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 |
77828112 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (020)(no change) |
GOODS AND/OR SERVICES SECTION (030)(current) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours, cereal preparations, namely, breakfast cereals and processed
cereals; bread, pastries, confectionery chips for baking, honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, sauces; spices; ice for refreshment; coffee-based
beverages; cocoa-based beverages; chocolate-based beverages; tea-based beverages; chocolate; ice tea; edible ice; fondants containing almonds; cookies and biscuits; cakes; chewing gum; crackers; ice
cream; muesli; oat-based food, namely, oatmeal, processed and rolled oats; pasta; peanut butter confectionery chips; sherbets; flavored ices; sugar confectionery; frozen yogurt |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (030)(proposed) |
INTERNATIONAL CLASS |
030 |
TRACKED TEXT DESCRIPTION |
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours, cereal
preparations, namely, breakfast cereals and processed cereals; bread, pastries, confectionery chips for baking, honey, treacle; yeast, baking
powder; salt, mustard; vinegar, condiments, namely, sauces; spices; ice for
refreshment; coffee-based beverages; cocoa-based beverages; chocolate-based beverages; Chocolate-based beverages with milk; tea-based beverages; chocolate; ice tea;
iced tea; edible ice; fondants containing almonds; cookies and biscuits;
cakes; chewing gum; crackers; ice cream; muesli; oat-based food, namely, oatmeal, processed and rolled oats; pasta; peanut butter confectionery chips; sherbets; flavored ices; sugar confectionery; Confectionery made of sugar;
frozen yogurt |
FINAL DESCRIPTION |
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours, cereal preparations, namely, breakfast cereals and processed
cereals; bread, pastries, confectionery chips for baking, honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, sauces; spices; ice for refreshment; coffee-based
beverages; cocoa-based beverages; Chocolate-based beverages with milk; tea-based beverages; chocolate; iced tea; edible ice; fondants containing almonds; cookies and biscuits; cakes; chewing gum;
crackers; ice cream; muesli; oat-based food, namely, oatmeal, processed and rolled oats; pasta; peanut butter confectionery chips; sherbets; flavored ices; Confectionery made of sugar; frozen
yogurt |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032)(no change) |
ADDITIONAL STATEMENTS SECTION |
PRIOR REGISTRATION(S) |
The applicant claims ownership of U.S. Registration Number(s) 1903261, 2087964, 2343853, and others. |
MISCELLANEOUS STATEMENT |
Chocolate-based beverages with milk is found in the identification manual. Confectionery made of sugar is found in the identification manual.
Applicant has retained the wording "lozenges and powders for effervescent beverages." This wording is found in recently issued Registration No. 3587198. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/george lewis/ |
SIGNATORY'S NAME |
George W. Lewis |
SIGNATORY'S POSITION |
Attorney of record, DC bar member |
DATE SIGNED |
05/25/2010 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue May 25 09:14:50 EDT 2010 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.X-201
00525091450940642-7782811
2-460c0d28fa245ed7224e6c7
1928a3d9be6c-N/A-N/A-2010
0525090629871833 |
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.
77828112 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 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours, cereal preparations, namely, breakfast cereals and processed cereals; bread, pastries,
confectionery chips for baking, honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, sauces; spices; ice for refreshment; coffee-based beverages; cocoa-based beverages;
chocolate-based beverages; tea-based beverages; chocolate; ice tea; edible ice; fondants containing almonds; cookies and biscuits; cakes; chewing gum; crackers; ice cream; muesli; oat-based food,
namely, oatmeal, processed and rolled oats; pasta; peanut butter confectionery chips; sherbets; flavored ices; sugar confectionery; frozen yogurt
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:
Tracked Text Description: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee;
flours, cereal preparations, namely, breakfast cereals
and processed cereals;
bread, pastries, confectionery chips for baking, honey, treacle;
yeast, baking powder;
salt,
mustard;
vinegar, condiments, namely, sauces;
spices;
ice for refreshment;
coffee-based
beverages;
cocoa-based beverages;
chocolate-based beverages;
Chocolate-based beverages with
milk;
tea-based beverages;
chocolate;
ice tea;
iced tea;
edible ice;
fondants containing almonds;
cookies and biscuits;
cakes;
chewing gum;
crackers;
ice cream;
muesli;
oat-based food, namely, oatmeal,
processed and rolled oats;
pasta;
peanut butter confectionery chips;
sherbets;
flavored
ices;
sugar confectionery;
Confectionery made of sugar;
frozen yogurtClass 030 for
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours, cereal preparations, namely, breakfast cereals and processed cereals; bread, pastries, confectionery chips for baking,
honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, sauces; spices; ice for refreshment; coffee-based beverages; cocoa-based beverages; Chocolate-based beverages with
milk; tea-based beverages; chocolate; iced tea; edible ice; fondants containing almonds; cookies and biscuits; cakes; chewing gum; crackers; ice cream; muesli; oat-based food, namely, oatmeal,
processed and rolled oats; pasta; peanut butter confectionery chips; sherbets; flavored ices; Confectionery made of sugar; frozen yogurt
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)).
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 1903261, 2087964, 2343853, and others.
Chocolate-based beverages with milk is found in the identification manual. Confectionery made of sugar is found in the identification manual. Applicant has retained the wording "lozenges and powders
for effervescent beverages." This wording is found in recently issued Registration No. 3587198.
SIGNATURE(S)
Response Signature
Signature: /george lewis/ Date: 05/25/2010
Signatory's Name: George W. Lewis
Signatory's Position: Attorney of record, DC 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: 77828112
Internet Transmission Date: Tue May 25 09:14:50 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201005250914509406
42-77828112-460c0d28fa245ed7224e6c71928a
3d9be6c-N/A-N/A-20100525090629871833