Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 85013544 has been amended as follows:

EVIDENCE
Evidence in the nature of The evidence exists of the argument in response to the Likelihood of Confusion rejection and three exhibits. has been attached.
Original PDF file:
evi_20612431155-124550987_._ROA_85013544__Rev._1-27-2011.pdf
Converted PDF file(s) (5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_20612431155-124550987_._Exhibit_1_Page_1.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_20612431155-124550987_._Exhibit_1_Page_2.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_20612431155-124550987_._Exhibit_2_Page_1.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_20612431155-124550987_._Exhibit_2_Page_2.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_20612431155-124550987_._Exhibit_2_Page_3.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_20612431155-124550987_._Exhibit_2_Page_4.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_20612431155-124550987_._Exhibit_3_bread_landing_page.pdf
Converted PDF file(s) (1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising and marketing services, namely, promoting the goods and services of others; Advertising on the Internet for others; Advertising, including on-line advertising on a computer network; Advertising, marketing and promotion services; Analysis of advertising response; Placing advertisements for others; Preparing and placing advertisements for others; Promoting the charitable services of others, namely, providing individuals with information for the purpose of making donations to charities; Promoting the goods and services of others by providing hypertext links to the web sites of others; Promoting the goods and services of others via a global computer network; Providing consumer product information via the Internet; Providing information about the goods and services of others via the global computer network; Provision of space on websites for advertising goods and services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: Advertising and marketing services, namely, promoting the goods and services of others; On-line advertising and marketing services, namely, providing consumer and product information via the Internet; Advertising on the Internet for others; promoting the goods and services of others via hypertext links to the websites of others; Advertising, including on-line advertising on a computer network; provision of space on websites for promoting the goods and services of others; Advertising, marketing and promotion services; promoting the charitable services of others, namely providing information regarding charitable organizations via a global computer network; Analysis of advertising response; Placing advertisements for others; Preparing and placing advertisements for others; Promoting the charitable services of others, namely, providing individuals with information for the purpose of making donations to charities; Promoting the goods and services of others by providing hypertext links to the web sites of others; Promoting the goods and services of others via a global computer network; Providing consumer product information via the Internet; Providing information about the goods and services of others via the global computer network; Provision of space on websites for advertising goods and servicesClass 035 for On-line advertising and marketing services, namely, providing consumer and product information via the Internet; promoting the goods and services of others via hypertext links to the websites of others; provision of space on websites for promoting the goods and services of others; promoting the charitable services of others, namely providing information regarding charitable organizations via a global computer network
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Current:

Proposed:
Susan Brushaber of Susan J. Brushaber, PC, having an address of
1665 Grant Street Denver, Colorado 80203
United States
sjb@susanbrushaber.com
303 815 1584
303 860 8848


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
BREAD LABS, INC.
BREAD LABS, INC.
2117 ENSENADA WAY
SAN MATEO, CA 94403-1227

Proposed:
Susan Brushaber of Susan J. Brushaber, PC, having an address of
1665 Grant Street Denver, Colorado 80203
United States
sjb@susanbrushaber.com
303 815 1584
303 860 8848



SIGNATURE(S)
Response Signature
Signature: /Susan Brushaber/     Date: 01/27/2011
Signatory's Name: Susan Brushaber
Signatory's Position: Attorney of Record, CO, NY and NJ Bar Member

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:    Susan Brushaber
   Susan J. Brushaber, PC
   1665 Grant Street
   Denver, Colorado 80203
        
Serial Number: 85013544
Internet Transmission Date: Thu Jan 27 13:04:52 EST 2011
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201101271304528
23082-85013544-4805823373ebd1d33df65c86c
da53e893-N/A-N/A-20110127124550987426