Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

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):  The trademark examining attorney is amending the application as follows.  No prior approval or authorization from applicant or applicant’s attorney is required.  TMEP §707.02. Applicant did not respond to the previously issued Office action within six months of the mailing date of the action.  The outstanding refusal(s) or requirement(s) applied to only a portion of the application.  Therefore, a portion of the application is abandoned.  37 C.F.R. §2.65(a). 

 

The wording “deli salads”, “packaged salads” and “corn nuts®” is hereby deleted from Class 29 and the wording “” is hereby deleted from Class 30.  The application will proceed with the following identification for Classes 29 and 30: 

 

“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, Mexican dinners consisting primarily of carne asada, chili verde, carnitas, chorizo, pork, beef and chicken; 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, frozen fresh potatoes, fresh vegetable salads, snack mix consisting primarily of candied nuts, fruit-based fillings for pies, whipped cream based fillings for pies, meat based fillings for pies; and potato chips” in Class 29.

 

“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, 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, bread crumbs, croutons, Mexican sauces, Mexican dinners comprised primarily of tacos, burritos, chimichangas, enchiladas, tamales, chili rienos, taquitos, flautes, tostadas, gorditias; 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, tortilla chips, cheese puffs, cheese crunchies and popped popcorn; 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” in Class 30.

 

 

Applicant may petition to revive the portion that abandoned if the failure to respond was unintentional.  A petition must be filed within two (2) months of the mailing date of this action; it may be filed online at http://www.gov.uspto.report/teas/index.html.  37 C.F.R. §2.66; TMEP §1714.01(d). 

 

If applicant disagrees with or objects to any of the amendments, please notify the undersigned trademark examining attorney immediately.  Otherwise, no response is necessary.  TMEP §707.

 

 

 

 

 

 

/kbp/

Kimberly Boulware Perry

Attorney - Law Office 112

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

direct email: kimberly.perry@uspto.gov

 

 

NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS:  In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant.  Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.gov.uspto.report/external/portal/tow.  The Office action will not be attached to the e-mail notice.  Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address.  TDR is available 24 hours a day, seven days a week, including holidays and weekends.  This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.