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NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Aug 22, 2017 |
U.S. Serial Number: 85814042
Mark: MCCAIN (Stylized/Design)
Docket/Reference Number: MCCLTD-147
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| No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of
a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration
certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline. |
| SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: |
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An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the
application, if use basis was not specified originally); OR |
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An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must
be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six
(36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA. |
How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many
legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.
If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199. |
| FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS
APPLICATION. |
REVIEW APPLICATION INFORMATION FOR ACCURACY |
| Serial Number: |
85814042
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| Mark: |
MCCAIN (Stylized/Design)
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| Docket/Reference Number: |
MCCLTD-147
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| Owner: |
MCCAIN FOODS LIMITED
8800 MAIN STREET, FLORENCEVILLE-BRISTOL
NEW BRUNSWICK , CANADA E7L1B2
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| Correspondence Address: |
PAUL H. KOCHANSKI
LERNER, DAVID, LITTENBERG, ET AL.
600 SOUTH AVENUE WEST
WESTFIELD, NJ 07090-1497
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This application has the following bases, but not necessarily for all listed goods/services: |
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Section 1(a): NO |
Section 1(b): YES |
Section 44(e): NO |
| GOODS/SERVICES BY INTERNATIONAL CLASS |
| 029 - |
Processed potato and potato products, namely, mashed, dried, instant, baby potatoes; processed potato specialties, namely, crisps, chips, potato skins and shells,
stuffed potato skins and shells, potato puffs, potato croquettes, instant potato flakes, mashed potato mix and peeled potatoes; snack foods, namely, meat, fish, poultry, meat extracts, fruit,
vegetables, egg, cheese, and potato based snack foods; snack foods made from vegetables, meat, fish, poultry, cheese, and potato, namely, hash brown sticks, breaded and battered onion straws, breaded
and battered vegetables, battered cheese, cheese sticks, pates and seafood mousses; appetizers, namely, meat, fish, poultry, meat extracts , fruits, vegetables, egg, cheese, and potato based
appetizers; appetizers made from vegetables, meat, fish, poultry, cheese, and potato, namely, hash brown sticks, breaded and battered onion rings and straws, breaded and battered vegetables, battered
cheese, cheese sticks, pates and seafood mousses; dips, namely, meat, seafood, and vegetable based dips, dairy based dips, and snack food dips; fruits and vegetables, namely, frozen, chilled,
dehydrated, battered and processed fruits and vegetables; frozen prepared meals, namely, frozen or chilled prepared meals containing or consisting primarily of vegetables , meat, poultry, potatoes,
eggs, cheese, fish, or seafood; potato pancakes; hash brown; breakfast patties containing primarily eggs and also containing meat, vegetables or cheese; prepared meals and entrees, namely, prepared
meals and entrees based on meat, fish, seafood, poultry, meat extracts, fruits, vegetables, eggs, potato, or cheese; and soups; chilled fresh potatoes, baby potatoes, and sweet potatoes; and packaged
fresh potatoes, baby potatoes, and sweet potatoes -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 030 - |
Pizza; snack foods, namely, cereal and rice based snack foods, namely, snack foods containing or consisting of dough, pasta, pastry, pizza, garlic bread and
garlic fingers, and dough enrobed snack foods consisting of a dough-based wrapper with pizza filling; appetizers, namely, appetizers having a cereal and rice base, namely, appetizers containing or
consisting of dough, pasta, pastry, pizza, garlic bread, and garlic fingers , and dough enrobed appetizers consisting of a dough-based wrapper with pizza fillings; frozen and prepared desserts,
namely, bakery goods, bakery desserts, pies, cakes, pastries, French toast, waffles, fruit and ice cream pies, and frozen confections; frozen and prepared pastries; ice cream; frozen prepared meals,
namely, meals containing or consisting primarily of pasta, pizza or rice; breakfasts foods, namely, French toast, pancakes, waffles, cereals, oatmeal and creamed wheat cereals; prepared sandwiches,
namely, filled wraps and bread with filling; prepared meals and entrees, namely, cereal and rise based prepared meals and entrees, namely, entrees containing or consisting of pasta, pizza, rice,
sandwiches, and dough enrobed entrees consisting of dough-based wrapper with pizza filling; and powders and mixes used in preparation of non-alcoholic tea beverages, soft drinks and smoothies;
taquitos, spring rolls, quesadilla rolls, dumplings, samosas; frozen and prepared non-dairy desserts, namely, desserts made of fruits, frozen fruits, and fruit salad; appetizers made from vegetables,
meat, fish, poultry, cheese, and potato, namely, taquitos, spring rolls, quesadilla rolls, dumplings, samosas; sauces used as dips -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 031 - |
Fresh potatoes, baby potatoes, and sweet potatoes -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 035 - |
Food services, namely, wholesale distributorship services featuring foods for use in food service channels of trade, namely, services provided to retailers and
wholesalers in providing foods for subsequent resale; and vending machine services featuring food -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
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| Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a
display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual
sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here. |
| Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the
USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed
in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its
cancellation. |
| Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations
and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199. |
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