Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76707207 FARMER BRAND(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76707207) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

By this amendment, Applicant has amended the identification of goods to specify the types of food products.

Additionally, Applicant has added the requested disclaimer of the word "BRAND" to the application.

In view of the foregoing, it is now believed that the application is in condition for publication and such action at an early date is earnestly solicited.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for FOOD PRODUCTS
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 10/16/2008 and first used in commerce at least as early as 10/16/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: FOOD PRODUCTS; DRIED MUSHROOMS; DRIED BAMBOO SHOOTS; DRIED LOTUS SEEDS; DRIED FOX NUTS; DRIED PEARL BARLEY; DRIED LILY BULBS; DRIED RED DATES; DRIED VEGETABLES; DRIED HERBS; DRIED ALMONDS; FRIED ALMONDS; DRIED HAW SLICES; DRIED EDIBLE FLOWERSClass 029 for DRIED MUSHROOMS; DRIED BAMBOO SHOOTS; DRIED LOTUS SEEDS; DRIED FOX NUTS; DRIED PEARL BARLEY; DRIED LILY BULBS; DRIED RED DATES; DRIED VEGETABLES; DRIED HERBS; DRIED ALMONDS; FRIED ALMONDS; DRIED HAW SLICES; DRIED EDIBLE FLOWERS
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 10/16/2008 and first used in commerce at least as early as 10/16/2008 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "BRAND" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /jgb/     Date: 12/20/2011
Signatory's Name: Jessica G. Bower
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 516-431-1177

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: 76707207
Internet Transmission Date: Tue Dec 20 11:28:15 EST 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20111220112815051
918-76707207-490135b6ea084406bdc354e148d
0ecb42-N/A-N/A-20111220111623300127