UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/164416
APPLICANT: BALL PACKAGING EUROPE GMBH
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*78164416*
October 19, 2007 |
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CORRESPONDENT ADDRESS: Robert W. Becker Robert W. Becker & Associates 797 State Highway 333, Suite B Tijeras NM 87059-7507
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RETURN ADDRESS: Commissioner for TrademarksP. O. Box 1451Alexandria, VA 22313-1451
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MARK: FRESHCAN
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: kduffett@rwbecker.com |
Please provide in your correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Notice. 3. Attn: Intent to Use Unit 4. Your telephone number and e-mail address.
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Serial Number 78164416
The request to divide application serial no. 78164416, filed on September 24, 2007, has been processed as follows:
(1) Parent (original) application serial no. 78164416 contains the following International Class 29- (Filled beverage containers, namely cans, kegs or barrels, entirely or primarily made of metal, and optionally filled by carbon dioxide and/or nitrogen and/or other gases, or having carbonization, which contain non-alcoholic beverages, namely milk, flavored milks, dairy-based beverages, namely milkshakes, milk-containing beverages, whey, whey-containing drinks, dairy-based food-beverages, chocolate-flavored drinks, namely pre-mixed beverages, vegetable-based chocolate beverages, vegetable-based food beverages, chocolate dairy-based beverages, and/or containing concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or for the preparation of beverages, optionally included with a liquid for such preparation; milk, flavored milks, dairy-based beverages, namely milkshakes, milk-containing beverages, whey, whey-containing drinks, dairy-based food-beverages, chocolate-flavored drinks, namely pre-mixed beverages, vegetable-based chocolate beverages, vegetable-based food beverages, and chocolate dairy-based beverages, and/or concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powders granulates, crystals, amorphous solids, all for flavoring or for the preparation of beverages, optionally included with a liquid for such preparation ). To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use before expiration of the notice of allowance or current extension period. 37 C.F.R. §§2.88(a) and 2.89(g).
(2) Child application serial no. 78979375 contains the following International Class 5- (Filled beverage containers, namely cans, kegs, or barrels, entirely or primarily made of metal, and optionally filled by carbon dioxide and/or nitrogen and/or other gases, or having carbonization, which contain dietary supplement drinks, meal replacement drinks, and/or containing concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or preparing dietary supplement drinks or meal replacement drinks, optionally included with a liquid for such preparation; dietary supplement drinks, meal replacement drinks, concentrates, syrups, extracts, essences, and/or solids, namely, powders, press-powder granulates, crystals, amorphous solids, all for flavoring or preparation of dietary supplement drinks or metal replacement drinks, optionally included with a liquid for such preparation). A statement of use filed on September 21, 2007, has been placed in the child application and routed to the examining attorney for examination.
37 C.F.R. §2.87; TMEP §§1110 et seq.
Please contact the undersigned with any questions regarding the request to divide.
Sincerely,
/Celia Abednego/
Paralegal Specialist
ITU/ Divisional Unit
571-272-9492
Celia.Abednego@uspto.gov
No response to this notice is required
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.