citizenship of sole proprietor, e.g., USA].” TMEP §803.03(a). The name of the sole proprietorship and the name of the individual can be the same.

If, rather than a sole proprietorship, applicant is instead an individual person, then the following format should be used: “Ziebarth, Christian M., a citizen of [please provide country of citizenship].” TMEP §§803.02(a), 803.04.

RESPONSE GUIDELINES FOR TEAS PLUS APPLICANTS

For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements and request that the Office enter them into the application record.

In addition, applicant filed a TEAS Plus application and therefore must respond online using the Trademark Electronic Application System (TEAS) at http://www.uspto.gov/teas/index.htm to avoid incurring an additional fee. See 37 C.F.R. §2.23(a)(1), (b).

Applicant’s response must be properly signed by (1) the individual applicant (for joint individual applicants, both must sign) or (2) someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). See 37 C.F.R. §§2.62(b), 2.193(a), (e)(2)(ii); TMEP §§611.03(b), 611.06 et seq., 712.01. If applicant retains an attorney, the attorney must sign the response. 37 C.F.R. §2.193(e)(2)(i); TMEP §§611.03(b), 712.01. The individual(s) signing must personally sign or personally enter his/her electronic signature. See 37 C.F.R. §2.193(a), (e)(2)(ii); TMEP §§611.01(b), 611.02.

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. In such case, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to live status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).

If applicant has questions about the application or this Office action, please telephone the assigned trademark examining attorney at the telephone number below.

/Kate DuBray/ Trademark Examining Attorney, Law Office 105 Tel: 571-272-4815 Email: [email protected]

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.

To: Ziebarth, Christian M. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85040746 - NAUGLES - N/A Sent: 9/3/2010 8:50:53 PM Sent As: [email protected] Attachments:

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION Your trademark application (Serial No. 85040746) has been reviewed. The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office Action”) on 9/3/2010 to which you must respond. Please follow these steps:

1. Read the Office letter by clicking on this link OR go to http://tmportal.uspto.gov/external/portal/tow and enter your serial number to access the Office letter.

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

2. Respond within 6 months, calculated from 9/3/2010 (or sooner if specified in the Office letter), using the Trademark Electronic Application System Response to Office Action form. If you have difficulty using the USPTO website, contact [email protected].

3. Contact the examining attorney who reviewed your application with any questions about the content of the office letter:

/Kate DuBray/ Trademark Examining Attorney, Law Office 105 Tel: 571-272-4815 Email: [email protected] WARNING Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application. Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses. Instead, please use the Trademark Electronic Application System Response to Office Action form.

NOTE TO THE FILE

SERIAL NUMBER: 85040746

DATE: 09/03/2010

NAME: kdubray

NOTE:

Searched: Discussed ID with: Google Senior Atty Lexis/Nexis Managing Atty OneLook Wikipedia Acronym Finder Protest evidence reviewed Other:

Checked: Discussed Geo. Sig. with: Geographic significance Senior Atty Surname Managing Atty Translation ID with ID/CLASS mailbox

Discussed file with Attorney/Applicant via: phone Left message with email Attorney/Applicant

X Requested Law Library search Issued Examiner’s Amendment for: surname and translation and entered changes in TRADEUPS

OTHER: NOTE TO THE FILE

SERIAL NUMBER: 85040746

DATE: 09/02/2010

NAME: kdubray

NOTE:

Searched: Discussed ID with: X Google Senior Atty X Lexis/Nexis Managing Atty X OneLook X Wikipedia Acronym Finder Protest evidence reviewed X Other: www.credoreference.com,

Checked: Discussed Geo. Sig. with: X Geographic significance Senior Atty X Surname Managing Atty X Translation ID with ID/CLASS mailbox

Discussed file with Attorney/Applicant via: phone Left message with email Attorney/Applicant

Requested Law Library search Issued Examiner’s Amendment for: and entered changes in TRADEUPS

OTHER: PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011) Trademark/Service Mark Application, Principal Register TEAS Plus Application

Serial Number: 85040746 Filing Date: 05/17/2010

NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application.

The table below presents the data as entered.

Input Field Entered TEAS Plus YES MARK INFORMATION

*MARK NAUGLES

*STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES LITERAL ELEMENT NAUGLES The mark consists of standard characters, without claim to any *MARK STATEMENT particular font, style, size, or color. REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK Ziebarth, Christian M. *STREET 183 Alicante Aisle *CITY Irvine

*STATE (Required for U.S. applicants) California

*COUNTRY United States

*ZIP/POSTAL CODE (Required for U.S. applicants only) 92614

PHONE (949) 387-1457 EMAIL ADDRESS [email protected] AUTHORIZED TO COMMUNICATE VIA EMAIL Yes LEGAL ENTITY INFORMATION *TYPE SOLE PROPRIETORSHIP * STATE/COUNTRY WHERE LEGALLY ORGANIZED California GOODS AND/OR SERVICES AND BASIS INFORMATION *INTERNATIONAL CLASS 043 IDENTIFICATION Cafeteria and restaurant services

*FILING BASIS *FILING BASIS SECTION 1(b) ADDITIONAL STATEMENTS INFORMATION

*TRANSLATION (if applicable)

*TRANSLITERATION (if applicable)

*CLAIMED PRIOR REGISTRATION (if applicable)

*CONSENT (NAME/LIKENESS) (if applicable)

*CONCURRENT USE CLAIM (if applicable) CORRESPONDENCE INFORMATION *NAME Ziebarth, Christian M. FIRM NAME Ziebarth, Christian M. *STREET 183 Alicante Aisle *CITY Irvine

*STATE (Required for U.S. applicants) California

*COUNTRY United States *ZIP/POSTAL CODE 92614 PHONE (949) 387-1457 *EMAIL ADDRESS [email protected] *AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORMATION NUMBER OF CLASSES 1 FEE PER CLASS 275 *TOTAL FEE PAID 275 SIGNATURE INFORMATION * SIGNATURE /christian m. ziebarth/ * SIGNATORY'S NAME Christian M. Ziebarth * SIGNATORY'S POSITION Owner * DATE SIGNED 05/17/2010 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 85040746 Filing Date: 05/17/2010 To the Commissioner for Trademarks:

MARK: NAUGLES (Standard Characters, see mark) The literal element of the mark consists of NAUGLES. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Ziebarth, Christian M., a sole proprietorship legally organized under the laws of California, having an address of 183 Alicante Aisle Irvine, California 92614 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table. International Class 043: Cafeteria and restaurant services Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

The applicant's current Correspondence Information: Ziebarth, Christian M. Ziebarth, Christian M. 183 Alicante Aisle Irvine, California 92614 (949) 387-1457(phone) [email protected] (authorized)

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Signature: /christian m. ziebarth/ Date Signed: 05/17/2010 Signatory's Name: Christian M. Ziebarth Signatory's Position: Owner

RAM Sale Number: 5829 RAM Accounting Date: 05/18/2010

Serial Number: 85040746 Internet Transmission Date: Mon May 17 18:37:59 EDT 2010 TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-201005171837594 45437-85040746-460b3e1fe8a21aa3caa7b7d84 912f8675e0-CC-5829-20100517174917533084

EXHIBIT 11 From: [email protected] Sent: Wednesday, August 8, 2018 11:00 PM To: [email protected] Cc: [email protected] Subject: Official USPTO Notice of Acceptance Section 8: U.S. Trademark RN 4261951: NAUGLES: Docket/Reference No. 36804-1

U.S. Serial Number: 85281037 U.S. Registration Number: 4261951 U.S. Registration Date: Dec 18, 2012 Mark: NAUGLES Owner: Del Taco LLC

Aug 8, 2018

NOTICE OF ACCEPTANCE UNDER SECTION 8

The declaration of use or excusable nonuse filed for the above-identified registration meets the requirements of Section 8 of the Trademark Act, 15 U.S.C. §1058. The Section 8 declaration is accepted.

The registration will remain in force for the class(es) listed below, unless canceled by an order of the Commissioner for Trademarks or a Federal Court, as long as the requirements for maintaining the registration are fulfilled as they become due.

Class(es): 025

TRADEMARK SPECIALIST POST-REGISTRATION DIVISION 571-272-9500

REQUIREMENTS FOR MAINTAINING REGISTRATION

WARNING: Your registration will be canceled if you do not file the documents below during the specified statutory time periods.

Requirements in the First Ten Years

What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between the 9th and 10th years after the registration date. See 15 U.S.C. §§1058, 1059.

Requirements in Successive Ten-Year Periods

What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the registration date. See 15 U.S.C. §§1058, 1059.

Grace Period Filings

The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

***THE USPTO IS NOT REQUIRED TO SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS. THE OWNER SHOULD CONTACT THE USPTO ONE YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***

To check the status of this registration, go to https://tsdr.uspto.gov/#caseNumber=85281037&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch or contact the Trademark Assistance Center at 1-800-786-9199.

To view this notice and other documents for this registration on-line, go to https://tsdr.uspto.gov/#caseNumber=85281037&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

* For further information, including information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at https://www.uspto.gov/trademark/ or contact the Trademark Assistance Center at 1-800-786-9199. 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 1563 (Rev 05/2006) OMB No. 0651-0055 (Exp 07/31/2018) Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

The table below presents the data as entered.

Input Field Entered REGISTRATION NUMBER 4261951 REGISTRATION DATE 12/18/2012 SERIAL NUMBER 85281037 MARK SECTION NAUGLES (see, https://tmng- MARK al.uspto.gov/resting2/api/img/85281037/large) ATTORNEY SECTION (current) NAME April L. Besl FIRM NAME DINSMORE & SHOHL LLP STREET 255 E 5TH ST STE 1900 CITY CINCINATTI STATE Ohio POSTAL CODE 45202 COUNTRY United States PHONE 513-977-8200 FAX 513-977-8141 EMAIL [email protected] AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes ATTORNEY SECTION (proposed) NAME April L. Besl FIRM NAME DINSMORE & SHOHL LLP STREET 255 E 5TH ST STE 1900 CITY CINCINATTI STATE Ohio POSTAL CODE 45202 COUNTRY United States PHONE 513-977-8200 FAX 513-977-8141 EMAIL [email protected] AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes DOCKET/REFERENCE NUMBER 36804-1 Michael J. Wheeler, Karen K. Gaunt, Joshua A. Lorentz, Govinda M. Davis, OTHER APPOINTED ATTORNEY Leanthony D. Edwards, Ashley J. Earle CORRESPONDENCE SECTION (current) NAME APRIL L BESL FIRM NAME DINSMORE & SHOHL LLP STREET 255 E 5TH ST STE 1900 CITY CINCINATTI STATE Ohio POSTAL CODE 45202 COUNTRY United States PHONE 513-977-8200 FAX 513-977-8141 EMAIL [email protected] AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes CORRESPONDENCE SECTION (proposed) NAME April L. Besl FIRM NAME DINSMORE & SHOHL LLP STREET 255 E 5TH ST STE 1900 CITY CINCINATTI STATE Ohio POSTAL CODE 45202 COUNTRY United States PHONE 513-977-8200 FAX 513-977-8141 EMAIL [email protected]; [email protected] AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes DOCKET/REFERENCE NUMBER 36804-1 GOODS AND/OR SERVICES SECTION INTERNATIONAL CLASS 025 GOODS OR SERVICES Clothing, namely, shirts, t-shirts, and hats \\TICRS\EXPORT17\IMAGEOUT 17\852\810\85281037\xml2\ SPECIMEN FILE NAME(S) S080002.JPG

\\TICRS\EXPORT17\IMAGEOUT 17\852\810\85281037\xml2\

S080003.JPG

screenshots from the web store of Registrant, which prominently bear and SPECIMEN DESCRIPTION features purchasing functionality (e.g. price, Add to Cart button) OWNER SECTION (current) NAME Del Taco LLC STREET 25521 Commercentre Drive CITY Lake Forest STATE California ZIP/POSTAL CODE 92630 COUNTRY United States LEGAL ENTITY SECTION (current) TYPE limited liability company STATE/COUNTRY WHERE LEGALLY ORGANIZED California PAYMENT SECTION NUMBER OF CLASSES 1 NUMBER OF CLASSES PAID 1 FILING § 8 AFFIDAVIT PER CLASS 125 TOTAL FEE PAID 125 SIGNATURE SECTION SIGNATURE /Jack Tang/ SIGNATORY'S NAME Jack T. Tang SIGNATORY'S POSITION General Counsel DATE SIGNED 07/30/2018 SIGNATORY'S PHONE NUMBER 513-977-8527 PAYMENT METHOD CC FILING INFORMATION SUBMIT DATE Mon Aug 06 11:39:07 EDT 2018 USPTO/SECT08-XX.XXX.XX.XX -20180806113907224176-426 1951-610e51974e4b164a8b9f TEAS STAMP 8cec16938ed94825a6e801a6b 8fa595f22b98765ed183-CC-9 817-20180727141544119682 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 1563 (Rev 05/2006) OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8 To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4261951 REGISTRATION DATE: 12/18/2012

MARK: NAUGLES

The owner, Del Taco LLC, a limited liability company legally organized under the laws of California, having an address of 25521 Commercentre Drive Lake Forest, California 92630 United States is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 025, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Clothing, namely, shirts, t-shirts, and hats ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) screenshots from the web store of Registrant, which prominently bear and features purchasing functionality (e.g. price, Add to Cart button). Specimen File1 Specimen File2 The registrant's current Attorney Information: April L. Besl of DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINATTI, Ohio 45202 United States The phone number is 513-977-8200. The fax number is 513-977-8141. The email address is [email protected]. (authorized)

The registrant's proposed Attorney Information: April L. Besl of DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINATTI, Ohio 45202 United States The docket/reference number is 36804-1. The Other Appointed Attorney(s): Michael J. Wheeler, Karen K. Gaunt, Joshua A. Lorentz, Govinda M. Davis, Leanthony D. Edwards, Ashley J. Earle.

The phone number is 513-977-8200. The fax number is 513-977-8141. The email address is [email protected]. (authorized) The registrant's current Correspondence Information: APRIL L BESL of DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINATTI, Ohio 45202 United States The phone number is 513-977-8200. The fax number is 513-977-8141. The email address is [email protected]. (authorized)

The registrant's proposed Correspondence Information: April L. Besl of DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINATTI, Ohio 45202 United States The docket/reference number is 36804-1.

The phone number is 513-977-8200. The fax number is 513-977-8141. The email address is [email protected]; [email protected]. (authorized)

A fee payment in the amount of $125 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s). Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization. To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support. 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 this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Jack Tang/ Date: 07/30/2018 Signatory's Name: Jack T. Tang Signatory's Position: General Counsel Signatory's Phone: 513-977-8527

Mailing Address (current): DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINATTI, Ohio 45202

Mailing Address (proposed): DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINATTI, Ohio 45202

Serial Number: 85281037 Internet Transmission Date: Mon Aug 06 11:39:07 EDT 2018 TEAS Stamp: USPTO/SECT08-XX.XXX.XX.XX-20180806113907 224176-4261951-610e51974e4b164a8b9f8cec1 6938ed94825a6e801a6b8fa595f22b98765ed183 -CC-9817-20180727141544119682

PTO Form 1597 (Rev 11/2007) OMB No. 0651-0055 (Exp. 07/31/2018) Section 7 Request Form

The table below presents the data as entered.

Input Field Entered REGISTRATION NUMBER 4261951 LAW OFFICE ASSIGNED LAW OFFICE 117 SERIAL NUMBER 85281037 MARK SECTION MARK http://tmng-al.uspto.gov/resting2/api/img/85281037/large LITERAL ELEMENT NAUGLES 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. OWNER SECTION (current) NAME Del Taco LLC STREET 25521 Commercentre Drive CITY Lake Forest STATE California ZIP/POSTAL CODE 92630 COUNTRY United States LEGAL ENTITY SECTION (current) TYPE limited liability company STATE/COUNTRY WHERE LEGALLY ORGANIZED California EXPLANATION OF FILING This request is for an Amendment of trademark registration 4261951 to restrict the identification of goods by deleting the term "jackets" from said identification. GOODS AND/OR SERVICES SECTION (current) U.S. CLASS 025 IDENTIFICATION Clothing, namely, shirts, t-shirts, hats, and jackets FILING BASIS Section 1(a) FIRST USE ANYWHERE DATE At least as early as 09/15/2011 FIRST USE IN COMMERCE DATE At least as early as 09/15/2011 GOODS AND/OR SERVICES SECTION (proposed) U.S. CLASS 025 IDENTIFICATION Clothing, namely, shirts, t-shirts, and hats FILING BASIS Section 1(a) FIRST USE ANYWHERE DATE At least as early as 09/15/2011 FIRST USE IN COMMERCE DATE At least as early as 09/15/2011 ATTORNEY SECTION JOSHUA A. LORENTZ DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 ORIGINAL ADDRESS CINCINNATI Ohio (OH) United States (USX) 45202-1971 NEW ATTORNEY SECTION NAME April L. Besl FIRM NAME DINSMORE & SHOHL LLP STREET 255 E 5TH ST STE 1900 CITY CINCINNATI STATE Ohio ZIP/POSTAL CODE 45202-1971 COUNTRY United States PHONE 513-977-8200 FAX 513-977-8141 EMAIL [email protected] AUTHORIZED EMAIL COMMUNICATION Yes CORRESPONDENCE SECTION JOSHUA A. LORENTZ DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 ORIGINAL ADDRESS CINCINNATI Ohio (OH) United States (USX) 45202-1971 NEW CORRESPONDENCE SECTION NAME April L. Besl FIRM NAME DINSMORE & SHOHL LLP STREET 255 E 5TH ST STE 1900 CITY CINCINNATI STATE Ohio ZIP/POSTAL CODE 45202-1971 COUNTRY United States PHONE 513-977-8200 FAX 513-977-8141 EMAIL [email protected] AUTHORIZED EMAIL COMMUNICATION Yes PAYMENT SECTION TOTAL AMOUNT 100 TOTAL FEES DUE 100 SIGNATURE SECTION DECLARATION SIGNATURE /april l besl/ SIGNATORY'S NAME April L. Besl SIGNATORY'S POSITION Attorney of record, Ohio bar member DATE SIGNED 11/20/2015 REQUEST SIGNATURE /april l besl/ SIGNATORY'S NAME April L. Besl SIGNATORY'S POSITION Attorney of record, Ohio bar member DATE SIGNED 11/20/2015 AUTHORIZED SIGNATORY YES CONCURRENT § 8, 8 &15, OR 8 &9 FILED NO FILING INFORMATION SECTION SUBMIT DATE Fri Nov 20 10:20:54 EST 2015 USPTO/S7R-XX.XX.XX.XXX-20 151120102054210024-426195 1-54066b1857759cb31bdae6a TEAS STAMP 4ef524b72a4e31b68841e4cd3 bd8ac1cc6e5541646e-CC-104 59-20151120100716847769

PTO Form 1597 (Rev 11/2007) OMB No. 0651-0055 (Exp. 07/31/2018)

Section 7 Request Form To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 4261951 NAUGLES(Standard Characters, see http://tmng- al.uspto.gov/resting2/api/img/85281037/large) has been amended as follows:

EXPLANATION OF FILING This request is for an Amendment of trademark registration 4261951 to restrict the identification of goods by deleting the term "jackets" from said identification.

CLASSIFICATION AND LISTING OF GOODS/SERVICES Registrant proposes to amend the following class of goods/services in the application: Current: Class 025 for Clothing, namely, shirts, t-shirts, hats, and jackets Original Filing Basis: Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant'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 09/15/2011 and first used in commerce at least as early as 09/15/2011, and is now in use in such commerce.

Proposed: Class 025 for Clothing, namely, shirts, t-shirts, and hats Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant'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 09/15/2011 and first used in commerce at least as early as 09/15/2011, and is now in use in such commerce.

ATTORNEY INFORMATION Registrant proposes to amend the following: Current: JOSHUA A. LORENTZ DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINNATI Ohio (OH) United States (USX) 45202-1971 Proposed: April L. Besl of DINSMORE & SHOHL LLP, having an address of 255 E 5TH ST STE 1900 CINCINNATI, Ohio United States 45202-1971, whose e-mail address is [email protected], whose phone number is 513-977-8200 and whose fax number is 513-977-8141.

CORRESPONDENCE ADDRESS CHANGE Registrant proposes to amend the following: Current: JOSHUA A. LORENTZ DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINNATI Ohio (OH) United States (USX) 45202-1971 Proposed: April L. Besl of DINSMORE & SHOHL LLP, having an address of 255 E 5TH ST STE 1900 CINCINNATI, Ohio United States 45202-1971, whose e-mail address is [email protected], whose phone number is 513-977-8200 and whose fax number is 513-977-8141.

FEE(S) Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S) Declaration Signature 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 this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /april l besl/ Date: 11/20/2015 Signatory's Name: April L. Besl Signatory's Position: Attorney of record, Ohio bar member Signatory's Phone: 5139778200

Request Signature Signature: /april l besl/ Date: 11/20/2015 Signatory's Name: April L. Besl Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone: 5139778200

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the registrant in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The registrant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address: April L. Besl DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINNATI, Ohio 45202-1971

RAM Sale Number: 4261951 RAM Accounting Date: 11/20/2015

Serial Number: 85281037 Internet Transmission Date: Fri Nov 20 10:20:54 EST 2015 TEAS Stamp: USPTO/S7R-XX.XX.XX.XXX-20151120102054210 024-4261951-54066b1857759cb31bdae6a4ef52 4b72a4e31b68841e4cd3bd8ac1cc6e5541646e-C C-10459-20151120100716847769

From: [email protected] Sent: Thursday, November 15, 2012 00:10 AM To: [email protected] Subject: Trademark Serial Number 85281037 : Official USPTO Notice of Acceptance of Statement of Use

NOTICE OF ACCEPTANCE OF STATEMENT OF USE

Serial Number: 85281037 Mark: NAUGLES(STANDARD CHARACTER MARK) Owner: Del Taco LLC Docket/Reference Number:

The USPTO has accepted the Statement of Use filed for the trademark application identified above. The mark will now register and the registration certificate will issue in due course barring any extraordinary circumstances.

For further information, including information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov/ or call the Trademark Assistance Center at 1-800-786-9199.

To check the status of an application, go to http://tarr.uspto.gov/.

PTO Form 1553 (Rev 9/2005) OMB No. 0651-0054 (Exp. 10/31/2017) Trademark/Service Mark Statement of Use (15 U.S.C. Section 1051(d))

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 85281037 LAW OFFICE ASSIGNED LAW OFFICE 117 EXTENSION OF USE NO MARK SECTION MARK http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85281037 LITERAL ELEMENT NAUGLES STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES The mark consists of standard characters, without claim to any particular MARK STATEMENT font style, size or color. OWNER SECTION NAME Del Taco LLC STREET 25521 Commercentre Drive CITY Lake Forest STATE California ZIP/POSTAL CODE 92630 COUNTRY United States GOODS AND/OR SERVICES SECTION INTERNATIONAL CLASS 025 CURRENT IDENTIFICATION Clothing, namely, shirts, t-shirts, hats, and jackets GOODS OR SERVICES KEEP ALL LISTED FIRST USE ANYWHERE DATE 09/15/2011 FIRST USE IN COMMERCE DATE 09/15/2011 \\TICRS\EXPORT16\IMAGEOUT 16\852\810\85281037\xml1\ SPECIMEN FILE NAME(S) SOU0002.JPG

\\TICRS\EXPORT16\IMAGEOUT 16\852\810\85281037\xml1\

SOU0003.JPG digital images showing the mark as currently used in connection with the SPECIMEN DESCRIPTION goods REQUEST TO DIVIDE NO PAYMENT SECTION NUMBER OF CLASSES IN USE 1 SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100 TOTAL AMOUNT 100 SIGNATURE SECTION DECLARATION SIGNATURE /jack tang/ SIGNATORY'S NAME Jack T. Tang SIGNATORY'S POSITION Associate General Counsel DATE SIGNED 10/01/2012 SIGNATORY'S PHONE NUMBER (949) 462 - 7324 FILING INFORMATION SUBMIT DATE Mon Oct 01 14:12:16 EDT 2012 USPTO/SOU-XX.XXX.XX.XX-20 121001141216237246-852810 TEAS STAMP 37-49048af3ff0872631f42d6 f5eb9a7ccead3-CC-497-2012 1001090807912655 PTO Form 1553 (Rev 9/2005) OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Statement of Use (15 U.S.C. Section 1051(d)) To the Commissioner for Trademarks: MARK: NAUGLES(Standard Characters, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85281037) SERIAL NUMBER: 85281037

The applicant, Del Taco LLC, having an address of 25521 Commercentre Drive Lake Forest, California 92630 United States is submitting the following allegation of use information:

For International Class 025: Current identification: Clothing, namely, shirts, t-shirts, hats, and jackets

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/15/2011, and first used in commerce at least as early as 09/15/2011, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) digital images showing the mark as currently used in connection with the goods. Specimen File1 Specimen File2

The applicant is not filing a Request to Divide with this Allegation of Use form.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

Signature: /jack tang/ Date Signed: 10/01/2012 Signatory's Name: Jack T. Tang Signatory's Position: Associate General Counsel Signatory's Phone: (949) 462 - 7324

RAM Sale Number: 497 RAM Accounting Date: 10/02/2012 Serial Number: 85281037 Internet Transmission Date: Mon Oct 01 14:12:16 EDT 2012 TEAS Stamp: USPTO/SOU-XX.XXX.XX.XX-20121001141216237 246-85281037-49048af3ff0872631f42d6f5eb9 a7ccead3-CC-497-20121001090807912655

From: [email protected] Sent: Tuesday, April 3, 2012 00:05 AM To: [email protected] Subject: Trademark Serial Number 85281037: Official USPTO Notice of Allowance

NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Apr 3, 2012

Serial Number: 85281037 Mark: NAUGLES(STANDARD CHARACTER MARK) Docket/Reference Number:

No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally); OR - An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request: Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.uspto.gov/teas/index.html (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information. If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.uspto.gov/trademarks/basics/MoreInfo_SOU_EXT.jsp.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit. Please use the "Post-Publication Amendment" form under the "POST-PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) FORMS" category, available at http://www.uspto.gov/teas/index.html. Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 85281037 Mark: NAUGLES(STANDARD CHARACTER MARK) Docket/Reference Number: Owner: Del Taco LLC 25521 Commercentre Drive Lake Forest , CALIFORNIA 92630 Correspondence Address: JOSHUA A. LORENTZ DINSMORE & SHOHL LLP 255 E 5TH ST STE 1900 CINCINNATI, OH 45202-1971

This application has the following bases, but not necessarily for all listed goods/services: Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

025 - Clothing, namely, shirts, t-shirts, hats, and jackets -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of an application, go to http://tarr.uspto.gov. Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=85281037. NOTE: This notice will only be available on-line the next business day after receipt of this e-mail. From: [email protected] Sent: Tuesday, October 4, 2011 04:11 PM To: [email protected] Subject: Official USPTO Notice of Publication: Serial Number 85281037

NOTICE OF PUBLICATION

Serial Number: 85-281,037 Mark: NAUGLES(STANDARD CHARACTER MARK) International Class(es): 025 Applicant: Del Taco LLC Attorney Reference Number:

The mark identified above has been published in the Trademark Official Gazette (OG) on Oct 04, 2011. Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal Board. If no party files an opposition or extension request within thirty (30) days after the publication date, then within twelve (12) weeks of the publication date a notice of allowance (NOA) should issue. (Note: The applicant must file a Statement of Use or Extension Request within six (6) months after the NOA issues.)

On the publication date or shortly thereafter, the applicant should carefully review the information that appears in the OG for accuracy (see steps, below). If any information is incorrect, the applicant should immediately email the requested correction to [email protected]. For general information about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

1. Click on the following link or paste the URL into an internet browser: http://www.uspto.gov/web/trademarks/tmog/20111004_OG.pdf#page=1 2. Wait for the total OG to download completely (as indicated on bottom of OG page). 3. At the top/side of the displayed page, click wherever the "binoculars" icon appears. 4. Enter in the "search" box the name of the applicant (for individual: last name, first name) or the serial number in this exact format (with hyphen and comma): 85-281,037, e.g. 5. View the retrieved result(s). If multiple results appear in the "results" box, click directly on each "search term" shown in the box to access all separate appearances in the OG.

From: [email protected] Sent: Tuesday, October 4, 2011 03:54 PM To: [email protected] Subject: Official USPTO Notice of Publication: Serial Number 85281037

NOTICE OF PUBLICATION

Serial Number: 85-281,037 Mark: NAUGLES(STANDARD CHARACTER MARK) International Class(es): 025 Applicant: Del Taco LLC Attorney Reference Number:

PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011) Response to Office Action

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 85281037 LAW OFFICE ASSIGNED LAW OFFICE 117 MARK SECTION (no change) GOODS AND/OR SERVICES SECTION (current) INTERNATIONAL CLASS 025 DESCRIPTION Clothing FILING BASIS Section 1(b) GOODS AND/OR SERVICES SECTION (proposed) INTERNATIONAL CLASS 025

TRACKED TEXT DESCRIPTION Clothing; Clothing, namely, shirts, t-shirts, hats, and jackets FINAL DESCRIPTION Clothing, namely, shirts, t-shirts, hats, and jackets FILING BASIS Section 1(b) ADDITIONAL STATEMENTS SECTION PRIOR REGISTRATION(S) The applicant claims ownership of U.S. Registration Number(s) 1043729. SIGNATURE SECTION RESPONSE SIGNATURE /april l besl/ SIGNATORY'S NAME April L Besl SIGNATORY'S POSITION Attorney of record, Ohio bar member DATE SIGNED 08/09/2011 AUTHORIZED SIGNATORY YES FILING INFORMATION SECTION SUBMIT DATE Tue Aug 09 16:48:46 EDT 2011 USPTO/ROA-XX.XXX.XX.XX-20 110809164846732526-852810 TEAS STAMP 37-480253833ffe62ad6e5126 dc4e7ad7eb-N/A-N/A-201108 09163318252250

PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action To the Commissioner for Trademarks:

Application serial no. 85281037 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES Applicant proposes to amend the following class of goods/services in the application: Current: Class 025 for Clothing Original Filing Basis: Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Tracked Text Description: Clothing; Clothing, namely, shirts, t-shirts, hats, and jackets

Class 025 for Clothing, namely, shirts, t-shirts, hats, and jackets Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS Claim of Prior Registration(s) The applicant claims ownership of U.S. Registration Number(s) 1043729.

SIGNATURE(S) Response Signature Signature: /april l besl/ Date: 08/09/2011 Signatory's Name: April L Besl Signatory's Position: Attorney of record, Ohio bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Serial Number: 85281037 Internet Transmission Date: Tue Aug 09 16:48:46 EDT 2011 TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20110809164846732 526-85281037-480253833ffe62ad6e5126dc4e7 ad7eb-N/A-N/A-20110809163318252250

To: Del Taco LLC [email protected]( ) Subject: U.S. TRADEMARK APPLICATION NO. 85281037 - NAUGLES - N/A Sent: 7/5/2011 7:57:40 PM Sent As: [email protected] Attachments: Attachment - 1

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION ( OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

APPLICATION SERIAL NO. 85281037

MARK : NAUGLES *85281037* CORRESPONDENT ADDRESS: JOSHUA A. LORENTZ CLICK HERE TO RESPOND TO THIS LETTER: DINSMORE & SHOHL LLP http://www.uspto.gov/trademarks/teas/response_forms.jsp 255 E 5TH ST STE 1900 CINCINNATI, OH 45202-1971

APPLICANT : Del Taco LLC

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE : 7/5/2011

The referenced application has been reviewed by the assigned trademark examining attorney.Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

Search The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

IDENTIFICATION OF GOODS/CLASSIFICATION

The wording “clothing” in the identification of goods must be clarified because it is too broad and could include goods in several international classes. See TMEP §§1402.01, 1402.03. Examples of acceptable identifications include the following: “clothing for protection against accidents, irradiation and fire” in International Class 9; “surgical gowns” in International Class 10; “pet clothing” in International Class 18; and “shirts, shorts and pants” in International Class 25. Therefore, applicant must amend the identification to specify the type of clothing.

If applicant’s clothing is classified in International Class 25, applicant should insert the word “namely,” after “clothing” and indicate the specific types of clothing items (e.g., shirts, pants, coats, dresses).

Although identifications of goods may be amended to clarify or limit the goods, adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.uspto.gov/netahtml/tidm.html. See TMEP §1402.04.

Requirements for adding a class For an application with more than one international class, called a “multiple-class application,” an applicant must meet all of the requirements below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international class; and

(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.uspto.gov, click on “View Fee Schedule” under the column titled “Trademarks”).

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

CLAIM OF OWNERSHIP OF REGISTRATION

If applicant is the owner of U.S. Registration No. 1043729, then applicant must submit a claim of ownership. See 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:

Applicant is the owner of U.S. Registration No. 1043729.

/Ann Sappenfield/ Trademark Examining Attorney Law Office 117 (571) 272-9215

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e- mail [email protected]. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.

To: Del Taco LLC ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85281037 - NAUGLES - N/A Sent: 7/5/2011 7:57:42 PM Sent As: [email protected] Attachments:

IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION HAS ISSUED ON 7/5/2011 FOR SERIAL NO. 85281037

Please follow the instructions below to continue the prosecution of your application:

TO READ OFFICE ACTION: Click on this link or go to http://portal.uspto.gov/external/portal/tow and enter the application serial number to access the Office action.

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this e-mail notification.

RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period. Your response deadline will be calculated from 7/5/2011 (or sooner if specified in the office action).

HELP: For technical assistance in accessing the Office action, please e-mail [email protected]. Please contact the assigned examining attorney with questions about the Office action.

WARNING

Failure to file the required response by the applicable deadline will result in the ABANDONMENT of your application.