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. 77114331 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 Tea, cocoa, coffee, coffee substitutes, instant tea, tea-based beverages, cocoa-based beverages, coffee-based beverages; chocolate, chocolates, products containing chocolate; chocolate or confectionery sprinkles or toppings for hot beverages
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Community registration number 000116160 registered 07/06/1998 with a renewal date of __________ and an expiration date of 04/01/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 030 for Tea, cocoa, coffee, coffee substitutes, instant tea, tea-based beverages, cocoa-based beverages, coffee-based beverages; chocolate; products containing chocolate, namely, hot drinking chocolate, chocolate-based beverages, chocolate flavored coffee and coffee beans, chocolate cappuccino, chocolate chai, chocolate flavored tea, chocolate flavored black tea, chocolate honey bush tea; chocolate and confectionary sprinkles and toppings for hot beverages.
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Community registration number 000116160 registered 07/06/1998 with a renewal date of __________ and an expiration date of 04/01/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-63146184126-162454128_._whittard_-_EU_class_30__Dec_05_2007_17_18_09_856.pdf
Converted PDF file(s) (5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services, online retail store services and mail order catalogue services in the fields of food, beverages, household items, tableware and crockery; product and service information to customers
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Community registration number 002023349 registered 04/18/2002 with a renewal date of __________ and an expiration date of 12/21/2010 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 035 for Retail store services, online retail store services and mail order catalogue services in the fields of food, beverages, household items, tableware and crockery; product and service information to customers
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Community registration number 002023349 registered 04/18/2002 with a renewal date of __________ and an expiration date of 12/21/2010 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU1-63146184126-162454128_._whittard_-_EU_class_35__Dec_05_2007_17_15_34_269.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
"Applicant claims ownership of U.S. Registration Number(s) 2671068."

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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). 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: /x Daniel K. Hampton/      Date: 12/05/2007
Signatory's Name: Daniel K. Hampton
Signatory's Position: Attorney of record

Response Signature
Signature: /Elizabeth R. Burkhard/     Date: 12/05/2007
Signatory's Name: Elizabeth R. Burkhard
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: 77114331
Internet Transmission Date: Wed Dec 05 17:39:08 EST 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200712051739080
53258-77114331-4106967159b303dad7f13a75c
5dc885cef-N/A-N/A-20071205162454128035