Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85796637 MAGIC MILL (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85796637) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 007 for mixers, food processors, blenders, coffee makers, tea makers, cookware, hot plates, ovens and slow cookers

Applicant hereby adds the following class of goods/services to the application:
New: Class 011 (Original Class: 007 ) for Electric coffee makers; electric tea kettles; electric tea pots; electric cookware, namely, roasters and broilers; hot plates; cooking ovens, electric ovens, microwave ovens; gas ovens; electric slow cookers
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Mill apart from the mark as shown.


Description of mark
The mark consists of the words MAGIC MILL and a square-like design with rounded corners containing a design of wheat.

SIGNATURE(S)
Response Signature
Signature: /Thomas A. O'Rourke/     Date: 09/27/2013
Signatory's Name: Thomas A. O'Rourke
Signatory's Position: Attorney

Signatory's Phone Number: 631-249-7500

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.

        
Serial Number: 85796637
Internet Transmission Date: Fri Sep 27 13:17:06 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2013092713170639
2361-85796637-5000dbb3d8c1ec2eb6bd852cfd
078798334c2e0806d927e66651f0baf026e274-N
/A-N/A-20130927130748729039