PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77625309 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (class deleted) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Importing and exporting of frozen fish and seafood |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 03/01/2006 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2006 |
GOODS AND/OR SERVICES SECTION (class added) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Frozen seafood; and processed seafood, for human consumption and not live. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 03/01/2006 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2006 |
STATEMENT TYPE |
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the
application." |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT7\IMAGEOUT7 \776\253\77625309\xml1\RO A0002.JPG |
|
\\TICRS\EXPORT7\IMAGEOUT7 \776\253\77625309\xml1\RO A0003.JPG |
|
\\TICRS\EXPORT7\IMAGEOUT7 \776\253\77625309\xml1\RO A0004.JPG |
|
\\TICRS\EXPORT7\IMAGEOUT7 \776\253\77625309\xml1\RO A0005.JPG |
SPECIMEN DESCRIPTION |
The specimen consists of digital pictures of Applicant's packaging featuring the mark. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
325 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Terrence A. Oved/ |
SIGNATORY'S NAME |
Terrence A. Oved, Esq. |
SIGNATORY'S POSITION |
Attorney of Record, New York State Bar Member |
DATE SIGNED |
07/02/2009 |
RESPONSE SIGNATURE |
/Terrence A. Oved/ |
SIGNATORY'S NAME |
Terrence A. Oved, Esq. |
SIGNATORY'S POSITION |
Attorney of Record, New York State Bar Member |
DATE SIGNED |
07/02/2009 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jul 02 13:12:53 EDT 2009 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0090702131253498296-77625
309-430693c5b2abb3bc025a8
d62b1939850-CC-10792-2009
0702125810574758 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77625309 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Importing and exporting of frozen fish and seafood
Applicant hereby adds the following class of goods/services to the application:
New: Class 029 for Frozen seafood; and processed seafood, for human consumption and not live.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2006 and first used in commerce at least as early as 03/01/2006, and is
now in use in such commerce.
Applicant hereby submits a specimen for Class 029. The specimen(s) submitted consists of The specimen consists of digital pictures of Applicant's packaging featuring the mark..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Specimen File3
Specimen File4
FEE(S)
Fee(s) in the amount of $325 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 has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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: /Terrence A. Oved/ Date: 07/02/2009
Signatory's Name: Terrence A. Oved, Esq.
Signatory's Position: Attorney of Record, New York State Bar Member
Response Signature
Signature: /Terrence A. Oved/ Date: 07/02/2009
Signatory's Name: Terrence A. Oved, Esq.
Signatory's Position: Attorney of Record, New York State Bar Member
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: 10792
RAM Accounting Date: 07/02/2009
Serial Number: 77625309
Internet Transmission Date: Thu Jul 02 13:12:53 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2009070213125349
8296-77625309-430693c5b2abb3bc025a8d62b1
939850-CC-10792-20090702125810574758