| 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 No Form Number (Rev 01/2012) |
| OMB No. 0651-0054 (Exp 10/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 85814042 |
| MARK SECTION | |
| MARK FILE NAME | http://tmng-al.gov.uspto.report/resting2/api/img/85814042/large |
| LITERAL ELEMENT | MCCAIN |
| FORM TEXT | |
|
REQUEST TO DIVIDE
The amendment and request to divide are being filed in response to the Suspension Inquiry dated September 6, 2016 in Application No. 85/814042.
Please amend the application from one seeking registration pursuant to Section 1(b) and Section 44(d) of the Trademark Act to one seeking registration pursuant to Section 44(e) of the Trademark Act.
Please amend the goods and services in the application to be divided out to read:
-- Processed potato and potato products namely baked, roasted, fried, French fried, battered, extruded, chilled processed, packaged processed and frozen potatoes, sweet potatoes, processed potatoes specialties, namely, potato wedges, diced hash browns, hash brown patties, lattice-cut chips, potato patties, diced potato cubes, potato puffs, and breaded and battered onion rings in International Class 29. --
-- Providing information in the field of food, healthy eating and nutrition through the use of printed material, electronic materials or through electronic websites; information services, namely providing a website featuring information in the field of food, healthy eating and nutrition; and coupon services and contest services for promoting the goods and services of others in International Class 35. --
REMARKS
In support of Applicant’s request for registration pursuant to 44(e) of the Trademark Act, Applicant submits concurrently with this Request to Divide a copy of the Canadian Reg. No. TMA944430. As can be seen, the foreign recitation of goods and services is narrower than what was applied for in the present application. Accordingly, Applicant has amended its description of goods and services to conform with the identification of goods and services in the Canadian Registration. Additionally, the goods and services specified in the amended recitation above were included in the original description of goods and services as filed and as amended on October 24, 2013 in the original application. Further, the goods and services have been further amended to conform to the Trademark Examining Attorney suggestions as set forth in the November 22, 2013 Suspension Notice. Applicant has not added an additional class to this divided out application.
To the extent any fees are requested with respect to this request to divide, all required fees are being paid via credit card. However, please charge any additional fees not already paid via credit card, and credit any overpayment to our Deposit Account No. 12-1095.
Based upon the request to divide the present application and based upon the Applicant’s amendment of the filing basis of this divided out application from Sections 1(b) and 44(d) to Section 44(e) of the Trademark Act and the amendment set forth above, and the accompanying Canadian registration, Applicant respectfully requests that this application that results from the request to divide be passed to publication. To the extent there are any questions, the Trademark Examining Attorney is invited to contact Applicant’s counsel. Reconsideration and allowance of the present application is respectfully requested. |
|
| ATTACHMENT(S) | |
| ORIGINAL PDF FILE | TMA944430_20172245227292.pdf |
| CONVERTED PDF FILE(S) (3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\859\842\85984274\LM2Copy\85814042\1\RTD18\RTD2.jpg |
| \\TICRS\EXPORT17\IMAGEOUT17\859\842\85984274\LM2Copy\85814042\1\RTD18\RTD3.jpg | |
| \\TICRS\EXPORT17\IMAGEOUT17\859\842\85984274\LM2Copy\85814042\1\RTD18\RTD4.jpg | |
| PAYMENT SECTION | |
| NUMBER OF CLASSES | 1 |
| APPLICATION FOR REGISTRATION PER CLASS | 400 |
| NUMBER OF New Applications | 1 |
| DIVISIONAL REQUEST FEE, PER NEW APPLICATION (FILE WRAPPER) CREATED FEE | 100 |
| TOTAL FEES DUE | 500 |
| SIGNATURE SECTION | |
| SUBMISSION SIGNATURE | /Paul H. Kochanski/ |
| SIGNATORY'S NAME | PAUL H. KOCHANSKI |
| SIGNATORY'S POSITION | ATTORNEY OF RECORD, NJ BAR MEMBER |
| SIGNATORY'S PHONE NUMBER | 908.654.5000 |
| DATE SIGNED | 03/03/2017 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Mar 03 09:46:24 EST 2017 |
| TEAS STAMP | USPTO/RTD-XX.XXX.XX.XX-20 170303094624116514-858140 42-20170302163051912165-C C-8357-201703021630519121 65 |
| 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 No Form Number (Rev 01/2012) |
| OMB No. 0651-0054 (Exp 10/31/2017) |
REQUEST TO DIVIDE
The amendment and request to divide are being filed in response to the Suspension Inquiry dated September 6, 2016 in Application No. 85/814042.
Please amend the application from one seeking registration pursuant to Section 1(b) and Section 44(d) of the Trademark Act to one seeking registration pursuant to Section 44(e) of the Trademark Act.
Please amend the goods and services in the application to be divided out to read:
-- Processed potato and potato products namely baked, roasted, fried, French fried, battered, extruded, chilled processed, packaged processed and frozen potatoes, sweet potatoes, processed potatoes specialties, namely, potato wedges, diced hash browns, hash brown patties, lattice-cut chips, potato patties, diced potato cubes, potato puffs, and breaded and battered onion rings in International Class 29. --
-- Providing information in the field of food, healthy eating and nutrition through the use of printed material, electronic materials or through electronic websites; information services, namely providing a website featuring information in the field of food, healthy eating and nutrition; and coupon services and contest services for promoting the goods and services of others in International Class 35. --
REMARKS
In support of Applicant’s request for registration pursuant to 44(e) of the Trademark Act, Applicant submits concurrently with this Request to Divide a copy of the Canadian Reg. No. TMA944430. As can be seen, the foreign recitation of goods and services is narrower than what was applied for in the present application. Accordingly, Applicant has amended its description of goods and services to conform with the identification of goods and services in the Canadian Registration. Additionally, the goods and services specified in the amended recitation above were included in the original description of goods and services as filed and as amended on October 24, 2013 in the original application. Further, the goods and services have been further amended to conform to the Trademark Examining Attorney suggestions as set forth in the November 22, 2013 Suspension Notice. Applicant has not added an additional class to this divided out application.
To the extent any fees are requested with respect to this request to divide, all required fees are being paid via credit card. However, please charge any additional fees not already paid via credit card, and credit any overpayment to our Deposit Account No. 12-1095.
Based upon the request to divide the present application and based upon the Applicant’s amendment of the filing basis of this divided out application from Sections 1(b) and 44(d) to Section 44(e) of the Trademark Act and the amendment set forth above, and the accompanying Canadian registration, Applicant respectfully requests that this application that results from the request to divide be passed to publication. To the extent there are any questions, the Trademark Examining Attorney is invited to contact Applicant’s counsel. Reconsideration and allowance of the present application is respectfully requested.
FORM FILE NAME(S)
