Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78703237 has been amended as follows:
Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 007 for Food slicing machines, food cutting machines, vegetable peeling machines, food mixers; attachments for food mixers-namely, meat and food choppers, fruit and vegetable slicers, knife and tool sharpeners, beaters, knives, dough hooks, oil and liquid dispensers, juice extractors, and tray supports; and food machine supporting stands
Original Filing Basis: 1(a).
Proposed: Class 007 for Food slicing machines, food cutting machines, vegetable peeling machines, food mixers; attachments for food mixers-namely, meat and food choppers, fruit and vegetable slicers, knife and tool sharpeners, beaters, knives, dough hooks, oil and liquid dispensers, juice extractors, and tray supports in the nature of holders for holding the aforementioned electric food mixer attachments onto electronic food mixers; and food machine supporting stands.
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 10/00/1948 and first used in commerce at least as early as 10/00/1948, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 007.
The specimen(s) submitted consists of The first attachment shows use of the mark on a sales guide for the mixer with a photo of the mixer. The second attachment is a photo of the bowl cutter attachment showing the mark on the center left hand side. The third specimen is a photo of a vegetable slicer attachment with the mark chown on the bottom left hand side..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2
Specimen File3

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Food fat content analyzers
Original Filing Basis: 1(a).
Proposed: Class 009 for Food fat content analyzers
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 12/00/1967 and first used in commerce at least as early as 12/00/1967, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 009.
The specimen(s) submitted consists of This specimen is a photo of the fat analyzer with the mark on the lower left hand side..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1


Procedural Matters/Informalities
Applicant proposes to amend the following:
Original: Univex Corporation, a corporation of DE, having an address of 3 Old Rockingham Road Salem, New Hampshire US 03079, whose phone number is (603) 893-6191, whose phone number is (603) 893-1249.
Proposed: Univex Corporation, a corporation of Delaware, having an address of 3 Old Rockingham Road Salem, New Hampshire US 03079, whose phone number is (603) 893-6191 and whose fax number is (603) 893-1249.

Additional Statements

"Applicant claims ownership of U.S. Registration Number(s) 0629913."

"The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement."

"The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s) 0629913. "

"Univex appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language."

Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /John J. Siciliano/      Date: 08/25/2006
Signatory's Name: John J. Siciliano
Signatory's Position: Attorney

Response Signature
Signature: /John J. Siciliano/     Date: 08/25/2006
Signatory's Name: John J. Siciliano
Signatory's Position: Attorney
        
Serial Number: 78703237
Internet Transmission Date: Fri Aug 25 10:18:49 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2006082510184929
5999-78703237-34049d2732a932df0535dfbb4d
42c7151ef-N/A-N/A-20060825100145311378