To: | PERFORMANCE FOOD GROUP COMPANY, LLC (mholloway@mcguirewoods.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 78920844 - MAGELLAN - N/A |
Sent: | 12/3/2009 8:54:20 AM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/920844
MARK: MAGELLAN
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: PERFORMANCE FOOD GROUP COMPANY, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 12/3/2009
OFFICE SEARCH: The examining attorney has searched the Office’s database of registered and pending marksand has found no conflicting marks thatwould bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
AMENDMENT: In accordance with the authorization granted by 707.02, the application has been AMENDED as indicated below. Please advise the undersigned examining attorney immediately if there is an objection to the amendment. Otherwise, no response is necessary. TMEP §707.
If the identification of goods and/or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).
Applicant did not respond to the previously issued Office action within six months of the date of issuance of the action. The outstanding refusal(s) and/or requirement(s) applied to only a portion of the application. Therefore, a portion of the application is abandoned. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §718.02(a).
The application will proceed with the following identification:
Imported meats, processed foods, namely, food package combinations consisting primarily of cheese, meat and/or processed fruit, processed fruits and vegetables, edible oils, vegetable oils, olive oils, and cooking oil, International Class 29; and
Imported staple foods, namely, food package combinations consisting primarily of pasta or rice, vinegar and spices, bakery desserts, chocolate decorations for desserts, desserts, namely, dessert mousse, dessert pudding, dessert souffles, and chocolate, International Class 30; and
Imported fresh and raw herbs, International Class 31.
The remaining portion of the identification that was the subject of the partial refusal(s) and/or requirement(s) will be deleted from the application, namely, imported fresh and raw fruits, vegetables and grains.
Applicant may petition to revive the portion of the application that abandoned, if the failure to respond was unintentional. A petition must be filed within two months of the date of issuance of this action and can be filed online at http://www.gov.uspto.report/teas/index.html. 37 C.F.R. §2.66(a); TMEP §§718.02(a), 1714.01(d).
/Brendan D. McCauley/
Brendan D. McCauley
Examining Attorney
Law Office 114
571-272-9459
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.