Examiners Amendment

WHOLE KIDS ORGANIC

WHOLE FOODS MARKET IP, L.P.

Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/495054

 

    APPLICANT:         WHOLE FOODS MARKET IP, L.P.

 

      

 

       

 

    CORRESPONDENT ADDRESS:

CHRISTOPHER L. GRAFF

THOMPSON & KNIGHT L.L.P.

1200 SAN JACINTO CENTER

98 SAN JACINTO BOULEVARD

AUSTIN, TEXAS 78701-4081

RETURN ADDRESS: 

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom110@uspto.gov

 

 

If no fees are enclosed, the address should include the words "Box Responses - No Fee."

    MARK:          WHOLE KIDS ORGANIC

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   503320.15601

 

    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 email address.

 

 

Serial Number  76/495054

 

EXAMINER’S AMENDMENT

 

In accordance with the authorization granted by Sherri Eastley,  512.469.6142 on February 03, 2004, 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.

 

IDENTIFICATION & CLASSIFICATION  OF GOODS 

The identification of goods has been as to read as follows:

  

Apple sauce, and cranberry sauces,  jams, nut butters, fruit spreads, cheeses, soy-based and rice-based food beverages used as a milk substitute, hot dogs, frozen boxed dinners consisting primarily of meat, fish, poultry or vegetables;  soups, potato and fruit-based snack foods, potato and fruit-based chips, tomato paste, chili, frozen potato dishes, dried fruit, processed nuts, trail snack mix consisting primarily of processed fruits, milk, cream cheese, yogurt, processed vegetables and processed fruits in International Class 029.

 

 

 

 

 

 

DISCLAIMER   

 No claim is made to the exclusive right to use “ORGANIC” apart from the mark as shown.

 

The requirement to disclaim KIDS has been withdrawn.

Applicant has stated that the goods will not be marketed exclusively to children.

 

 

The present application will proceed to publication in the Official Gazette.

 

 

 

 

/leb/  Linda E. Blohm,  Trademark Examining Attorney

Ecom110@uspto.gov (email address for OFFICIAL responses ONLY)

703.308.9110 ext.130,   Law Office 110 Facsimile 703.746.8110

 

 

 

 

 

 

 

 


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