Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76682370 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Food products for sale and for consumption in restaurants and vending carts, namely, pizza, coffee, tea, soups, crepes, breakfast foods in the nature of breakfast cereals, bagels, snacks in the nature of cereal based snack foods and snack cakes, gelato, pastries, processed cereals, natural foods and food products in the nature of natural brown sugar, prepared foods, namely, salads, soups, rice pilaf, sandwiches, tacos, and panini, packaged foods, namely, salads, soups, rice pilaf, sandwiches, tacos, and panini
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/2006 and first used in commerce at least as early as 07/01/2006, and is now in use in such commerce.

Proposed:
Tracked Text Description: Food products for sale and for consumption in restaurants and vending carts, namely, [pizza], pizza; crepes; breakfast foods in the nature of bagels; pastries; natural foods and food products in the nature of natural brown sugar; prepared foods, [coffee], namely, [tea], macaroni salads, [soups], pasta salads, [crepes], rice salads, [breakfast foods in the nature of breakfast cereals], rice pilaf, [bagels], sandwiches, [snacks in the nature of cereal based snack foods and snack cakes], tacos, [gelato], and panini; packaged foods, [pastries], namely, [processed cereals], macaroni salads, [natural foods and food products in the nature of natural brown sugar], pasta salads, [prepared foods], rice salads, rice pilaf, [salads], sandwiches, [soups], tacos, and panini, [packaged foods], [salads], [soups], [and panini]Class 030 for Food products for sale and for consumption in restaurants and vending carts, namely, pizza; crepes; breakfast foods in the nature of bagels; pastries; natural foods and food products in the nature of natural brown sugar; prepared foods, namely, macaroni salads, pasta salads, rice salads, rice pilaf, sandwiches, tacos, and panini; packaged foods, namely, macaroni salads, pasta salads, rice salads, rice pilaf, sandwiches, tacos, and panini
Filing Basis: Section 1(a), Use in Commerce:The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/2006 and first used in commerce at least as early as 07/01/2006, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 030. The specimen(s) submitted consists of a "clamshell" package bearing the mark, which clamshell contains a prepared, packaged sandwich.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 029 for Food products for sale and for consumption in restaurants and vending carts, namely, prepared foods, namely, fruit salads and vegetable salads; packaged foods, namely, fruit salads and vegetable salads
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/01/2006 and first used in commerce at least as early as 07/01/2006, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 029. The specimen(s) submitted consists of a "clamshell" package bearing a label with the mark, which clamshell contains a prepared and packaged vegetable salad.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1

FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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. §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 application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; 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/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Laura E. Jordan, Esq./      Date: 01/22/2009
Signatory's Name: Laura E. Jordan, Esq.
Signatory's Position: Attorney of record, DC bar member

Response Signature
Signature: /Laura E. Jordan, Esq./     Date: 01/22/2009
Signatory's Name: Laura E. Jordan, Esq.
Signatory's Position: Attorney of record, DC bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 1596
RAM Accounting Date: 01/23/2009
        
Serial Number: 76682370
Internet Transmission Date: Thu Jan 22 16:05:24 EST 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200901221605247
85235-76682370-4405c9cb87654be4964833355
b1722a337-CC-1596-20090122153628776672