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)

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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. 87103750 GUARDIANS OF THE GALAXY(Standard Characters, see http://uspto.report/TM/87103750/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 029 for Fruit preserves; fruit-based snack foods; eggs; jams; jellies; potato-based snack foods; nuts; dairy products; meat; pickles; fish; poultry; fruits; vegetables; frozen, prepared or packaged meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared or packaged vegetable-based entrees; processed foods; soup and soup mixes
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 preserves; Applesauce; banana chips; butter or butter substitutes; candied fruit; cheese and cracker combinations; cheese spread; nuts; cheese; dairy products; chili; chocolate milk; dairy products excluding ice cream, ice milk and frozen yogurt; fish; dips; dried fruit-based snacks; fruits; dried fruits; vegetables; drinking yogurts; eggs; frozen, prepared or packaged meals consisting primarily of meat, fish, poultry or vegetables; processed foods; frozen, prepared or packaged vegetable-based entrees; soup and soup mixes; fruit peels and preserves; fruit salads; fruit-based snack foods; hot dogs; jams; jellies; margarine; marmalades; meat; milk beverages with high milk content; nut butters; pickles; potato chips; potato salad; potato-based snack foods; poultry; processed fish; processed, canned, bottled, dried, frozen, cooked, or preserved fruits and vegetables; processed fruits and vegetables; processed nuts; raisins; snack mix consisting primarily of processed fruits, processed nuts and/or raisins; soup and soup mixes; veggie burger patties; yogurtClass 029 for Applesauce; banana chips; butter or butter substitutes; candied fruit; cheese and cracker combinations; cheese spread; cheese; chili; chocolate milk; dairy products excluding ice cream, ice milk and frozen yogurt; dips; dried fruit-based snacks; dried fruits; drinking yogurts; eggs; frozen, prepared or packaged meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared or packaged vegetable-based entrees; fruit peels and preserves; fruit salads; fruit-based snack foods; hot dogs; jams; jellies; margarine; marmalades; meat; milk beverages with high milk content; nut butters; pickles; potato chips; potato salad; potato-based snack foods; poultry; processed fish; processed, canned, bottled, dried, frozen, cooked, or preserved fruits and vegetables; processed fruits and vegetables; processed nuts; raisins; snack mix consisting primarily of processed fruits, processed nuts and/or raisins; soup and soup mixes; veggie burger patties; yogurt
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: /swa/     Date: 03/17/2017
Signatory's Name: Steve Ackerman
Signatory's Position: Attorney of record, California bar member

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: 87103750
Internet Transmission Date: Mon Mar 20 18:21:30 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201703201821302
21478-87103750-58096edd2c9495be179ff2668
de1b1f55904c9b935fbf6e1d3c1fdb863d8f9d4-
N/A-N/A-20170317143242858630