| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
78920844 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
| MARK SECTION (no change) |
| ARGUMENT(S) |
|
In response to the Examiner's varietal name refusal, Applicant states that it has never used MAGELLAN as a varietal name and it does not own a plant patent under such name.
Applicant reserves its response to the Section 2(d) refusal until final disposition of Application Serial No. 76123680.
|
| GOODS AND/OR SERVICES SECTION (029)(current) |
| INTERNATIONAL CLASS |
029 |
| DESCRIPTION |
imported meats, processed foods, and oils |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (029)(proposed) |
| INTERNATIONAL CLASS |
029 |
| DESCRIPTION |
| 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 |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (030)(current) |
| INTERNATIONAL CLASS |
030 |
| DESCRIPTION |
imported staple foods, vinegar and spices, desserts |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (030)(proposed) |
| INTERNATIONAL CLASS |
030 |
| DESCRIPTION |
| 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 |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (031)(no change) |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
| RESPONSE SIGNATURE |
/Melanie C. Holloway/ |
| SIGNATORY'S NAME |
Melanie C. Holloway |
| SIGNATORY'S POSITION |
Attorney for Applicant |
| DATE SIGNED |
04/20/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Apr 20 12:52:12 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.X-200
70420125212632885-7892084
4-370768675341236eeda4ca1
dc83a5a1e755-N/A-N/A-2007
0420123753798998 |
| 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.
78920844 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
In response to the Examiner's varietal name refusal, Applicant states that it has never used MAGELLAN as a varietal name and it does not own a plant patent under such name.
Applicant reserves its response to the Section 2(d) refusal until final disposition of Application Serial No. 76123680.
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 029 for imported meats, processed foods, and oils
Original Filing Basis: 1(b).
Proposed: Class 029 for 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
Filing Basis: 1(b).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 030 for imported staple foods, vinegar and spices, desserts
Original Filing Basis: 1(b).
Proposed: Class 030 for 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
Filing Basis: 1(b).
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /Melanie C. Holloway/ Date: 04/20/2007
Signatory's Name: Melanie C. Holloway
Signatory's Position: Attorney for Applicant
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: 78920844
Internet Transmission Date: Fri Apr 20 12:52:12 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-200704201252126328
85-78920844-370768675341236eeda4ca1dc83a
5a1e755-N/A-N/A-20070420123753798998