TEAS Petition to Revive Abandon Applic

PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

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PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

Petition To Revive For Office Action

To the Commissioner for Trademarks:

Application serial no. 77114443 has been amended as follows:
PETITION
Petition Statement

Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.

RESPONSE TO OFFICE ACTION

MARK
Applicant proposes to amend the mark as follows:
Current: STAY-FRESH (Stylized and/or with Design)
The applicant claims color as a feature of the mark, namely, yellow, white and blue.
The mark consists of a blue oval design with the words "STAY-FRESH" appearing in yellow with a dark blue shadowing the letters, in the center, with the words "STAY-FRESH" surrounded by a partial rectangular design (shown in light blue against the blue oval and in white against gray shading as the rectangular design falls outside the blue oval)..

Proposed: STAY-FRESH (Stylized and/or with Design, see mark)

The color(s) The applicant claims color as a feature of the mark, namely, yellow, white and blue. is/are claimed as a feature of the mark. The mark consists of The mark consists of a shaded blue oval design with the words "STAY-FRESH" appearing in yellow in front surrounded by a rectangular design in white..

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

The Applicant submits that there is no need to suspend the application pending final disposition of an earlier filed application for STAYFRESH, Serial No.76/652916 for " Plastic food storage containers for domestic use" because there is no likelihood of confusion between applicant's mark and the prior application. The owners of the prior application no.76/652916 i.e., Resourceful Products, Inc. and the Applicant herein have agreed that the two marks can co-exist and will not create a likelihood of confusion. We are attaching a copy of the agreement for your reference as exhibit.

EVIDENCE
Evidence in the nature of Scanned copy of Agreement between Resourceful Products, Inc. and Kraft Foods Holdings, Inc. has been attached.
Original PDF file:
evi_20622822239-161355877_._Stay_Fresh_Agreement..pdf
Converted PDF file(s) (4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for meats and poultry; packaging for meats and poultry
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 029 for Meats and Poultry
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)).

Applicant hereby adds the following class of goods/services to the application:
New: Class 017 for Plastic films used as packaging for food, namely, meats and poultry
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)).

FEE(S)
Fee(s) in the amount of $425 is being submitted.

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: /shf/      Date: 11/08/2007
Signatory's Name: Susan H. Frohling
Signatory's Position: Sr. Counsel, Global IP-Tradmarks

Petition/Response Signature
Signature: /shf/     Date: 11/08/2007
Signatory's Name: Susan H. Frohling
Signatory's Position: Sr. Counsel, Global IP-Trademarks

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.

        
RAM Sale Number: 2018
RAM Accounting Date: 11/09/2007
        
Serial Number: 77114443
Internet Transmission Date: Thu Nov 08 16:58:12 EST 2007
TEAS Stamp: USPTO/POA-XXX.XXX.XXX.XX-200711081658121
52198-77114443-40024fefd41e6468e1c29e670
2abf635b5-DA-2018-20071108161355877258