Examiners Amendment

PERFECT CHOICE

The Penn Traffic Company

TRADEMARK APPLICATION NO. 78556566 - PERFECT CHOICE - PENNT0131US

To: The Penn Traffic Company (DOtto@RennerOtto.com)
Subject: TRADEMARK APPLICATION NO. 78556566 - PERFECT CHOICE - PENNT0131US
Sent: 5/17/2006 10:22:51 AM
Sent As: ECOM112@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 78/556566

 

    APPLICANT:         The Penn Traffic Company

 

      

 

*78556566*         

 

    CORRESPONDENT ADDRESS:

DONALD L.  OTTO

RENNER, OTTO, BOISSELLE & SKLAR, LLP

NINETEENTH FLOOR

1621 EUCLID AVENUE

CLEVELAND, OH 44115-2191

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

If no fees are enclosed, the address should include the words "Box Responses - No Fee."

    MARK:          PERFECT CHOICE

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   PENNT0131US

 

    CORRESPONDENT EMAIL ADDRESS: 

 DOtto@RennerOtto.com

Please provide in all correspondence:

 

1.  Filing date, serial number, mark and

     applicant's name.

2.  Date of this Office Action.

3.  Examining Attorney's name and

     Law Office number.

4.  Your telephone number and email address.

 

 

Serial Number  78/556566

 

 

EXAMINER’S AMENDMENT

 

ADVISORY – AMENDMENTS TO GOODS/SERVICES:  If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).

 

AMENDMENT(S) AUTHORIZED:  As authorized by Don Otto on May 17, 2006, the application is amended as noted below.  If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately.  Otherwise, no response is necessary.  TMEP §707.

 

The Class 29 identification of goods is amended to read as follows: 

 

cooking oil, cooking oil spray, shortening, evaporated and condensed milk, powdered milk, coffee non-dairy creamers, canned and bottled fruit, canned meat, canned fish, grated Parmesan cheese, peanut butter, jams, jellies, fruit preserves, fruit-based spreads, pickles, relish, ripe olives, Spanish olives, pimentos, peppers, raisins, prunes, dried fruit, processed potatoes, soup, canned tomatoes, canned vegetables, wet pack beans, namely, dark red and light red kidney beans, butter beans, garbanzo beans, black-eyed beans, red beans, pinto beans, navy beans, black beans, baked beans, chili beans, and pork and beans; refried beans, canned mushrooms, fresh meats, fresh pork, fresh chicken, frozen fresh processed meats, frozen fresh seafood, frozen fresh processed seafood, frozen fresh shrimp, frozen fresh lobster, frozen fresh crab, frozen crab cakes, deli meats, deli salads, packaged salads, jarred garlic, canned and bagged peanuts, milk, eggs, cheese, cream cheese, cottage cheese, ricotta cheese, yogurt, margarine, butter, vegetable based spreads, snack dips excluding salsa and other sauces used as dips, sour cream, fruit toppings, nut toppings, whipped toppings, frozen fish sticks and fillets, frozen fruit, frozen vegetables,frozen baked potatoes, fresh vegetable salads, corn nuts, and snack mix consisting primarily of processed nuts, fruit-based fillings for pies, whipped cream based fillings for pies and meat based filling for pies.

 

The Class 30 identification of goods is amended to read as follows: 

 

mixes for baking products, frostings, sugar, sugar substitutes, flour, custard or chocolate-based fillings for pies, breakfast cereals, hot cereal, instant breakfast, toaster pastries, fruit snacks, granola bars, cereal bars, pancake mix, waffle mix, pancake syrup, powdered drink mixes, cocoa, stuffing mixes, baking mixes, mayonnaise, salad dressings, tartar sauce, chili sauce, cocktail sauce, steak sauce, hot sauce, ketchup, mustard, vinegars, BBQ sauce, marinades, sloppy joe sauce, chocolate and marshmallow toppings, candy, marshmallows, puddings, gelatin mixes, pudding mixes, pasta, gravy mixes, seasoning mixes, spices, extracts, bread crumbs, croutons, Mexican sauces, Mexican dinners comprised primarily of tacos, burritos, chimichangas, enchiladas, tamales, chili rienos, taquitos, flautes, tostadas, gorditias, carne asada, chili verde, carnitas, chorizo, pork, beef and chicken; microwave popcorn, pasta sauce, dry pasta, pizza sauce, honey, marshmallow creme, prepared rice, prepared rice mixes, macaroni and cheese, mix for making combined noodle and sauce dish, breads, rolls, pastries, cakes, doughnuts, bagels, cookies, ice cream, ice cream novelties, ice cream cones, salty snacks, namely, pretzels, corn chips, potato chips, tortilla chips, cheese puffs, cheese crunchies and popped popcorn; snack mix consisting primarily of candied nuts, bread dough, taco shells, tortilla shells, frozen pie shells, frozen garlic bread and toast, frozen pot pies, frozen pizza snacks, frozen cereal-based snack foods, frozen rice-based snack foods, frozen wheat-based snack foods, frozen pizza bagels, frozen pasta, frozen pizza, frozen waffles, frozen French toast, and unpopped popcorn.

 

 

 

Please note:  The mark will be published for opposition in due course.

 

 

 

 

 

kperry

/kbp/

Kimberly Boulware Perry

Attorney - Law Office 112

phone: 571-272-9208; fax: 571-273-9112

direct email: kimberly.perr

 

 


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