Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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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. 77683528 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 029 for Frozen fruit and frozen vegetables; frozen packaged fruit and/or vegetable-based entrees, with fruit whole or cut in pieces
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)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number __________ filed 02/12/2009]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 029 for Frozen fruit and frozen vegetables; frozen packaged fruit and/or vegetable-based entrees, with fruit whole or cut in pieces
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)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1427653 filed 02/12/2009]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Frozen fruit popsicles; frozen fruit bars; frozen fruit puree on a stick, in a hand-held container, or in a tube
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)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1427653 filed 02/12/2009]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Frozen fruit popsicles; Frozen fruit confections; frozen fruit bars; frozen fruit puree on a stick, in a hand-held container, or in a tubeClass 030 for Frozen fruit confections; frozen fruit bars; frozen fruit puree on a stick, in a hand-held container, or in a tube
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)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1427653 filed 02/12/2009]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Non-alcoholic energy fruit drinks in a hand-held container; non-alcoholic fruit juice in a hand-held container
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed: Class 032 for Non-alcoholic energy fruit drinks in a hand-held container; non-alcoholic fruit juice in a hand-held container
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)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1427653 filed 02/12/2009]. 15 U.S.C.Section 1126(d), as amended.

ADDITIONAL STATEMENTS
Please retain both Sections 1(b) and 44 as bases for this application. Please suspend further action pending final disposition of the corresponding Canadian application.

SIGNATURE(S)
Response Signature
Signature: /Mark Harrison/     Date: 08/29/2010
Signatory's Name: Mark Harrison
Signatory's Position: Attorney of record, D.C. 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.

        
Serial Number: 77683528
Internet Transmission Date: Sun Aug 29 14:19:13 EDT 2010
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2010082914191362
4336-77683528-470d4c2febfb1bcb9ef771857e
5f639c0-N/A-N/A-20100829135511598320