Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79227462 GENIE(Standard Characters, see http://uspto.report/TM/79227462/mark.png) has been amended as follows:

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

Legal argument is attached.

EVIDENCE
Evidence in the nature of pages from the TESS database as well as from the applicant's website has been attached.
Original PDF file:
evi_216759226-20180711101221214513_._GENIE_evidence.pdf
Converted PDF file(s) ( 16 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Original PDF file:
evi_1-216759226-20180711101221214513_._GENIE_argument.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Computer controlled cooking apparatus
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: Computer controlled cooking apparatus; Multi-purpose, computer-controlled electric countertop food preparation apparatus for cooking, baking, broiling, roasting, toasting, searing, browning, barbecuing and grilling foodClass 011 for Multi-purpose, computer-controlled electric countertop food preparation apparatus for cooking, baking, broiling, roasting, toasting, searing, browning, barbecuing and grilling food

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 029 for Freeze-dried food products (terms considered too vague by the International Bureau - rule 13 (2) (b) of the Common Regulations)
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: Freeze-dried food products (terms considered too vague by the International Bureau - rule 13 (2) (b) of the Common Regulations); A full line of freeze-dried foods sold in single-serving or portion-controlled containers for use in an electric countertop food preparation apparatus; Freeze-dried food products, namely, pods and cartridges containing freeze-dried foods for use in an electric countertop food preparation apparatus for quickly making ready-to-eat servingsClass 029 for A full line of freeze-dried foods sold in single-serving or portion-controlled containers for use in an electric countertop food preparation apparatus; Freeze-dried food products, namely, pods and cartridges containing freeze-dried foods for use in an electric countertop food preparation apparatus for quickly making ready-to-eat servings

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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: GENIE ENTERPRISE LTD. a(n) Limited company, having an address of
      
      39 Haprachim Street4691500 Rishpon
      ,
      Israel

Proposed: GENIE ENTERPRISE LTD., limited corporation legally organized under the laws of Israel, having an address of
      
      39 Haprachim Street
      4691500 Rishpon,
      Israel

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Lawrence E. Abelman of Abelman, Frayne & Schwab, having an address of
10th Floor 666 3rd Avenue New York, New York 10017
United States
fterranella@lawabel.com
2129499022
2129499100
The attorney docket/reference number is 400903 .
The Other Appointed Attorney(s): Frank Terranella, Julie Seyler, Marie Anne Mastrovito.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
SANFORD T. COLB & CO.
4 Shaar Hagai Street,
POB 2273
7612201 Rehovot
IL

Proposed:
Lawrence E. Abelman of Abelman, Frayne & Schwab, having an address of
10th Floor 666 3rd Avenue New York, New York 10017
United States
fterranella@lawabel.com
2129499022
2129499100
The docket/reference number is 400903 .



SIGNATURE(S)
Response Signature
Signature: /ft/     Date: 07/11/2018
Signatory's Name: Frank Terranella
Signatory's Position: Attorney for owner, NY Bar member

Signatory's Phone Number: 2129499022

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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:    Lawrence E. Abelman
   Abelman, Frayne & Schwab
   10th Floor
   666 3rd Avenue
   New York, New York 10017
        
Serial Number: 79227462
Internet Transmission Date: Wed Jul 11 10:31:07 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20180711103107186
509-79227462-610deacc4e5da1a0caa3e95ebc7
379a87d991650be9e39bf5539fe3e93720bb3b-N
/A-N/A-20180711101221214513