Offc Action Outgoing

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:	4/3/2006 7:45:39 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

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 e-mail address.

OFFICE ACTION

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

Serial Number 78/556566

Upon further Office review, it has been determined that the mark may not be published for opposition because:

The wording “pie fillings” which appears in Class 30 identifies goods would correctly be classified are in Class 29 if specified as fruit based pie fillings and in Class 30 only if specified as custard or chocolate;

The wording “Mexican dinners and salty snacks” in Class 30 is indefinite;

The applicant has classified “frozen baked potatoes” in Class 30. The correct classification is Class 29. The applicant must transfer “frozen baked potatoes” to Class 29.

If applicant should fail to respond to this Office action within the six month time limit, then objected to goods will be deleted from the application and the application will proceed forward for the remaining goods and Class(es) only. 37 C.F.R. §2.65(a).

/kbp/

Kimberly Boulware Perry

Attorney - Law Office 112

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

direct email: kimberly.perry@uspto.gov

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html. If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS. NOTE: Do not respond by e-mail. THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name. NOTE: The filing date of the response will be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing. 37 C.F.R. §2.197.

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.