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. 78902615 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 005 for Air freshening preparations, air purifying preparations, deodorants other than for personal use, home fragrances
Original Filing Basis: 44(e).
Proposed: Class 005 for Air freshening preparations; air purifying preparations; deodorants other than for personal use, namely, household deodorants; home fragrances, namely, room sprays
Filing Basis: 44(e).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 016 for Albums, almanacs, pamphlets, note books, catalogues, pictures, table linen of paper, books, packing paper, plastic film for wrapping, photographs, prospectuses, printed publications, bags made of paper or plastics for packaging, namely, envelopes, pouches, table mats of paper, table napkins of paper
Original Filing Basis: 44(e).
Proposed: Class 016 for Photograph albums; almanacs, pamphlets, catalogues, prospectuses, books and printed publications, namely, newsletters, all in the fields of cooking, restaurants, decoration and design, and/or beauty products; table linen of paper; packing paper; plastic film for wrapping for household use; photographs; bags made of paper or plastics for packaging; envelopes; paper pouches for packaging; table mats of paper; and table napkins of paper
Filing Basis: 44(e).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 021 for Table plates not of precious metal, cookie jars, bread bins, tea caddies not of precious metal, bowls, basins, candlesticks not of precious metal, tea infusers not of precious metal, perfume burners, coffee services not of precious metal, decanters, baskets for domestic use not of precious metal, fruit cups, knife rests for the table, tea strainers not of precious metal, moulds for baking, perfume vaporizers, strainers not of precious metal, trays for domestic purposes not of precious metal, sugar bowls not of precious metal, pie servers, cups not of precious metal, tea pots not of precious metal, tea pots not of precious metal, tableware other than knives, forks and spoons not of precious metal, drinking glasses
Original Filing Basis: 44(e).
Proposed: Class 021 for Table plates not of precious metal; cookie jars; bread bins; tea caddies not of precious metal; bowls; basins; candlesticks not of precious metal; tea infusers not of precious metal; perfume burners; coffee services not of precious metal; decanters; baskets for domestic use not of precious metal, namely, flower baskets and waste baskets; fruit cups; knife rests for the table; tea strainers not of precious metal; moulds for baking; perfume vaporizers sold empty; cooking strainers not of precious metal; trays for domestic purposes not of precious metal; sugar bowls not of precious metal; pie servers; cups not of precious metal; tea pots not of precious metal; tea pots not of precious metal; tableware other than knives, forks and spoons not of precious metal, namely, dishes; drinking glasses
Filing Basis: 44(e).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 030 for Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals; bread, bread rolls, pastries and confectionery, biscuits, buns, cakes, pizzas, sandwiches, tarts, pasta, small pastry; edible ices; honey, golden syrup, yeast, baking-powder; salt, mustard; vinegar, condiments, namely sauces; spices; ice for refreshment; coffee, tea, cocoa, or chocolate-based beverages
Original Filing Basis: 44(e).
Proposed: Class 030 for Coffee; tea; cocoa; sugar; rice; tapioca; sago; artificial coffee; flour; preparations made from cereals, namely, crackers, breakfast cereals, cereal based snack food, ready to eat cereal derived food bars; bread; bread rolls; pastries; and confectionery, namely, pastilles, candy, cakes, cookies; biscuits; buns; cakes; pizzas; sandwiches; tarts; pasta; small pastry; edible ices; honey; golden syrup, namely, table syrup and pancake syrup; yeast; baking-powder; salt; mustard; vinegar, condiments, namely sauces; spices; ice for refreshment; Coffee based beverages containing milk; Tea-based beverages with fruit flavoring; Cocoa beverages with milk; and Chocolate food beverages not being dairy-based or vegetable based
Filing Basis: 44(e).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 043 for Restaurants, self-service restaurants, cafeterias, cafés, providing food and drinks in restaurant, tea-rooms, food and drink catering, grill houses; snack-bars, bars
Original Filing Basis: 44(e).
Proposed: Class 043 for Restaurants; restaurant services; restaurants, namely, self-service restaurants, cafeterias, cafés, providing food and drinks in restaurant, tea-rooms, food and drink catering, grill houses, snack-bars, and bars
Filing Basis: 44(e).
Additional Statements

Applicant has amended its identification of goods and services in response to the issues raised by the Examining Attorney in the office action of November 18, 2007. This amendment clarifies the identification of goods further to the examining attorney’s helpful comments and in a manner that is amply particular. Additionally, Applicant has made of record a copy and English translation of recordal materials showing that Applicant’s change of name was recorded the Swiss Registry in support of the relied upon registration prior to the application filing date. Further, upon information and belief, Applicant is unaware of an English translation for the wording in the mark. Having responded to these issues, Applicant kindly requests passage to publication. Respectfully submitted,
Micellaneous File1
Micellaneous File2

Response Signature
Signature: /ml/     Date: 05/18/2007
Signatory's Name: Mark Lebow
Signatory's Position: Applicant's U.S. Attorney

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
        
Serial Number: 78902615
Internet Transmission Date: Fri May 18 13:46:47 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200705181346475000
71-78902615-37015dbba83ca3ba0683415c56e4
eb4732-N/A-N/A-20070518132907389735