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)

---

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. 79257245 MIELE (Stylized and/or with Design, see http://uspto.report/TM/79257245/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 029 for Arrangements of processed fruit; ready-to-eat desserts based on milk or artificial milk; oils for food; part-cooked, pre-cooked, chilled or frozen ready meals consisting predominantly of eggs, poultry, vegetables, fish, meat, meat substitutes, seafood or game

Applicant hereby deletes the following class of goods/services from the application.
Class 030 for Coffee, teas and cocoa and substitutes therefor, chilled or frozen ready meals consisting of pasta or pastries; fresh or frozen pastries and confectionery; fresh or frozen pastries with fillings consisting of fish, meat, poultry, vegetables, fruits or game; prepared desserts [pastries]; prepared desserts [chocolate based]; ready-to-cat desserts (pastries), ready-to-eat desserts (confectionery); petits fours (cakes); chocolates; spices

Applicant hereby deletes the following class of goods/services from the application.
Class 039 for Delivery of goods; storage of goods; wrapping of goods; packaging of goods; rental of freezers

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Apparatus for heating, steam generating, cooking, refrigerating, freezing, ventilating and water supply; unit heaters; steam generating apparatus; cooking appliances; refrigerating apparatus; installations for freezing; drying installations; apparatus for ventilation and water supply, including electric and gas-powered cooking stoves; cookers; kitchen ranges; electric cooking utensils; apparatus or installations for cooking; cooking hobs; cooking rings; heating plates; baking muffles and kilns for household and industrial kitchen use; slow cookers (electric -); microwave ovens; electric and gas-powered griddles and grills; hot-air cookers (electric); electric deep fryers; roasting and grill plates; pressure cooking apparatus (electric); steaming apparatus (electric -) for cooking; electrically heated bain-maries; steam cookers; electric deep fat fryers; electrically heated cabinets for food; vacuum steam heating apparatus; vacuum furnaces; ventilation apparatus, and apparatus for improving air quality, including cooker hoods; ventilation hoods; ventilation [air-conditioning] installations and apparatus; scent dosing apparatus, other than for personal use; filters (parts of household or industrial installations); electric tea machines; coffee machines; expresso coffee machines; fully automated coffee machines, included in this class; refrigerating appliances; refrigerating cabinets; refrigerating show cases; refrigerated display cases; beverage cooling apparatus; fridge-freezers; mechanical tap devices for dispensing chilled beverages for use with apparatus for chilling beverages; freezers; deep freezing apparatus; refrigerating chests; ice chests; ice machines and apparatus; laundry drying machines; electric laundry dryers; electrically operated drying cabinets for laundry; heat pumps; sterilizers; installations for baking; baking ovens; bread making machines; parts, fittings and accessories of the aforesaid goods, included in this class; deep fat fryers
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: Apparatus for heating, steam generating, cooking, refrigerating, freezing, ventilating and water supply; Apparatus for heating, steam generating, cooking, refrigerating, freezing, ventilating and water supply, namely, electric, steam, convection, combi-steam, speed and gas ovens, vacuum sealing drawers, cooking ranges, range hoods, ventilation hoods, extractor hoods for kitchens, downdraft range ventilator, ventilating exhaust fans, cooktops, stoves, electric cookers, hobs, oven interiors for domestic and commercial applications, electric and gas grills, electric fryers, electric steam cookers, electric warming cabinets for food, cooker hoods, extractor ventilators for use in kitchens, refrigerators, freezers, wine coolers, namely, refrigerated cabinets containing racks for wine bottles and storage shelves; unit heaters; installations for freezing, namely, electric freezers, upright freezers, ice-making machines; steam generating apparatus; drying installations, namely, machines for drying laundry, namely, electric tumble dryers, electric clothes drying cupboards and spin dryers, condenser dryers, washer dryer combination units; cooking appliances; apparatus for ventilation and water supply, namely, electric and gas-powered cooking stoves; refrigerating apparatus; cooking rings; installations for freezing; heating hot plates; drying installations; microwave ovens; apparatus for ventilation and water supply, including electric and gas-powered cooking stoves; electric and gas-powered griddles and grills; cookers; electric hot-air cookers; kitchen ranges; electric deep fryers; electric cooking utensils; electric roasting and grill plates; apparatus or installations for cooking; electric pressure cooking apparatus; cooking hobs; electric steam cookers; electric deep fat fryers; heating plates; electrically heated cabinets for food; baking muffles and kilns for household and industrial kitchen use; vacuum furnaces; slow cookers (electric -); ventilation apparatus, and apparatus for improving air quality, namely, range hoods; scent dosing apparatus, electric dispensers for air fresheners; filters and filtering devices for air and gas conditioning; hot-air cookers (electric); electric tea machines; electric coffee machines; roasting and grill plates; electric espresso coffee machines; pressure cooking apparatus (electric); fully automated electric coffee machines; steaming apparatus (electric -) for cooking; refrigerating cabinets; electrically heated bain-maries; refrigerating show cases; steam cookers; refrigerated display cases; beverage cooling apparatus; fridge-freezers; vacuum steam heating apparatus; mechanical tap faucets for dispensing chilled beverages for use with apparatus for chilling beverages; freezers; ventilation apparatus, and apparatus for improving air quality, including cooker hoods; electric deep freezers; ventilation hoods; refrigerating chests for chilling foods; ventilation [air-conditioning] installations and apparatus; ice chests; scent dosing apparatus, other than for personal use; ice machines and apparatus; filters (parts of household or industrial installations); electric laundry drying machines; electric laundry dryers; coffee machines; electrically operated drying cabinets for laundry; expresso coffee machines; heat pumps; fully automated coffee machines, included in this class; sterilizers; refrigerating appliances; installations for baking, namely, baking ovens; bread making machines; deep fat fryers; parts and fittings for all aforesaid goods; mechanical tap devices for dispensing chilled beverages for use with apparatus for chilling beverages; deep freezing apparatus; refrigerating chests; laundry drying machines; installations for baking; baking ovens; parts, fittings and accessories of the aforesaid goods, included in this classClass 011 for Apparatus for heating, steam generating, cooking, refrigerating, freezing, ventilating and water supply, namely, electric, steam, convection, combi-steam, speed and gas ovens, vacuum sealing drawers, cooking ranges, range hoods, ventilation hoods, extractor hoods for kitchens, downdraft range ventilator, ventilating exhaust fans, cooktops, stoves, electric cookers, hobs, oven interiors for domestic and commercial applications, electric and gas grills, electric fryers, electric steam cookers, electric warming cabinets for food, cooker hoods, extractor ventilators for use in kitchens, refrigerators, freezers, wine coolers, namely, refrigerated cabinets containing racks for wine bottles and storage shelves; installations for freezing, namely, electric freezers, upright freezers, ice-making machines; drying installations, namely, machines for drying laundry, namely, electric tumble dryers, electric clothes drying cupboards and spin dryers, condenser dryers, washer dryer combination units; apparatus for ventilation and water supply, namely, electric and gas-powered cooking stoves; cooking rings; heating hot plates; microwave ovens; electric and gas-powered griddles and grills; electric hot-air cookers; electric deep fryers; electric roasting and grill plates; electric pressure cooking apparatus; electric steam cookers; electric deep fat fryers; electrically heated cabinets for food; vacuum furnaces; ventilation apparatus, and apparatus for improving air quality, namely, range hoods; scent dosing apparatus, electric dispensers for air fresheners; filters and filtering devices for air and gas conditioning; electric tea machines; electric coffee machines; electric espresso coffee machines; fully automated electric coffee machines; refrigerating cabinets; refrigerating show cases; refrigerated display cases; beverage cooling apparatus; fridge-freezers; mechanical tap faucets for dispensing chilled beverages for use with apparatus for chilling beverages; freezers; electric deep freezers; refrigerating chests for chilling foods; ice chests; ice machines and apparatus; electric laundry drying machines; electric laundry dryers; electrically operated drying cabinets for laundry; heat pumps; sterilizers; installations for baking, namely, baking ovens; bread making machines; deep fat fryers; parts and fittings for all aforesaid goods

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 016 for Paper; cardboard; cardboard boxes; cardboard gift boxes; printed matter; books; magazines; plastic materials for packaging; office requisites; gift vouchers; dust bags of paper; bags and articles for packaging, wrapping and storage of paper, cardboard or plastics; labels of paper or cardboard; humidity control sheets of paper or plastic for food
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: Paper; cardboard; cardboard boxes; cardboard gift boxes; printed matter; printed matter, namely, printed instruction manuals; books; books, namely, cookbooks; magazines; magazines in the field of cooking; plastic materials for packaging; plastic materials for packaging, namely, plastic bags for packaging; office requisites; gift vouchers, namely, non-magnetically encoded gift cards, printed vouchers; gift vouchers; dust bags of paper; bags and articles for packaging, wrapping and storage of paper, cardboard or plastics; labels of paper or cardboard; humidity control sheets of paper or plastic for foodClass 016 for Paper; cardboard; cardboard boxes; cardboard gift boxes; printed matter, namely, printed instruction manuals; books, namely, cookbooks; magazines in the field of cooking; plastic materials for packaging, namely, plastic bags for packaging; gift vouchers, namely, non-magnetically encoded gift cards, printed vouchers

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 021 for Small hand-operated household and kitchen utensils, household and kitchen containers; cleaning instruments, hand-operated; cleaning cloths; sponges; strainers for household purposes; household utensils; frying pans; kitchen utensils; sponges for household purposes; brushes for household purposes; ironing boards; earthenware; porcelain ware; glass jars; glass vases; glass carafes; coffee pots; insulated flasks; flasks; drinking flasks; vacuum flasks; dusters; ironing board covers; wine chillers; wine coolers; cold packs for chilling food and beverages; portable cool boxes, non-electric; ironing boards with integrated ventilator function and/or board heaters
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: Small hand-operated household and kitchen utensils, household and kitchen containers; Containers for household or kitchen use; cleaning instruments, hand-operated; frying pans; cleaning cloths; kitchen utensils namely, pouring and straining spouts, baking trays, baking sheets, steam oven pans, casserole dishes and casserole dish lids, oven pans, carving boards, hot plates; sponges; earthenware, namely, earthenware cooking pots, mugs, jars, saucepans; strainers for household purposes; porcelain ware, namely, porcelain cooking pots, mugs, jars, saucepans; household utensils; glass jars; coffee pots; kitchen utensils; coolers for wine; sponges for household purposes; ironing boards with integrated ventilator function and/or board heaters; brushes for household purposes; ironing boards; earthenware; porcelain ware; glass vases; glass carafes; insulated flasks; flasks; drinking flasks; vacuum flasks; dusters; ironing board covers; wine chillers; wine coolers; cold packs for chilling food and beverages; portable cool boxes, non-electricClass 021 for Containers for household or kitchen use; frying pans; kitchen utensils namely, pouring and straining spouts, baking trays, baking sheets, steam oven pans, casserole dishes and casserole dish lids, oven pans, carving boards, hot plates; earthenware, namely, earthenware cooking pots, mugs, jars, saucepans; porcelain ware, namely, porcelain cooking pots, mugs, jars, saucepans; glass jars; coffee pots; coolers for wine; ironing boards with integrated ventilator function and/or board heaters

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 035 for Merchandising; advertising, marketing and promotional services; business administration; business management tasks; presentation of goods and services; demonstration of goods; the bringing together, for the benefit of others, of a variety of goods for presentation and sales purposes in the field of household appliances and utensils; arranging of contracts, for others, for the buying and selling of goods; arranging of contracts, for others, for the providing of services; arranging commercial transactions for third parties, also within the framework of e-commerce; arranging contracts relating to concluding commercial transactions, for others; retailing and wholesaling, including via the internet and via mobile internet, in the fields of household appliances and utensils; wholesaling and retailing, including via the internet, in relation to delicatessen food and beverages; event marketing
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: Merchandising; Merchandising, namely, retail store and online retail store services featuring washers, dryers, dishwashers, refrigerators, freezers, drink coolers, coolers for wine, ovens, ranges, cooktops, stoves, coffee makers, ventilation hoods, range hoods, vacuum cleaners; advertising, marketing and promotional services; business administration; business administration services; business management tasks; business management tasks, namely, business management, business management advice, consulting, and assistance; presentation of goods and services; demonstration of goods; the bringing together, for the benefit of others, of a variety of goods for presentation and sales purposes in the field of household appliances and utensils; arranging of contracts, for others, for the buying and selling of goods; arranging of contracts, for others, for the providing of services; arranging commercial transactions for third parties, also within the framework of e-commerce; arranging contracts relating to concluding commercial transactions, for others; retailing and wholesaling, including via the internet and via mobile internet, in the fields of household appliances and utensils; retailing and wholesaling, including via the internet and via mobile internet, in the fields of household appliances and utensils event marketing; wholesaling and retailing, including via the internet, in relation to delicatessen food and beverages; event marketingClass 035 for Merchandising, namely, retail store and online retail store services featuring washers, dryers, dishwashers, refrigerators, freezers, drink coolers, coolers for wine, ovens, ranges, cooktops, stoves, coffee makers, ventilation hoods, range hoods, vacuum cleaners; advertising, marketing and promotional services; business administration services; business management tasks, namely, business management, business management advice, consulting, and assistance; presentation of goods and services; demonstration of goods; the bringing together, for the benefit of others, of a variety of goods for presentation and sales purposes in the field of household appliances and utensils; arranging of contracts, for others, for the buying and selling of goods; arranging of contracts, for others, for the providing of services; arranging commercial transactions for third parties, also within the framework of e-commerce; arranging contracts relating to concluding commercial transactions, for others; retailing and wholesaling, including via the internet and via mobile internet, in the fields of household appliances and utensils event marketing

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 037 for Repair, maintenance, installation of household appliances, industrial apparatus and equipment and household appliances and equipment operated electrically and/or electronically and/or with fuel, including gas, and kitchens (furniture); washing, drying and ironing of laundry; rental of cleaning and washing and drying machines and equipment; rental of household appliances
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: Repair, maintenance, installation of household appliances, industrial apparatus and equipment and household appliances and equipment operated electrically and/or electronically and/or with fuel, including gas, and kitchens (furniture); Repair, maintenance, and installation of household appliances, industrial apparatus and equipment, and household appliances and equipment operated electrically and/or electronically and/or with fuel, including gas; washing, drying and ironing of laundry; rental of cleaning and washing and drying machines and equipment; rental of household appliancesClass 037 for Repair, maintenance, and installation of household appliances, industrial apparatus and equipment, and household appliances and equipment operated electrically and/or electronically and/or with fuel, including gas

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 041 for Conducting cooking classes; correspondence courses relating to cookery; arranging of cookery courses and cooking events; arranging of online cookery courses, online cooking events and chefs; consultancy in relation to the organization of cooking competitions, cookery courses and cooking events; providing of information in relation to cookery courses and cooking events; education; providing of training; entertainment; cultural activities
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: Conducting cooking classes; Conducting cooking instruction classes and conducting correspondence courses in the field of cooking; correspondence courses relating to cookery; Training services, namely, arranging of cooking instruction courses and cooking demonstration events; arranging of cookery courses and cooking events; arranging of online cooking courses and online cooking demonstration events; arranging of online cookery courses, online cooking events and chefs; entertainment consultancy in relation to the organization of cooking competitions, cooking instruction courses and cooking demonstration events; consultancy in relation to the organization of cooking competitions, cookery courses and cooking events; providing of entertainment information in relation to cooking instruction courses and cooking demonstration events; providing of information in relation to cookery courses and cooking events; education; providing of training; entertainment; cultural activitiesClass 041 for Conducting cooking instruction classes and conducting correspondence courses in the field of cooking; Training services, namely, arranging of cooking instruction courses and cooking demonstration events; arranging of online cooking courses and online cooking demonstration events; entertainment consultancy in relation to the organization of cooking competitions, cooking instruction courses and cooking demonstration events; providing of entertainment information in relation to cooking instruction courses and cooking demonstration events

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 043 for Cookery advice; personal chef services; consulting services in the field of culinary arts; providing advice in relation to food and wine; consultancy in relation to cooking utensils, namely, electric and gas ovens cooking ranges, stoves, electric cookers, hobs, hot plates, heater plates, oven interiors and cookers for domestic and commercial applications, microwave ovens, electric and gas grills, fan-assisted electric cookers, electric fryers, griddles, electric pressure cookers, electric steam cookers, electric bain-maries, electric warming cabinets for food, cooker hoods, extractor ventilators for use in kitchens; café and restaurant services
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: Cookery advice; Advice concerning cooking recipes; personal chef services; consulting services in the field of culinary arts; providing advice in relation to food and wine; sommelier services, namely, providing advice in relation to food and wine; consultancy in relation to cooking utensils, namely, electric and gas ovens cooking ranges, stoves, electric cookers, hobs, hot plates, heater plates, oven interiors and cookers for domestic and commercial applications, microwave ovens, electric and gas grills, fan-assisted electric cookers, electric fryers, griddles, electric pressure cookers, electric steam cookers, electric bain-maries, electric warming cabinets for food, cooker hoods, extractor ventilators for use in kitchens; consultancy in relation to the preparation of meals using cooking utensils, namely, electric and gas ovens cooking ranges, stoves, electric cookers, hobs, hot plates, heater plates, oven interiors and cookers for domestic and commercial applications, microwave ovens, electric and gas grills, fan-assisted electric cookers, electric fryers, griddles, electric pressure cookers, electric steam cookers, electric bain-maries, electric warming cabinets for food, cooker hoods, extractor ventilators for use in kitchens; café and restaurant servicesClass 043 for Advice concerning cooking recipes; personal chef services; consulting services in the field of culinary arts; sommelier services, namely, providing advice in relation to food and wine; consultancy in relation to the preparation of meals using cooking utensils, namely, electric and gas ovens cooking ranges, stoves, electric cookers, hobs, hot plates, heater plates, oven interiors and cookers for domestic and commercial applications, microwave ovens, electric and gas grills, fan-assisted electric cookers, electric fryers, griddles, electric pressure cookers, electric steam cookers, electric bain-maries, electric warming cabinets for food, cooker hoods, extractor ventilators for use in kitchens

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.

The applicant hereby appoints Claudia W. Stangle. Claudia W. Stangle of Leydig, Voit & Mayer, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      180 N. Stetson Ave. Suite 4900
      Chicago, Illinois 60601
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 744466.

The phone number is 3126165682.

The email address is trademark@leydig.com

Claudia W. Stangle submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: . , is located at

      
      ,

The applicants proposed correspondence information: Claudia W. Stangle. Claudia W. Stangle of Leydig, Voit & Mayer, is located at

      180 N. Stetson Ave. Suite 4900
      Chicago, Illinois 60601
      United States
The docket/reference number is 744466.

The phone number is 3126165682.

The email address is trademark@leydig.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the following: the word "MIELE" appearing in white against a red rectangular background.

Miscellaneous Statement
Applicant hereby appoints Claudia W. Stangle, Stella M. Brown, Laura M. Schaefer, Kyle A. Migliorini and all of Leydig, Voit & Mayer, Ltd., as its attorneys, domestic representatives, and correspondence contacts in this matter. Applicant's attorneys' contact information is included as the new Correspondence Address information elsewhere in this response.


SIGNATURE(S)
Response Signature
Signature: /Claudia W. Stangle/     Date: 10/02/2019
Signatory's Name: Claudia W. Stangle
Signatory's Position: Attorney of Record, Illinois bar member

Signatory's Phone Number: 3126165682

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    
   
   
   
   ,
Mailing Address:    Claudia W. Stangle
   Leydig, Voit & Mayer
   180 N. Stetson Ave. Suite 4900
   Chicago, Illinois 60601
        
Serial Number: 79257245
Internet Transmission Date: Wed Oct 02 13:27:39 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019100213273930
5567-79257245-6102b3ee2a650442bbd5d935cc
5913410a741848cddcbcd4aacf93234de2c8fee-
N/A-N/A-20191002131718922225