Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77045098 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 SAUCES, SEASONINGS AND SPICES; MIXES FOR SAUCES, BAKING AND SOUPS; BAKED GOODS; CANDIES AND SWEETS; PREPARED AND PACKAGED ENTREES; PREPARED PASTA; COFFEE AND TEAS
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Proposed: Class 030 for SAUCES, SEASONINGS AND SPICES; MIXES FOR SAUCES; MIXES FOR BAKERY GOODS; BAKERY GOODS; SWEETS, NAMELY CANDIES; PREPARED AND PACKAGED ENTREES CONSISTING PRIMARILY OF PASTA OR RICE; PREPARED PASTA; COFFEE AND TEA
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS
Pursuant to the Examining Trademark Attorney, Applicant has amended the identification of the goods. The Examining Attorney also requests that Applicant submit a statement that “‘CURTIS STONE’ identifies a living individual whose consent is of record.” Applicant notes that since he is the individual identified in the CURTIS STONE mark, and has submitted a declaration signed by him, his consent to the registration of this mark is already presumed in accordance with TMEP §1206.03 (b). Thus, there is no reason for Applicant to submit the requested statement or file a formal written consent. Applicant notes with appreciation that a search of the Patent and Trademark Office records does not disclose any pending or registered mark that could bar the registration of Applicant’s mark. Applicant thanks the Examining Attorney for her more than helpful comments and suggestions, and it is believed that the application is now in condition to be approved for publication. Prompt and favorable action is respectfully requested.

SIGNATURE(S)
Response Signature
Signature: /Stephen J. Strauss/     Date: 09/20/2007
Signatory's Name: Stephen J. Strauss
Signatory's Position: Attorney for Applicant

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: 77045098
Internet Transmission Date: Thu Sep 20 19:31:04 EDT 2007
TEAS Stamp: USPTO/ROA-X.XX.XX.XX-2007092019310449416
5-77045098-400c7b8fa465325baddac8154ed84
a7ce-N/A-N/A-20070920192723598079