Examiners Amendment Priority

OFFICE SEARCH: 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. Section 1052(d). TMEP section 704.02.

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. This case will be given priority as an amended case if you respond to the requirements stated below within two months.

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

Serial Number 76/584836

EXAMINER'S AMENDMENT

In accordance with the authorization granted pursuant to TMEP Section 707.02, the application has been AMENDED as indicated below. No response is necessary unless there is an objection to the amendment. Any future amendments to the identification of goods or services must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e). Please advise the undersigned if there is an objection to the amendment.

Standard Character Claim

The following standard character drawing claim is added to the record:

The mark is presented in standard characters without claim to any particular font style, size, or color.

37 C.F.R. §2.52(a).

PRIORITY ACTION

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

Identification of Goods

The identification of goods is unacceptable as indefinite. The applicant must identify the goods with more specificity. The applicant may adopt the following identification, if accurate:

Packaged meal kits containing __________[please specify food types (e.g. a combination of ingredients for cooking meals or casseroles consisting primarily of beef, pork, poultry, vegetables, cheese, sauce, gravy, processed potatoes, and/or broth, served with rice, pasta, biscuit mix, bread stuffing, and/or seasonings)] which meat may be added to, in International Class 29.

Packaged meal kits containing __________[please specify food types (e.g. a combination of ingredients for cooking meals or casseroles consisting primarily of rice, pasta, biscuit mix, bread stuffing, and/or seasonings served with beef, pork, poultry, vegetables, cheese, sauce, gravy, processed potatoes, and/or broth)] which meat may be added to, in International Class 30.

The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and services.

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

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.

Multiple Class Requirements

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b)/a foreign registration under Trademark Act Section 44(e)/an intent to use the mark under Trademark Act Section 1(b) and/or a foreign registration under Trademark Act Section 44(e):

(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and

(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

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.

My Law Office will move on October 25, 2004. To reach me by phone after that date call (571) 272-9361.

To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9110.

/Tarah K. Hardy Ludlow/

Trademark Attorney

Law Office 110

(703) 308-9110 x. 223

(703) 746-8110 fax

How to respond to this Office Action:

You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.

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