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. 86248794 YES (Stylized and/or with Design, see http://uspto.report/TM/86248794/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Fruit juices, dairy-free milk, almond milk, rice milk; food and drinks; fruit drinks and juices; vegetable drinks; vegetable-fruit juices; beverages based on nut-milk, fruit or vegetable juice, and other fluid nutrients; beverages based on nut-milk, fruit juice, vegetable juice, protein, herbal tea, and other fluid nutrients; beverages based on nut-milk, fruit juice, vegetable juice, protein, herbal tea, and other fluid nutrients, namely, drinks for use as food fillers and not for use as meal replacements
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Fruit juices, dairy-free milk, almond milk, rice milk; Fruit juices; food and drinks; fruit drinks; fruit drinks and juices; vegetable drinks; vegetable-fruit juices; aromatized beverages based on fruits, vegetables, protein, nuts and other fluid nutrients, namely, protein drinks for use as food fillers and not for use as meal replacements; beverages based on nut-milk, fruit or vegetable juice, and other fluid nutrients; beverages based on nut-milk, fruit juice, vegetable juice, protein, herbal tea, and other fluid nutrients; beverages based on nut-milk, fruit juice, vegetable juice, protein, herbal tea, and other fluid nutrients, namely, drinks for use as food fillers and not for use as meal replacementsClass 032 for Fruit juices; fruit drinks; vegetable drinks; vegetable-fruit juices; aromatized beverages based on fruits, vegetables, protein, nuts and other fluid nutrients, namely, protein drinks for use as food fillers and not for use as meal replacements
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.

SIGNATURE(S)
Response Signature
Signature: /Tony Bortolin/     Date: 01/22/2015
Signatory's Name: Tony Bortolin
Signatory's Position: Attorney

The signatory has confirmed that he/she is a Canadian attorney/agent, or an associate thereof, who represents an applicant located in Canada; and he/she is either registered with the USPTO and in good standing as as patent agent under 37 C.F.R. §11.6(c) or has been granted reciprocal recognition under 37 C.F.R. §11.14(c) by the USPTO's Office of Enrollment and Discipline; and that to the best of his/her knowledge, if prior to his/her appointment another Canadian attorney/agent or a U.S. attorney 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 Canadian attorney/agent or U.S. attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 86248794
Internet Transmission Date: Thu Jan 22 14:47:11 EST 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201501221447112
36616-86248794-5309ab3863fe9eefcf1fd61a8
3ca45b31bd9276bde92fbcc65d4d103054b5d7e0
-N/A-N/A-20150122144445737385