Response to Office Action

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 1957 (Rev 10/2011)

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

---

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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86860062 YUMMIES (Stylized and/or with Design, see http://uspto.report/TM/86860062/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:



EVIDENCE
Evidence in the nature of Response to Second Office Action has been attached.
Original PDF file:
evi_1-2441162138-20170125120752817993_._86860062_-_Response_to_Second_Office_Action-Yummies.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Snacks, namely, fried plantain slices with different flavors, fried yucca chips with different flavors, fried pork with salt and chili, potato flakes of different flavors
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2011 and first used in commerce at least as early as 06/01/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Snacks, namely, fried plantain slices with different flavors, fried yucca chips with different flavors, fried pork with salt and chili, potato flakes of different flavors; Latin American style food products, namely, processed flavored plantains, processed flavored yucca ("cassava"), fried pork with salt and chili, potato flakes of different flavorsClass 029 for Latin American style food products, namely, processed flavored plantains, processed flavored yucca ("cassava"), fried pork with salt and chili, potato flakes of different flavors
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2011 and first used in commerce at least as early as 06/01/2011 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Peanuts, flavored peanuts, roasted peanuts, and mixed seeds, excluding nuts and roasted nuts; fried corn-based tortilla snack foods with different flavors; corn-based snack foods, namely, extruded corn with different flavors; popcorn of different flavors
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2011 and first used in commerce at least as early as 06/01/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Peanuts, flavored peanuts, roasted peanuts, and mixed seeds, excluding nuts and roasted nuts; Latin American style food products, namely fried flavored peanuts and baked flavored peanuts; fried corn-based tortilla snack foods with different flavors; corn-based snack foods, namely, extruded corn with different flavors; popcorn of different flavorsClass 030 for Latin American style food products, namely fried flavored peanuts and baked flavored peanuts; fried corn-based tortilla snack foods with different flavors; corn-based snack foods, namely, extruded corn with different flavors; popcorn of different flavors
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2011 and first used in commerce at least as early as 06/01/2011 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Maristella Collazo Soto/     Date: 01/25/2017
Signatory's Name: Maristella Collazo-Soto
Signatory's Position: Attorney of record

Signatory's Phone Number: 787-766-7000

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86860062
Internet Transmission Date: Wed Jan 25 12:28:14 EST 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2017012512281433
6054-86860062-58083b8d72db3c7ddd72a44c7c
d8c312299d86fa3bd731cfbbca351cd3537d7e9f
-N/A-N/A-20170125120752817993