PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER79341438
MARK SECTION (current)
MARK FILE NAME https://tmng-al.uspto.gov/resting2/api/img/79341438/large
LITERAL ELEMENT BEAR
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)		The color(s) brown and green is/are claimed as a feature of the mark.
MARK SECTION (proposed)
MARK FILE NAME\\TICRS\EXPORT18\IMAGEOUT 18\793\414\79341438\xml8\ ROA0002.JPG
LITERAL ELEMENT BEAR
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK YES
COLOR(S) CLAIMED
(If applicable)		The color(s) brown and green is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of the design of a brown bear standing with the word "BEAR" written across its chest with a small green fig leaf in the middle of the letter "A"; a larger green fig leaf appears on the lower portion of the bear; the white appearing in the mark represents transparent areas and is not part of the mark.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 697 x 902
OWNER SECTION (current)
NAME Lotus Bakeries International und Schweiz AG
OWNER SECTION (proposed)
NAME Lotus Bakeries International und Schweiz AG
EMAIL XXXX
LEGAL ENTITY SECTION (current)
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY WHERE LEGALLY ORGANIZED Switzerland
LEGAL ENTITY SECTION (proposed)
TYPE aktiengesellschaft
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY WHERE LEGALLY ORGANIZED Switzerland
GOODS AND/OR SERVICES SECTION (029) (current)
INTERNATIONAL CLASS029
DESCRIPTION
Preserved, dried, cooked, frozen and baked fruit and/or vegetables; fruit and/or vegetable-based snack food; vegetable salad; fruit salad; jellies; jams; compotes; milk, dairy products; yogurt, yogurt-based snacks, yogurt-based beverages
GOODS AND/OR SERVICES SECTION (029) (proposed)
INTERNATIONAL CLASS029
TRACKED TEXT DESCRIPTION
Preserved, dried, cooked, frozen and baked fruit and/or vegetables; Preserved, dried, cooked, frozen and baked fruit and vegetables; fruit and/or vegetable-based snack food; fruit and vegetable-based snack food; vegetable salad; fruit salad; jellies; jellies for food; jams; compotes; milk, dairy products; milk, dairy products, namely, milk products excluding ice cream, ice milk and frozen yogurt; yogurt, yogurt-based snacks, yogurt-based beverages; yogurt, snacks containing yogurt; yogurt-based beverages
FINAL DESCRIPTION
Preserved, dried, cooked, frozen and baked fruit and vegetables; fruit and vegetable-based snack food; vegetable salad; fruit salad; jellies for food; jams; compotes; milk, dairy products, namely, milk products excluding ice cream, ice milk and frozen yogurt; yogurt, snacks containing yogurt; yogurt-based beverages
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
GOODS AND/OR SERVICES SECTION (030) (current)
INTERNATIONAL CLASS030
DESCRIPTION
Cereal-based snacks; wholegrain cereals that may contain: oat flakes, rice, nuts or seeds and honey or fruit extract mixture; snack foods consisting mainly of whole grains that may contain: oat flakes, rice, nuts or seeds and honey or a mixture of fruit extracts also including fruits; breakfast cereals; oat porridge; porridge consisting principally of oats also including fruits; ice cream, frozen yogurt, popsicles; confectionery products; biscuits and cookies
GOODS AND/OR SERVICES SECTION (030) (proposed)
INTERNATIONAL CLASS030
TRACKED TEXT DESCRIPTION
Cereal-based snacks; Cereal-based snack foods; wholegrain cereals that may contain: oat flakes, rice, nuts or seeds and honey or fruit extract mixture; wholegrain processed cereals that may also contain oat flakes, rice, nuts or seeds and honey or fruit extract mixture; snack foods consisting mainly of whole grains that may contain: oat flakes, rice, nuts or seeds and honey or a mixture of fruit extracts also including fruits; whole grain-based snack foods that may also contain oat flakes, rice, nuts or seeds and honey or a mixture of fruit extracts also including fruits; breakfast cereals; oat porridge; porridge consisting principally of oats also including fruits; ice cream, frozen yogurt, popsicles; ice cream, frozen yogurt, frozen confections, namely, freezer pops; confectionery products; confectionery products, namely, cereal-based snack foods and candy; biscuits and cookies
FINAL DESCRIPTION
Cereal-based snack foods; wholegrain processed cereals that may also contain oat flakes, rice, nuts or seeds and honey or fruit extract mixture; whole grain-based snack foods that may also contain oat flakes, rice, nuts or seeds and honey or a mixture of fruit extracts also including fruits; breakfast cereals; oat porridge; porridge consisting principally of oats also including fruits; ice cream, frozen yogurt, frozen confections, namely, freezer pops; confectionery products, namely, cereal-based snack foods and candy; biscuits and cookies
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
ATTORNEY INFORMATION (new)
NAME Thomas J. Mango
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAMECantor Colburn LLP
INTERNAL ADDRESS22nd Floor
STREET20 Church Street
CITYHartford
STATEConnecticut
POSTAL CODE06103
COUNTRY/REGION/JURISDICTION/U.S. TERRITORYUnited States
PHONE860-286-2929
FAX860-286-0115
EMAILTM-CT@cantorcolburn.com
DOCKET/REFERENCE NUMBERNO30479TUS
OTHER APPOINTED ATTORNEYThomas J. Mango, Michelle P. Ciotola, Alison M. Caless, Nancy Kennedy, Sara Colburn, Benjamin M. Cantor and Michael A. Cantor
CORRESPONDENCE INFORMATION (current)
NAMENovagraaf Switzerland SA
CORRESPONDENCE INFORMATION (proposed)
NAMEThomas J. Mango
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCETM-CT@cantorcolburn.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)jmendola@cantorcolburn.com
DOCKET/REFERENCE NUMBERNO30479TUS
SIGNATURE SECTION
RESPONSE SIGNATURE/amc/
SIGNATORY'S NAME Alison M. Caless
SIGNATORY'S POSITION Attorney of Record, CT Bar Member
SIGNATORY'S PHONE NUMBER 860-286-2929
DATE SIGNED 06/16/2023
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Fri Jun 16 14:43:52 ET 2023
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0230616144352639369-79341
438-850b4fce87f8922bbba3d
59a355fda62338979e3bd135f
8bc91e1f22ec9f433662c-N/A
-N/A-20230616134100279226


PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79341438 BEAR (Stylized and/or with Design, see https://tmng-al.uspto.gov /resting2/api/img/7934143 8/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: BEAR (Stylized and/or with Design, see https://tmng-al.uspto.gov /resting2/api/img/7934143 8/large)
Proposed: BEAR (Stylized and/or with Design, see mark)
The color(s) brown and green is/are claimed as a feature of the mark.
The mark consists of the design of a brown bear standing with the word "BEAR" written across its chest with a small green fig leaf in the middle of the letter "A"; a larger green fig leaf appears on the lower portion of the bear; the white appearing in the mark represents transparent areas and is not part of the mark.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 029 for Preserved, dried, cooked, frozen and baked fruit and/or vegetables; fruit and/or vegetable-based snack food; vegetable salad; fruit salad; jellies; jams; compotes; milk, dairy products; yogurt, yogurt-based snacks, yogurt-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: Preserved, dried, cooked, frozen and baked fruit and/or vegetables; Preserved, dried, cooked, frozen and baked fruit and vegetables; fruit and/or vegetable-based snack food; fruit and vegetable-based snack food; vegetable salad; fruit salad; jellies; jellies for food; jams; compotes; milk, dairy products; milk, dairy products, namely, milk products excluding ice cream, ice milk and frozen yogurt; yogurt, yogurt-based snacks, yogurt-based beverages; yogurt, snacks containing yogurt; yogurt-based beverages

Class 029 for Preserved, dried, cooked, frozen and baked fruit and vegetables; fruit and vegetable-based snack food; vegetable salad; fruit salad; jellies for food; jams; compotes; milk, dairy products, namely, milk products excluding ice cream, ice milk and frozen yogurt; yogurt, snacks containing yogurt; yogurt-based beverages

Webpage URL: None Provided
Webpage Date of Access: None Provided


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 Cereal-based snacks; wholegrain cereals that may contain: oat flakes, rice, nuts or seeds and honey or fruit extract mixture; snack foods consisting mainly of whole grains that may contain: oat flakes, rice, nuts or seeds and honey or a mixture of fruit extracts also including fruits; breakfast cereals; oat porridge; porridge consisting principally of oats also including fruits; ice cream, frozen yogurt, popsicles; confectionery products; biscuits and cookies
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: Cereal-based snacks; Cereal-based snack foods; wholegrain cereals that may contain: oat flakes, rice, nuts or seeds and honey or fruit extract mixture; wholegrain processed cereals that may also contain oat flakes, rice, nuts or seeds and honey or fruit extract mixture; snack foods consisting mainly of whole grains that may contain: oat flakes, rice, nuts or seeds and honey or a mixture of fruit extracts also including fruits; whole grain-based snack foods that may also contain oat flakes, rice, nuts or seeds and honey or a mixture of fruit extracts also including fruits; breakfast cereals; oat porridge; porridge consisting principally of oats also including fruits; ice cream, frozen yogurt, popsicles; ice cream, frozen yogurt, frozen confections, namely, freezer pops; confectionery products; confectionery products, namely, cereal-based snack foods and candy; biscuits and cookies

Class 030 for Cereal-based snack foods; wholegrain processed cereals that may also contain oat flakes, rice, nuts or seeds and honey or fruit extract mixture; whole grain-based snack foods that may also contain oat flakes, rice, nuts or seeds and honey or a mixture of fruit extracts also including fruits; breakfast cereals; oat porridge; porridge consisting principally of oats also including fruits; ice cream, frozen yogurt, frozen confections, namely, freezer pops; confectionery products, namely, cereal-based snack foods and candy; biscuits and cookies

Webpage URL: None Provided
Webpage Date of Access: None Provided


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: Lotus Bakeries International und Schweiz AG
Proposed:Lotus Bakeries International und Schweiz AG, aktiengesellschaft legally organized under the laws of Switzerland

      Email Address: XXXX

The owner's/holder's proposed attorney information: Thomas J. Mango. Other appointed attorneys are Thomas J. Mango, Michelle P. Ciotola, Alison M. Caless, Nancy Kennedy, Sara Colburn, Benjamin M. Cantor and Michael A. Cantor. Thomas J. Mango of Cantor Colburn LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      22nd Floor
      20 Church Street
      Hartford, Connecticut 06103
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is NO30479TUS.
      The phone number is 860-286-2929.
      The fax number is 860-286-0115.
      The email address is TM-CT@cantorcolburn.com

Thomas J. Mango 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)
      Novagraaf Switzerland SA

Correspondence Information (proposed)
      Thomas J. Mango
      PRIMARY EMAIL FOR CORRESPONDENCE: TM-CT@cantorcolburn.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jmendola@cantorcolburn.com

The docket/reference number is NO30479TUS.

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: /amc/     Date: 06/16/2023
Signatory's Name: Alison M. Caless
Signatory's Position: Attorney of Record, CT Bar Member

Signatory's Phone Number: 860-286-2929 Signature method: Sent to third party for signature

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:    Novagraaf Switzerland SA
   
   
   Chemin de l?Echo 3
   CH-1213 Onex,
Mailing Address:    Thomas J. Mango
   Cantor Colburn LLP
   22nd Floor
   20 Church Street
   Hartford, Connecticut 06103
        
Serial Number: 79341438
Internet Transmission Date: Fri Jun 16 14:43:52 ET 2023
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2023061614435263
9369-79341438-850b4fce87f8922bbba3d59a35
5fda62338979e3bd135f8bc91e1f22ec9f433662
c-N/A-N/A-20230616134100279226