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. 77191604 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 007 for Electric kitchen appliances; namely, ice shavers; coffee grinders; food and beverage blenders; food and beverage mixers; food processors; food choppers; drink mixers; juice extractors; electric knives; electric can openers, food grinders; glass washers; fractional horsepower electric motors; vacuum cleaners; electric motors for sewing machines and other fractional horse power electric motors; and electric scissors
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 007 for Electric kitchen appliances; namely, ice shavers; coffee grinders; food and beverage blenders; food and beverage mixers; food processors; food choppers; drink mixers; juice extractors; electric knives; electric can openers, food grinders; glass washers; fractional horsepower electric motors for machines; vacuum cleaners; electric motors for sewing machines and other fractional horse power electric motors for machines; and electric scissors
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 proposes to amend the following class of goods/services in the application:
Current: Class 008 for Non-electric kitchen apparatus, namely, food choppers; hand operated slicers; forks, knives and spoons; tongs; non-electric can openers; dough choppers; pizza cutters; meat mallets; fruit and vegetable peelers; potato ricers; potato mashers; bottle openers; and jar openers
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 008 for Non-electric kitchen apparatus, namely, food choppers; hand operated slicers; forks, knives and spoons;; non-electric can openers; dough choppers; pizza cutters; meat mallets; fruit and vegetable peelers; potato ricers; potato mashers; bottle openers; and jar openers; citrus zester; fruit corers
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 proposes to amend the following class of goods/services in the application:
Current: Class 009 for Garment care appliances, namely, electric steam irons; and measuring cups and measuring spoons
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 009 for Garment care appliances, namely, electric steam irons; and measuring cups and measuring spoons; electric hair setters
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 proposes to amend the following class of goods/services in the application:
Current: Class 011 for Electric domestic and kitchen appliances, namely, ice tea makers; indoor grills; sandwich toasters; coffee makers; toaster ovens; microwave ovens; kettles; griddles; skillets; roaster ovens; slow cookers; hot plates; deep fryers, ice cream makers; waffle makers; rice cookers; air filters for domestic use, air purifiers, odor eliminators; humidifiers, humidifier filters; and non-electric cookware, namely, pot; pans; colanders; steamers; pressure cookers; and pot racks; water dispensers; electric hair dryers; and electric hair setters
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 011 for Electric domestic and kitchen appliances, namely, ice tea makers; indoor grills; sandwich toasters; coffee makers; toaster ovens; microwave ovens; kettles; griddles; skillets; roaster ovens; slow cookers; hot plates; deep fryers, ice cream makers; waffle makers; rice cookers; air filters for domestic use, air purifiers, odor eliminators; humidifiers, humidifier filters; and; pressure cookers; water dispensers; electric hair dryers
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 proposes to amend the following class of goods/services in the application:
Current: Class 021 for Non-electric kitchen apparatus, namely, food and beverage blenders and mixers; cookie presses; barbeque forks, kitchen utensil holders; cutting boards; espresso makers; funnels; coffee urns; percolators; coffee filters; glass carafes; household and kitchen utensils, namely, graters; ladles; spatulas; serving spoons; cake servers; whisks; basters; bottle openers; fat skimmers; garlic presses; dough scrapers; dough blenders; citrus zesters; melon ballers, fruit corers; pie servers; ice cream scoops, ice cream spades; spaghetti claw-servers; splatter screens for kitchen use; basting brushes; pastry brushes; bakeware; cookie scoops; sifters; non-electric cooking containers made of glass, porcelain or ceramic material
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 021 for Serving tongs; non-electric cookware, namely, pot; pans; colanders; steamers; non-electric kitchen apparatus, namely, food and beverage blenders and mixers; cookie presses; barbeque forks, kitchen utensil holders; cutting boards; non-electric espresso makers; funnels; coffee urns; non-electric coffee percolators; coffee filters not of paper being part of a non-electric coffee maker; glass carafes; household and kitchen utensils, namely, graters; ladles; spatulas; serving spoons; cake servers; whisks; basters; fat skimmers; garlic presses; dough scrapers; manual dough blenders; melon ballers, pie servers; ice cream scoops, ice cream spades; spaghetti claw-servers; splatter screens for kitchen use; basting brushes; pastry brushes; bakeware; cookie scoops; sifters; non-electric cooking containers made of glass, porcelain or ceramic material
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 020 for Pot racks
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 $325 is being submitted.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /David C. Lee/     Date: 09/13/2007
Signatory's Name: David C. Lee
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.

        
RAM Sale Number: 2256
RAM Accounting Date: 09/14/2007
        
Serial Number: 77191604
Internet Transmission Date: Thu Sep 13 18:35:00 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-200709131835009103
55-77191604-400e320d7d98904c27cefe2699ab
72704e-DA-2256-20070913182934270105