Offc Action Outgoing

MAMA SITA'S

MAMA SITA'S HOLDING CO., INC.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/094060

APPLICANT: MAMA SITA'S HOLDING CO., INC.

*76094060*

CORRESPONDENT ADDRESS:

JULIE B. SEYLER

ABELMAN FRAYNE & SCHWAB

150 EAST 42ND STREET

NEW YORK NY 10017

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

MARK: MAMA SITA'S

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name and

Law Office number.

4. Your telephone number and e-mail address.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/094060

This letter responds to the applicant's communication filed on May 25, 2004. The applicant referenced the cancellation of pending cite Reg. No. 1829935. As such, the refusal under Section 2(d) is withdrawn as to that case. However, it is continued with respect to Reg. Nos. 2201115, 2593367 and 2593368. The following issue must be resolved before the case is ready for final disposition .

Identification of the Goods

The identification of goods is unacceptable as indefinite and incorrectly classified. The applicant may adopt the following identification, if accurate:

Class 29: Meat stew mixes;

Class 30: Spices; vinegar; ready-made sauces, namely, adobo marinade, barbecue marinade, oyster sauce, sauce for roasts, Kare Kare sauce and tapas marinade; and seasoning mixes, namely, adobo mix, Palabok mix, Calderata mix, mungo bean mix and sinigang mix. TMEP section 804.

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004

The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.

/Susan Leslie DuBois/

Susan Leslie DuBois

Examining Attorney

Law Office 111

703-308-9111 ext.413

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.