PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER76691010
LAW OFFICE ASSIGNEDLAW OFFICE 108
MARK SECTION (current)
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT BISTRO 28
COLOR(S) CLAIMED
(If applicable)		Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of the text BISTRO in a black box with the numbers 28 to the right in a white box.
MARK SECTION (proposed)
MARK FILE NAME\\TICRS\EXPORT6\IMAGEOUT6 \766\910\76691010\xml1\RO A0002.JPG
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT BISTRO 28
COLOR MARK NO
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of the wording BISTRO in a rectangle with the number 28 to its right in a square. Underneath the rectangle containing BISTRO is a row of small squares making the appearing of a dotted line, and a thin horizontal line appears under the row of squares. Another row of small squares making the appearing of a dotted line appears as the top of the square containing the 28, with a thin horizontal line forming the bottom of the square, and a thick horizontal line, appearing as a thin rectangle, underneath that.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 640 x 298
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS030
DESCRIPTIONRed beans and rice and creamy lobster penne
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 02/00/2008
        FIRST USE IN COMMERCE DATE At least as early as 02/00/2008
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS030
TRACKED TEXT DESCRIPTION
[Red beans and rice and creamy lobster penne], Pre-packaged dinners consisting primarily of rice served with red beans; Pre-packaged dinners consisting primarily of penne, served with creamy lobster
FINAL DESCRIPTION
Pre-packaged dinners consisting primarily of rice served with red beans; Pre-packaged dinners consisting primarily of penne, served with creamy lobster
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 02/00/2008
       FIRST USE IN COMMERCE DATE At least as early as 02/00/2008
ADDITIONAL STATEMENTS SECTION
PRIOR REGISTRATION(S) Applicant claims ownership of U.S. Registration Number(s) 2357633, 3486855.
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /Kay Lyn Schwartz/
SIGNATORY'S NAME Kay Lyn Schwartz
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 03/02/2009
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Mar 02 16:36:31 EST 2009
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-200
90302163631608096-7669101
0-440bb7de57ab5d1b0ac5337
41bcc121c8-N/A-N/A-200903
02160535952803


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. 76691010 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: BISTRO 28 (Stylized and/or with Design)
Color is not claimed as a feature of the mark.
The mark consists of the text BISTRO in a black box with the numbers 28 to the right in a white box.

Proposed: BISTRO 28 (Stylized and/or with Design, see mark)

The applicant is not claiming color as a feature of the mark.

The mark consists of the wording BISTRO in a rectangle with the number 28 to its right in a square. Underneath the rectangle containing BISTRO is a row of small squares making the appearing of a dotted line, and a thin horizontal line appears under the row of squares. Another row of small squares making the appearing of a dotted line appears as the top of the square containing the 28, with a thin horizontal line forming the bottom of the square, and a thick horizontal line, appearing as a thin rectangle, underneath that.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Red beans and rice and creamy lobster penne
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 02/00/2008 and first used in commerce at least as early as 02/00/2008, and is now in use in such commerce.

Proposed:
Tracked Text Description: [Red beans and rice and creamy lobster penne], Pre-packaged dinners consisting primarily of rice served with red beans; Pre-packaged dinners consisting primarily of penne, served with creamy lobster

Class 030 for Pre-packaged dinners consisting primarily of rice served with red beans; Pre-packaged dinners consisting primarily of penne, served with creamy lobster
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 02/00/2008 and first used in commerce at least as early as 02/00/2008, and is now in use in such commerce.
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
Applicant claims ownership of U.S. Registration Number(s) 2357633, 3486855.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Kay Lyn Schwartz/     Date: 03/02/2009
Signatory's Name: Kay Lyn Schwartz
Signatory's Position: Attorney of record

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.

        
Serial Number: 76691010
Internet Transmission Date: Mon Mar 02 16:36:31 EST 2009
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200903021636316080
96-76691010-440bb7de57ab5d1b0ac533741bcc
121c8-N/A-N/A-20090302160535952803