I V o o Za‘ W
UNITED STATES PATENT AND TRADEMARK OFFICE
TRADEMARK EXAMINING OPERATION

In re Application of : )
, Stevie B Corporation )
Serial No.: 75 / 145,009 ) Examining Attorney: Lynn A. Luthey
Mark: STEVIE B’S RIB CAFE ) Law Of?ce Number: 106
Filed: 8/5/96 )

Assistant Commissioner For Trademarks

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Box Responses – No Fee
2900 Crystal Drive
Arlington, Virginia 2220235 13 gig:

RESPONSE UNDER 37 C.F.R. §2.62
This paper is submitted in response to the Office Action No. 3 dated 2/5/98. “ h

L I has refused registration of Applicant’s mark on the ground of likelihood of
confusion with the mark STEVI B’S PIZZA in pendingapplication serial No. 75 / 135,715, and
suspended action on the present application pending the disposition of said prior application.
Reconsideration of this re?lsal, and removal of the present application from suspension, is
respect?illy requested.
Applicant and the owner of the pending application agree that there is no likelihood of
con?ision, nor is there any known actual confusion, created by their use of their respective marks.
The parties have identi?ed distinctions between their marks and between their services, and
{Qagreed to maintain these distinctions. Enclosed is an executed Consentto Use and Registration
Agreement documenting their agreement.
In view ofthe foregoing Remarks, the application is believed to be in condition for prompt
publication, and favorable action is requested. Thank you for your consideration.

Respectfully submitted:

By:
Christoph ‘ r .
Bischo?‘ & Associates, Ltd.
(312) 482-9220
OS/IEAQS 16:38 {33124828319 INGCO B & A
Es 1’

CONSENT TO USE AND REGISTRATION AGREEMENT

, View
This agreement, made this j‘__ day 0W1, 1998, by and between PPL, Inc, (hereinafter
“PPL”)_, a Geo rgi a corp orat ion, hav ing its prin cipa l plac e of busi ness at 107 Ban ks Stat ion,

Fayetteville, Georgi a, 302 14, and , Ste vie B’C orp ora tio n, (he rei naf ter “SB C”) , an Illi nois cor por ati on,

having its princi pal pla ce of bus ine ss at 195 3 Nor th Cly bou rn, Chi cag o, Illi nois , 606 14;

WHEREA S, PPL see ks to regi ster the mar k STE VI B’S PIZ ZA, in Inte rnat iona l Clas s 42,

for use in connection with “pizza restaurant services,” as applied for in an intent-to~use application,

Serial No, 75/ 135,715 ?led on July 15, 1996;
WPEREAS, SBC seeks to regi ster the mar k ST EV IE B’S RIB CAF E, in Int ern ati ona l Cla ss

42, for use in connectio n wit h “ful l serv ice rest aura nt and cate ring serv ices , spec iali zing in bar beq ued

foods ?avored by applicant’s barbcque sauces,” as applied for in application Serial No. 75 / 145,009
which was ?led on August 5, 1996 and based on actual use in commerce at least on or before

March 4, 1994;

WHEREAS, PPL recognizes that SBC‘s use in interstate commerce of STEVIE B’S RIB
CAFE was prior to PPL’s use in commerce of STEVI B’S PIZZA; and
mmanas , the part ies desi re to esta blis h and mai nta in suf? cien t dist inct ions bet wee n thei r
marks and between their services to avoid actual confusion, and the likelihood of confusion as to
source, without resorting to an Opposition proceeding; /

NOW, THE REF ORE , for goo d and valu able cons ider atio n, the rece ipt and suf ?ci enc y of

which is hereby acknowledged, it is agreed as follows:
1, PPL shall limi t its serv ices to tho se serv ices nam ed in its appl icat ion, nam ely “pi zza

restauran t ser vic es, ” the reb y lim iti ng its men u to its cur ren t off eri ng of piz za, spa ghe tti , las agn a,

bread. and salad (as shown in Exhibit “A” attached hereto);
2. PPL shall pay SBC the sum of $1 ,2 00 as par tia l re im bu rs em en t for att orn ey fee s inc urr ed

by SEC in resolving this matter;
3. SEC shal l not Opp ose , or othe rwis e inte rfer e wit h PPL ’s regi stra tion of appl icat ion Seri al

No. 75 / 135,715, Subject to the terms and conditions or this agreement;
4, Each party believes there is no actual confusion and no likelihood of confusion, between
SBC’s mark and PPL’s mark;
5. PPL‘shall not use the mark STEVI B’S PIZZA in connection with full service restaurant
and catering services, specializing in barbequed foods ?avored by applicant’s barbeque sauces,
including use with signage, menus, advertising, and letterhead;
6. SBC shall not use the mark STEVIE B’S RIB CAFE in connection with pizza restaurant

services, including use with signage, menus, advertising, and letterhead;
7 SBC consents to the use and registration by PPL of the mark STEVI B’S PIZZA in
International Class 42 for use in connection with “pizza restaurant services” as limited by paragraph
i above;
8 PPL wnsents to the use and registration by SBC ofthe mark STEVIE B’S RIB CAFE in
International Class 42 for use in connection with “full service restaurant and catering services,

specializing in barbequed foods ?avored by applicant’s barbeque sauces”;
9. SBC shall cooperate ?illy with PPL in PPL’s efforts to register its mark, such cooperation
including but not being limited to executing documents previded by PPL stating SBC’s consent to
PPL‘s use and registration of the mark STEVI B’S PIZZA; and
10. PPL shall cooperate ?illy with SEC in SBC’s efforts to register its mark, such cooperation
including but not being limited to executing documents provided by SBC stating PPL’s consent to
SBC’s use and registration of the mark STEVIE B’S RIB CAFE.

In witness thereof, the parties have exeCuted this agreement on the date ?rst written above.

Stevie B Cor oration
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f— STEVI 3’s PIZZA ?
» 107 Banks Station – Fayettevine, GA 3021
ALLgvou- CAN-EAT LUNCH AND DINNER B¢FFET
AduItsm.,…….r..‘_….,…$2.99 -‘ Kids Under $2.49
Buffet Hours: Mon.—Fr/.: 11004200, 5:309:00 –
PiZZA 5 AD~BR“E—557E§¥?A§
‘Med_ ium p ~ Salad Bar (AH You Can Eat)……..:r…
Large (7-4 ~ ;…‘,V…V.-…V.,….$5.99 ………,..,,.$2.49
_Fresth Baked Breads’cicks (8)
gegcrALTv Pl zA; ‘ Meatballs
Medium (12’) ……………………………………………. ..$5.99 ITALIAN SPECIAL! IES
Large (14’) …………………………………………………. 126.99
{$ch with Bread Sticks and Salad)
{7060; BBQ DEsEI‘fPiZZGJ Spaghetti w.’ Tomato Sauce and McatbalIs…..$/l./|9
TOPPINGS AVAILABLE Lasagna With Meat SauceMM…“..,…………..”….5MB
Medium: 60¢ – Large: .754:
Pepperoni, Canadian Bacon, Ilaltan Sausage, Ground Beef, “-an anaairmmy ‘
– pam?gva?hme, ~. A as 3
Green Peppers, Black Olives, Mushrooms, OniOns, Spinach, See Managerfof‘ ’ “mum ”
Broccoff, Jalapenos and Pineapple ~ Dem-‘5’! ” EM…“ Em
DJ
B EVERAGES mu FOR TAKE-our! mg”,
Adults:$1.15 . Kjd5:$.99 – – 9
(7?0)4601-77 1,
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