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. 87115495 MEEZAN(Standard Characters, see http://uspto.report/TM/87115495/mark.png) has been amended as follows:

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

Applicant's substantive arguments and exhibits are attached in PDF form.

EVIDENCE
Evidence in the nature of Applicant's substantive arguments and exhibits has been attached.
Original PDF file:
evi_2161532230-20161219114222578903_._2016-12-19_MEEZAN_oar_FINAL_comp.pdf
Converted PDF file(s) ( 21 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
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for spices, snacks, juices, tea, oils, rice, food products, dried fruits, rose water, kewra water
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: spices, snacks, juices, tea, oils, rice, food products, dried fruits, rose water, kewra water; Spices, snacks, namely, gajak peanut and gajak sesame (peanut and sesame brittles), toffee snacks, nuts and seeds; tea; rice; food products in the nature of nut and seed based snack foods, baking powder, baking soda, spices, gelatins, herbal powders in the nature of chili powder, karela powder, jaman powder, neem powder, and amla powder, and cooking oils in the nature of sesame oil, clove oil, and taramira oilClass 030 for Spices, snacks, namely, gajak peanut and gajak sesame (peanut and sesame brittles), toffee snacks, nuts and seeds; tea; rice; food products in the nature of nut and seed based snack foods, baking powder, baking soda, spices, gelatins, herbal powders in the nature of chili powder, karela powder, jaman powder, neem powder, and amla powder, and cooking oils in the nature of sesame oil, clove oil, and taramira oil
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.

ADDITIONAL STATEMENTS
Translation
The English translation of MEEZAN in the mark is BALANCE.


Significance of wording, letter(s), or numeral(s)
MEEZAN appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /JohnCHeinbockel/     Date: 12/19/2016
Signatory's Name: John C. Heinbockel
Signatory's Position: Attorney of Record, NY bar member

Signatory's Phone Number: 703-525-8009

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: 87115495
Internet Transmission Date: Mon Dec 19 11:46:16 EST 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2016121911461638
9669-87115495-570f195604a96f2a5af2d62389
5e6d96f942c997945f336e616f1274544de3fa2-
N/A-N/A-20161219114222578903