| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76515082 |
| MARK SECTION (no change) | |
| OWNER SECTION (no change) | |
| LEGAL ENTITY SECTION (no change) | |
| GOODS AND/OR SERVICES SECTION (1st class)(current) | |
| INTERNATIONAL CLASS | 029 |
| DESCRIPTION | |
| Soup mixes, instant mashed potatoes, diced tomatoes and beans | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 01/00/1996 |
| FIRST USE IN COMMERCE DATE | 01/00/1996 |
| GOODS AND/OR SERVICES SECTION (1st class)(proposed) | |
| INTERNATIONAL CLASS | 029 |
| DESCRIPTION | Diced tomatoes and processed beans. |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 01/00/1996 |
| FIRST USE IN COMMERCE DATE | 01/00/1996 |
| GOODS AND/OR SERVICES SECTION (2nd class)(current) | |
| INTERNATIONAL CLASS | 030 |
| DESCRIPTION | |
| Food seasonings; sauces excluding cranberry sauce and apple sauce; packaged casserole food products consisting primarily of pasta with seasoning and spice mixes, gravy mixes | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 03/00/1942 |
| FIRST USE IN COMMERCE DATE | 03/00/1942 |
| GOODS AND/OR SERVICES SECTION (2nd class)(proposed) | |
| INTERNATIONAL CLASS | 030 |
| DESCRIPTION | |
| Food seasonings; sauces excluding cranberry sauce and apple sauce; packaged casserole food products consisting primarily of pasta with seasoning and spice mixes, gravy mixes | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 03/00/1942 |
| FIRST USE IN COMMERCE DATE | 03/00/1942 |
| ADDITIONAL STATEMENTS SECTION | |
| SECTION 2(f) | The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement. |
| SECTION 2(f) | The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 1,504,172. |
| SIGNATURE SECTION | |
| SIGNATURE | /kle/ |
| SIGNATORY NAME | Kyle L. Elliott |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 04/26/2004 |
| SIGNATURE | /kle/ |
| SIGNATORY NAME | Kyle L. Elliott |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 04/26/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Apr 26 17:34:24 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXX-200404 26173424706130-76515082-2 00f3849b971d39fcebb829466 0b295a3-N-N-2004042617335 0893776 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76515082 is amended as follows: | |
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 029 for Soup mixes, instant mashed potatoes, diced tomatoes and beans | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 029 for Diced tomatoes and processed beans. | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 030 for Food seasonings; sauces excluding cranberry sauce and apple sauce; packaged casserole food products consisting primarily of pasta with seasoning and spice mixes, gravy mixes | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 030 for Food seasonings; sauces excluding cranberry sauce and apple sauce; packaged casserole food products consisting primarily of pasta with seasoning and spice mixes, gravy mixes | |
| Additional Statements | |
| The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement. | |
| The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 1,504,172. | |
| Declaration Signature |
|
| 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 may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; 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 and/or 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 as set forth within the original application and/or the submitted amendment/response. | |
| Signature: /kle/ Date: 04/26/2004 | |
| Signatory's Name: Kyle L. Elliott | |
| Signatory's Position: Attorney | |
| Response Signature | |
| Signature: /kle/ Date: 04/26/2004 | |
| Signatory's Name: Kyle L. Elliott | |
| Signatory's Position: Attorney | |
| Serial Number: 76515082 | |
| Internet Transmission Date: Mon Apr 26 17:34:24 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXX-20040426173424706130- 76515082-200f3849b971d39fcebb8294660b295 a3-N-N-20040426173350893776 |