Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

---

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79097900 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: BLUE DRAGON (Stylized and/or with Design)
Color is not claimed as a feature of the mark.
Proposed: BLUE DRAGON (Stylized and/or with Design, see mark)

The applicant is not claiming color as a feature of the mark.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

i.  The mark consists of a black rectangle inside of which is a dragon behind two rectangular banners containing highly stylized Latin characters for the words BLUE DRAGON, above the stylized words BLUE DRAGON.   

ii.  Applicant is the owner of U.S. Registration No(s). 3692803.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Preserved, dried, cooked, frozen or processed fruits and vegetables; seaweed; soup pastes; soup and soup preparations; coconut milk for cooking, desiccated coconut; coconut powder; coconut butter; pickles; edible oils; snack foods consisting primarily of meat, fruits and vegetables; prepared meals consisting primarily of meat, fruits and vegetables
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Preserved, dried, cooked, frozen or processed fruits and vegetables; seaweed; processed, edible seaweed; soup pastes; soup and soup preparations; soup and preparations for making soup; coconut milk for cooking, desiccated coconut; coconut powder; coconut butter; pickles; edible oils; snack foods consisting primarily of meat, fruits and vegetables; prepared meals consisting primarily of meat, fruits and vegetablesClass 029 for Preserved, dried, cooked, frozen or processed fruits and vegetables; processed, edible seaweed; soup pastes; soup and preparations for making soup; coconut milk for cooking, desiccated coconut; coconut powder; coconut butter; pickles; edible oils; snack foods consisting primarily of meat, fruits and vegetables; prepared meals consisting primarily of meat, fruits and vegetables

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Aromatic preparations for food; chutneys; sauces; soup flavourings and soup paste; vinegar, spices, condiments; ferments for pastes; noodles, vermicelli noodles; rice; curry paste; cereal preparations; prepared meals consisting primarily of noodles and rice; cereal based snack foods; frozen foods and frozen prepared meals consisting primarily of noodles, rice; preserved garden herbs, dried culinary herbs; stem ginger
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Aromatic preparations for food; Aromatic preparations for food, namely, seasonings and spices; chutneys; sauces; soup flavourings and soup paste; soup flavourings and soup paste in the nature of seasoning mixes; vinegar, spices, condiments; vinegar, spices, condiments, namely, sauces and spices; ferments for pastes; noodles, vermicelli noodles; rice; curry paste; prepared meals consisting primarily of noodles and rice; cereal preparations; cereal based snack foods; frozen foods and frozen prepared meals consisting primarily of noodles, rice; preserved garden herbs, dried culinary herbs; stem gingerClass 030 for Aromatic preparations for food, namely, seasonings and spices; chutneys; sauces; soup flavourings and soup paste in the nature of seasoning mixes; vinegar, spices, condiments, namely, sauces and spices; noodles, vermicelli noodles; rice; curry paste; prepared meals consisting primarily of noodles and rice; cereal based snack foods; frozen foods and frozen prepared meals consisting primarily of noodles, rice; preserved garden herbs, dried culinary herbs; stem ginger

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
A.A. Thornton & Co.
235 High Holborn
London WC1V 7LE
UNITED KINGDOM

Proposed:
William C. Wright of Epstein Drangel LLP, having an address of
60 East 42nd Street, Suite 2410 New York, New York 10165
United States
mail@ipcounselors.com
(212) 292-5390
(212) 292-5391



SIGNATURE(S)
Response Signature
Signature: /William C. Wright/     Date: 07/25/2011
Signatory's Name: William C. Wright
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.

Mailing Address:    William C. Wright
   Epstein Drangel LLP
   60 East 42nd Street, Suite 2410
   New York, New York 10165
        
Serial Number: 79097900
Internet Transmission Date: Mon Jul 25 13:54:57 EDT 2011
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2011072513545799
1262-79097900-480e0def560fe8d4462e048f06
fe72c225-N/A-N/A-20110725133813520836