UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/337336
APPLICANT: Mars, Incorporated
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CORRESPONDENT ADDRESS: LESLIE K. MITCHELL FITZPATRICK, CELLA, HARPER & SCINTO 30 ROCKEFELLER PLAZA NEW YORK, NEW YORK 10112-3801
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: POP-WICHES
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CORRESPONDENT’S REFERENCE/DOCKET NO: 946.10164
CORRESPONDENT EMAIL ADDRESS:
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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 email address.
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Serial Number 76/337336 MARK: POP-WICHES
In accordance with the authorization granted by Patricia L. Werner on October 15, 2003, the application has been AMENDED as indicated below. Please note that if the identification of goods or services has been amended below, any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e). No response is necessary unless there is an objection to the amendment. If there is an objection to the amendment, the applicant should notify the examining attorney immediately.
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The identification of goods has been amended in the following manner:
Nutritional supplements in the form of an energy bar;
CLASS 29
Packaged meals consisting primarily of meat, flab, poultry or vegetables which contains bakery goods; potato chips; fruit based energy foods bars; candied fruit; candied fruit snacks; candied nuts; processed nuts; yogurt;
Foods and ingredients of foods, namely, snack cakes; cupcakes; candy; candy tans; tart bakery goods; tortilla chips; cereal; mixes for bakery goods; cereal-based energy snack food bars; ready to eat cereal derived energy food bars; pain-based energy food bars; candy bars containing nutritional additives for energy; packaged meals consisting primarily of pasta or rice which contains bakery goads; dessert soufflés and bakery desserts which are placed in packaged meals; bakery goods; mixes for making bakery goods; edible cake decorations; cake mixes; cakes; pies; candy; candy cake decorations; candy coated popcorn caramel popcorn; caramels; cereal based snack food; chocolate; chocolate chips; chocolate covered nuts; chocolate powder; chocolate syrup; chocolate topping; chocolate truffles; chocolate-based fillings for cakes and pies; cocoa cocoa mixes; canes for ice cream; confectionery chips for baking; frozen confections; cookies; crackers; custard-based fillings for cakes and pies; frozen custards; Danish pastries; dessert soufflés;
doughnuts; dumplings; éclairs; flavoring syrup; food flavorings using non-essential oils; chocolate fondue; food additives for non- nutritional purposes for use as a flavoring; ingredient or filler; ready-to-eat cereal derived food bars; frosting mixes; frostings; frozen yogurt; fruit ice; fruit pies; flavored and sweetened gelatins; gingerbread; glazed popcorn; granola; granola-based snack bars; hot chocolate; ice cream; ice cream substitute; soy-based ice cream substitute; ice milk; flavored ices; icing; icing mixes; marshmallow topping; milkshakes; bases for making milkshakes; candy mints; molasses; muffins; nuts; parfaits; pastries; peanut butter confectionery chips; pies; popped popcorn; processed unpopped popcorn; pretzels; puddings; puffed corn snacks; sauces; seasonings;
sherbet; granola-based snack bars; cereal-based snack food; rice-based snack foods; wheat-based snack foods; sorbet; syrup flavoring; syrup topping; tapioca; thickening agents for use in cooking; topping syrup; wafers;
Raw or fresh nuts.”
Georgia Ann Carty
/Georgia Ann Carty/
Trademark Attorney
Law Office 111
(703) 308-9111, Ext. 150
ecom 111 @USPTO.gov