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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79279442 ACTIVIA(Standard Characters, see http://uspto.report/TM/79279442/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 029 for Milk, milk products and substitutes therefor; powdered milk; flavored jellied milks and buttermilk; milk desserts; yogurts; drinking yogurts; white cheese; petit suisse; beverages mainly consisting of milk or dairy products; milk beverages, milk predominating; milk beverages containing fruit; unflavored or flavored fermented dairy products; milk substitutes of vegetable origin; substitutes of dairy products based on plants or nuts; fruit or vegetable beverages consisting mainly of milk products
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: Milk, milk products and substitutes therefor; Milk, milk products excluding ice-cream, ice milk and frozen yoghurts; powdered milk; milk substitutes; flavored jellied milks and buttermilk; powdered milk, flavored, jellied milks and buttermilk; milk desserts; milk desserts, namely milk shakes; yogurts; drinking yogurts; white cheese; petit suisse; petit-suisse cheese; beverages mainly consisting of milk or dairy products; milk-based beverages mainly consisting of milk or milk products excluding ice cream, ice milk and frozen yogurts; milk beverages, milk predominating; milk beverages containing fruit; unflavored or flavored fermented dairy products, namely, fermented yogurts, flavored fermented yogurts, fermented milk-based beverages and flavored fermented milk-based beverages; unflavored or flavored fermented dairy products; milk substitutes of vegetable origin; substitutes of dairy products based on plants or nuts, namely, almond milk, coconut milk, oat milk, rice milk, soy milk, cashew milk, peanut milk, nut milk, cereal-based milk; substitutes of dairy products based on plants or nuts; milk drinks containing vegetables; fruit or vegetable beverages consisting mainly of milk products; milk drinks containing fruitsClass 029 for Milk, milk products excluding ice-cream, ice milk and frozen yoghurts; milk substitutes; powdered milk, flavored, jellied milks and buttermilk; milk desserts, namely milk shakes; yogurts; drinking yogurts; white cheese; petit-suisse cheese; milk-based beverages mainly consisting of milk or milk products excluding ice cream, ice milk and frozen yogurts; milk beverages, milk predominating; unflavored or flavored fermented dairy products, namely, fermented yogurts, flavored fermented yogurts, fermented milk-based beverages and flavored fermented milk-based beverages; milk substitutes of vegetable origin; substitutes of dairy products based on plants or nuts, namely, almond milk, coconut milk, oat milk, rice milk, soy milk, cashew milk, peanut milk, nut milk, cereal-based milk; milk drinks containing vegetables; milk drinks containing fruits

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:

Current:
Class 030 for Cocoa, chocolate, cocoa-based beverages, chocolate-based beverages, coffee-based beverages, tea-based beverages; custard; chocolate mousses, dessert mousses [confectionery], confectionery, sugar confectionery, sugar, puffed rice, preparations made from cereals, breakfast cereals; biscuits (sweet or savory); cakes; pastries; waffles; cereal-based desserts; rice cakes; semolina cakes; rice pudding, rice-based snack food, cereal-based snack food; edible ices, edible ices consisting primarily of yogurt, ice-cream, sherbet (edible ices), frozen yogurts (edible ices), edible ice-cream made with flavored frozen water; fruit coulis [sauces]; beverages of vegetable origin, excluding dairy substitutes, included in this class
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: Cocoa, chocolate, cocoa-based beverages, chocolate-based beverages, coffee-based beverages, tea-based beverages; custard; chocolate mousses, dessert mousses [confectionery], confectionery, sugar confectionery, sugar, puffed rice, preparations made from cereals, breakfast cereals; chocolate mousses, dessert mousses being confectionary; biscuits (sweet or savory); confectionery made of sugar, sugar, puffed rice, preparations made from cereals, cereal bars, biscuits, granola, and muesli; breakfast cereals; sweet and savory biscuits; cakes; cereal-based desserts; pastries; waffles; rice cakes; semolina cakes; edible ices, edible ices consisting primarily of yogurt, ice-cream, sherbet (edible ices), frozen yogurts (edible ices), edible ice-cream made with flavored frozen water; rice pudding, rice-based snack food, cereal-based snack food; fruit coulis [sauces]; edible ices, edible ices consisting primarily of yogurt, ice-cream, sherbet being edible ices, frozen yogurts being edible ices, edible ice-cream made with flavored frozen water; beverages of vegetable origin, excluding dairy substitutes, included in this class; fruit coulis being saucesClass 030 for Cocoa, chocolate, cocoa-based beverages, chocolate-based beverages, coffee-based beverages, tea-based beverages; custard; chocolate mousses, dessert mousses being confectionary; confectionery made of sugar, sugar, puffed rice, preparations made from cereals, cereal bars, biscuits, granola, and muesli; breakfast cereals; sweet and savory biscuits; cakes; pastries; waffles; rice cakes; semolina cakes; rice pudding, rice-based snack food, cereal-based snack food; edible ices, edible ices consisting primarily of yogurt, ice-cream, sherbet being edible ices, frozen yogurts being edible ices, edible ice-cream made with flavored frozen water; fruit coulis being sauces

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:

Current:
Class 032 for Still or sparkling waters (mineral or other), fruit or vegetable juices, beverages with fruits or vegetables, lemonades, soda water, sherbets (beverages), preparations for making beverages, syrups for beverages, vegetable or fruit extract without alcohol, non-alcoholic beverages; plant-based beverages
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: Still or sparkling waters (mineral or other), fruit or vegetable juices, beverages with fruits or vegetables, lemonades, soda water, sherbets (beverages), preparations for making beverages, syrups for beverages, vegetable or fruit extract without alcohol, non-alcoholic beverages; Still and sparkling mineral waters; plant-based beverages; still and sparkling non-mineral waters; fruit and vegetable juices; fruit and vegetable beverages; lemonades; soda water; sherbet beverages; preparations for making beverages, namely, syrups and powders used in the preparation of soft drinks and fruit drinks; syrups for beverages; non-alcoholic fruit and vegetable extracts for use in the preparation of beverages; non-alcoholic fruit juice beverages; plant-based beverages, namely, almond-based beverages other than milk substitutes, coconut-based beverages other than milk substitutes, oat-based beverages other than milk substitutes, rice-based beverages other than milk substitutes, cashew-based beverages other than milk substitutes, peanut-based beverages other than milk substitutes, nut-based beverages other than milk substitutes, soy-based beverages other than milk substitutesClass 032 for Still and sparkling mineral waters; still and sparkling non-mineral waters; fruit and vegetable juices; fruit and vegetable beverages; lemonades; soda water; sherbet beverages; preparations for making beverages, namely, syrups and powders used in the preparation of soft drinks and fruit drinks; syrups for beverages; non-alcoholic fruit and vegetable extracts for use in the preparation of beverages; non-alcoholic fruit juice beverages; plant-based beverages, namely, almond-based beverages other than milk substitutes, coconut-based beverages other than milk substitutes, oat-based beverages other than milk substitutes, rice-based beverages other than milk substitutes, cashew-based beverages other than milk substitutes, peanut-based beverages other than milk substitutes, nut-based beverages other than milk substitutes, soy-based beverages other than milk substitutes

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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: COMPAGNIE GERVAIS DANONE
Proposed: COMPAGNIE GERVAIS DANONE, société anonyme (sa) legally organized under the laws of France
      Email Address: XXXX

The owner's/holder's proposed attorney information: Ann K. Ford. Other appointed attorneys are Thomas E. Zutic; John M. Nading; David M. Kramer; Ryan C. Compton; Eunice R. Chung; James K.S. Stewart; Naomi E. Abraham; Alberto Z. Zacapa; Devika Persaud; Latoya A. Tyson. Ann K. Ford of DLA Piper LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      500 8th Street NW
      Washington, District of Columbia 20004
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 387957-114.
      The phone number is 2027994000.
      The fax number is 2027995000.
      The email address is dctrademarks@dlapiper.com

Ann K. Ford 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.Correspondence Information (current):
      CABINET REGIMBEAU
Correspondence Information (proposed):
      Ann K. Ford
      PRIMARY EMAIL FOR CORRESPONDENCE: dctrademarks@dlapiper.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 387957-114.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /David M. Kramer/     Date: 10/13/2020
Signatory's Name: David M. Kramer
Signatory's Position: Attorney of record, District of Columbia bar member

Signatory's Phone Number: 2027994153

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:    CABINET REGIMBEAU
   
   
   20, rue de Chazelles
   F-75847 Paris Cédex 17,
Mailing Address:    Ann K. Ford
   DLA Piper LLP (US)
   500 8th Street NW
   Washington, District of Columbia 20004
        
Serial Number: 79279442
Internet Transmission Date: Tue Oct 13 17:40:25 ET 2020
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XX-20201013174025672
695-79279442-75085a295e42a677caaf5e89e37
5e6fb98775d4daddb6c7938446a3e71d1dba35-N
/A-N/A-20201013172137589097