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. 76709323 UNI-PRESIDENT (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76709323) has been amended as follows:

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

Marcia Auberger is no longer with Venable LLP. Please kindly amend the Attorney of Record to Janet Satterthwaite at the same firm and address--Venable LLP.  Please delete mauberger@venable.com as the email address and please send future correspondence by regular mail, not email.  Thank you. The online form does not allow this change.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for animal milk, flavored milk, lactic acid bacteria drinks, yoghurt drinks, rice milk, soy milk, soy milk with honey, cream, powdered milk, cheese, tofu puddings, tofu pudding mixes, powdered soy milk, ginger sauces, edible oils, edible fat (animal and vegetable oils for cooking), salad oils, olive oils. sunflower oils. jelly, tea ielly, coffee jelly, meats and their products, dried meat floss, sausages, beef/pork jerky, hams, hot dog meats. aquatic products (not live), fish paste products, dried fish floss, fish balls, oden primarily consisting of fish paste products, instant prepared meat packs, instant frozen prepared seafood packs, gravy, meat soup, fish soup, dried fruits and vegetables, frozen fruits and vegetables, seaweed, dehydrated fruits and vegetables, glace fruits and vegetables, pickles, instant prepared vegetable packs, vegetable soups, red bean soups, green bean soups, peanut soups, eggs, meat extracts, chicken extracts, marmalade, tofu, dried bean curd, artificial meats, instant prepared artificial meat packs, soup stock for vegetarians, protein powder additive to foods
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Taiwan registration number 01187143 registered 12/16/2005 with a renewal date of __________ and an expiration date of 12/15/2015 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: animal milk, flavored milk, lactic acid bacteria drinks, yoghurt drinks, rice milk, soy milk, soy milk with honey, cream, powdered milk, cheese, tofu puddings, tofu pudding mixes, powdered soy milk, ginger sauces, edible oils, edible fat (animal and vegetable oils for cooking), salad oils, olive oils. sunflower oils. jelly, tea ielly, coffee jelly, meats and their products, dried meat floss, sausages, beef/pork jerky, hams, hot dog meats. aquatic products (not live), fish paste products, dried fish floss, fish balls, oden primarily consisting of fish paste products, instant prepared meat packs, instant frozen prepared seafood packs, gravy, meat soup, fish soup, dried fruits and vegetables, frozen fruits and vegetables, seaweed, dehydrated fruits and vegetables, glace fruits and vegetables, pickles, instant prepared vegetable packs, vegetable soups, red bean soups, green bean soups, peanut soups, eggs, meat extracts, chicken extracts, marmalade, tofu, dried bean curd, artificial meats, instant prepared artificial meat packs, soup stock for vegetarians, protein powder additive to foods; Animal milk, flavored milk, lactic acid bacteria drinks, yoghurt drinks, rice milk for use as a milk substitute, soy milk, soy milk with honey, cream, powdered milk, cheese, tofu puddings, tofu pudding mixes, powdered soy milk, ginger sauces, edible oils, edible fat, namely, animal and vegetable oils for cooking , salad oils, olive oils, sunflower oils, jelly, tea jelly, coffee jelly, meats and their products, namely, meat, fried shredded meat, poultry meat, fried chicken nugget, crab meat; dried meat floss, sausages, beef/pork jerky, hams, hot dog meats; non-live aquatic products, namely, abalone, scallop, fried shrimps; dried fish floss, fish balls, oden primarily consisting of fish paste products; fish paste products, namely, fish paste, kamaboko fish cake; instant prepared meat pack meals, instant frozen prepared seafood pack meals; gravy, meat soup, fish soup, dried fruits and vegetables, frozen fruits and vegetables, dried edible seaweed, dehydrated fruits and vegetables, glazed fruits and vegetables; pickles, instant prepared vegetable packs for use in prepared meals; vegetable soups, red bean soups, green bean soups, peanut soups, eggs, meat extracts, chicken extracts, marmalade, tofu, dried bean curd, artificial meats, namely, artificial meats made from tofu; instant prepared artificial meat pack meals with artificial meats made from tofu, soup stock for vegetarians made from vegetables, protein powder additive to foodsClass 029 for Animal milk, flavored milk, lactic acid bacteria drinks, yoghurt drinks, rice milk for use as a milk substitute, soy milk, soy milk with honey, cream, powdered milk, cheese, tofu puddings, tofu pudding mixes, powdered soy milk, ginger sauces, edible oils, edible fat, namely, animal and vegetable oils for cooking , salad oils, olive oils, sunflower oils, jelly, tea jelly, coffee jelly, meats and their products, namely, meat, fried shredded meat, poultry meat, fried chicken nugget, crab meat; dried meat floss, sausages, beef/pork jerky, hams, hot dog meats; non-live aquatic products, namely, abalone, scallop, fried shrimps; dried fish floss, fish balls, oden primarily consisting of fish paste products; fish paste products, namely, fish paste, kamaboko fish cake; instant prepared meat pack meals, instant frozen prepared seafood pack meals;gravy, meat soup, fish soup, dried fruits and vegetables, frozen fruits and vegetables, dried edible seaweed, dehydrated fruits and vegetables, glazed fruits and vegetables; pickles, instant prepared vegetable packs for use in prepared meals; vegetable soups, red bean soups, green bean soups, peanut soups, eggs, meat extracts, chicken extracts, marmalade, tofu, dried bean curd, artificial meats, namely, artificial meats made from tofu; instant prepared artificial meat pack meals with artificial meats made from tofu, soup stock for vegetarians made from vegetables, protein powder additive to foods
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Taiwan registration number 01187143 registered 12/16/2005 with a renewal date of __________ and an expiration date of 12/15/2015 ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for tea, tea bags, drinks made of tea, coffee, cocoa, chocolate powder, drinks made of coffee, cocoa or chocolate, coffee and coffee-based drinks, ice cream, popsicles, ice cream bars, salt, seasoning sauces, vinegar, seasonings, spices, sugar, propolis, confectioneries, rice crackers, cookies, cereal snack chips, toast, cakes, bread, hamburger, sandwich, puddings, tarts, steamed buns, green onion pancakes, fish dumplings, egg dumplings, pyramid dumplings, shrimp dumplings, squid dumplings, pork dumplings, rice, wheat, flour, grain flour, mixed grain fiber powder, green bean starch pearls, sago, wafers, congee, cooked rice, rice tube puddings, instant noodles, knife-shaved noodles, noodles, dumplings frozen dumplings, wontons, dough, yeast sweet fermented glutinous rice, meat tenderizers for household purposes
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Taiwan registration number 01184304 registered 12/01/2005 with a renewal date of __________ and an expiration date of 11/30/2015 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: tea, tea bags, drinks made of tea, coffee, cocoa, chocolate powder, drinks made of coffee, cocoa or chocolate, coffee and coffee-based drinks, ice cream, popsicles, ice cream bars, salt, seasoning sauces, vinegar, seasonings, spices, sugar, propolis, confectioneries, rice crackers, cookies, cereal snack chips, toast, cakes, bread, hamburger, sandwich, puddings, tarts, steamed buns, green onion pancakes, fish dumplings, egg dumplings, pyramid dumplings, shrimp dumplings, squid dumplings, pork dumplings, rice, wheat, flour, grain flour, mixed grain fiber powder, green bean starch pearls, sago, wafers, congee, cooked rice, rice tube puddings, instant noodles, knife-shaved noodles, noodles, dumplings frozen dumplings, wontons, dough, yeast sweet fermented glutinous rice, meat tenderizers for household purposes; Tea, tea bags, drinks made of tea, coffee, cocoa, chocolate powder, non-dairy based drinks made of coffee, cocoa and chocolate, coffee and coffee-based drinks, ice cream, ice cream bars, frozen confections, salt, seasoning sauces for cooking, vinegar, seasonings, spices, sugar, propolis for food purposes, confectioneries, namely, candies; rice crackers, cookies, cereal based snack food chips, toast, cakes, bread, hamburger sandwiches, sandwiches, puddings, tarts, steamed buns, green onion pancakes, fish dumplings, egg dumplings, pyramid-shaped pork dumplings, shrimp dumplings, squid dumplings, pork dumplings, rice, processed wheat, flour, grain flour, mixed cereals in powder form, green bean starch pearls, namely, balls made of food starch, sago, wafers, congee, cooked rice, rice tube puddings, instant noodles, knife-shaved noodles, noodles, dumplings, frozen dumplings, wontons, dough, yeast sweet fermented glutinous rice, meat tenderizers for household purposes; mixed herb drinks; herb tea bags; milk tea; plant floral teaClass 030 for Tea, tea bags, drinks made of tea, coffee, cocoa, chocolate powder, non-dairy based drinks made of coffee, cocoa and chocolate, coffee and coffee-based drinks, ice cream, ice cream bars, frozen confections, salt, seasoning sauces for cooking, vinegar, seasonings, spices, sugar, propolis for food purposes, confectioneries, namely, candies; rice crackers, cookies, cereal based snack food chips, toast, cakes, bread, hamburger sandwiches, sandwiches, puddings, tarts, steamed buns, green onion pancakes, fish dumplings, egg dumplings, pyramid-shaped pork dumplings, shrimp dumplings, squid dumplings, pork dumplings, rice, processed wheat, flour, grain flour, mixed cereals in powder form, green bean starch pearls, namely, balls made of food starch, sago, wafers, congee, cooked rice, rice tube puddings, instant noodles, knife-shaved noodles, noodles, dumplings, frozen dumplings, wontons, dough, yeast sweet fermented glutinous rice, meat tenderizers for household purposes; mixed herb drinks; herb tea bags; milk tea; plant floral tea
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Taiwan registration number 01184304 registered 12/01/2005 with a renewal date of __________ and an expiration date of 11/30/2015 ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for fresh fruits and vegetables, live animals, live aquatic products, eggs for hatching, animal feeds, plants, flowers, seeds, silkworms, silkworm eggs, unprocessed timber, animal litter, betel nuts, betel fruits, red lime paste, unprocessed grains
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Taiwan registration number 01187300 registered 12/16/2005 with a renewal date of __________ and an expiration date of 12/15/2015 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: fresh fruits and vegetables, live animals, live aquatic products, eggs for hatching, animal feeds, plants, flowers, seeds, silkworms, silkworm eggs, unprocessed timber, animal litter, betel nuts, betel fruits, red lime paste, unprocessed grains; Fresh fruits and vegetables, live animals, live aquatic products, namely, live fish for food and non-food purposes, and live aquatic animals; eggs for hatching, animal feeds, living plants and flowers, seeds in the nature of flower seeds, grass seeds, rye seeds, bird seeds, fruit seeds, vegetable seeds, herb seeds for planting, unprocessed edible seeds; silkworms, silkworm eggs, unprocessed timber, animal litter, betel nuts, betel fruits, red lime paste for use with betel nuts and betel fruits for chewing; unprocessed grainsClass 031 for Fresh fruits and vegetables, live animals, live aquatic products, namely, live fish for food and non-food purposes, and live aquatic animals; eggs for hatching, animal feeds, living plants and flowers, seeds in the nature of flower seeds, grass seeds, rye seeds, bird seeds, fruit seeds, vegetable seeds, herb seeds for planting, unprocessed edible seeds; silkworms, silkworm eggs, unprocessed timber, animal litter, betel nuts, betel fruits, red lime paste for use with betel nuts and betel fruits for chewing; unprocessed grains
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Taiwan registration number 01187300 registered 12/16/2005 with a renewal date of __________ and an expiration date of 12/15/2015 ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for beer, aerated water, fruit juice, cola, mineral water, mixed herb drinks, herb tea bag, syrup preparations for making beverages, milk tea, sports drinks, drinks containing vinegar, fruit tea, vegetable juice, fruit and vegetable juice, fiber drinks, non-alcohol drinks, drinks rich in grain fiber and protein, drinks containing jelly, konjac or other substances, plant floral tea
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Taiwan registration number 01187023 registered 12/16/2005 with a renewal date of __________ and an expiration date of 12/15/2015 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: beer, aerated water, fruit juice, cola, mineral water, mixed herb drinks, herb tea bag, syrup preparations for making beverages, milk tea, sports drinks, drinks containing vinegar, fruit tea, vegetable juice, fruit and vegetable juice, fiber drinks, non-alcohol drinks, drinks rich in grain fiber and protein, drinks containing jelly, konjac or other substances, plant floral tea; Beer, aerated water, fruit juice, cola, mineral water; syrup preparations for making non-alcoholic beverages, namely, soft drinks; sports drinks, soft drinks containing vinegar; fruit-based soft drinks flavored with tea; vegetable juice, fruit and vegetable juice, fiber drinks, namely, fruit and vegetable fiber soft drinks, non-alcoholic drinks, namely, carbonated and non-carbonated soft drinks; drinks rich in grain fiber and protein, namely, soft drinks containing grain fiber and protein; drinks containing jelly, konjac or other substances namely, soft drinks containing jelly, konjak's and devil's tongueClass 032 for Beer, aerated water, fruit juice, cola, mineral water;syrup preparations for making non-alcoholic beverages, namely, soft drinks; sports drinks, soft drinks containing vinegar; fruit-based soft drinks flavored with tea; vegetable juice, fruit and vegetable juice, fiber drinks, namely, fruit and vegetable fiber soft drinks, non-alcoholic drinks, namely, carbonated and non-carbonated soft drinks; drinks rich in grain fiber and protein, namely, soft drinks containing grain fiber and protein; drinks containing jelly, konjac or other substances namely, soft drinks containing jelly, konjak's and devil's tongue
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Taiwan registration number 01187023 registered 12/16/2005 with a renewal date of __________ and an expiration date of 12/15/2015 ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a stylized bird design with three vertical sloping bands connected with the right portion of the bird design. Immediately below the design is the slightly stylized wording UNI-PRESIDENT.

Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3209886, 2712844, and 1742026.


SIGNATURE(S)
Response Signature
Signature: /Janet F. Satterthwaite/     Date: 07/09/2012
Signatory's Name: Janet F. Satterthwaite
Signatory's Position: Attorney of Record DC and Va Bar

Signatory's Phone Number: 202-344-4974

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: 76709323
Internet Transmission Date: Mon Jul 09 14:15:06 EDT 2012
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201207091415066
94752-76709323-490145ada37b609a9a4264f4d
6b4eecac-N/A-N/A-20120709134338796616