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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87847741 SPICEWALLA(Standard Characters, see http://uspto.report/TM/87847741/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 031 for Packaged meal kits consisting primarily of wraps, salads, and snacks

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Frozen and refrigerated food packages consisting primarily of entrees and snacks
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: Frozen and refrigerated food packages consisting primarily of entrees and snacks; Frozen foods, namely, entrees and snacks consisting primarily of meat, poultry, fish, seafood, vegetarian alternatives and/or grains, potatoes, cheese, processed vegetables, and/or condiments; Refrigerated food package combinations consisting primarily of meat, poultry, fish, seafood, vegetarian alternatives and/or grains, potatoes, cheese, processed vegetables, and/or condiments; Food glazing preparations comprised primarily of fruit and/or fruit pectin for use in cooking and baking; prepared entrees consisting primarily of vegetables, soups, fruit salads and vegetable salads; pre-cut vegetable saladsClass 029 for Frozen foods, namely, entrees and snacks consisting primarily of meat, poultry, fish, seafood, vegetarian alternatives and/or grains, potatoes, cheese, processed vegetables, and/or condiments; Refrigerated food package combinations consisting primarily of meat, poultry, fish, seafood, vegetarian alternatives and/or grains, potatoes, cheese, processed vegetables, and/or condiments; Food glazing preparations comprised primarily of fruit and/or fruit pectin for use in cooking and baking; prepared entrees consisting primarily of vegetables, soups, fruit salads and vegetable salads; pre-cut vegetable salads
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Spices; chutneys; marinades; vinaigrettes; glazes; reductions; rubs; blends
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; chutneys; marinades; vinaigrettes; glazes; reductions in the nature of cooking sauces; reductions; spice rubs; rubs; spice blends; blends; processed cereal-based food to be used as a snack food or ingredient for making other foods; combination meals consisting primarily of pasta or rice-based entrees and soup or salad for consumption on or off the premises; rice-based snack food; wrap sandwichesClass 030 for Spices; chutneys; marinades; vinaigrettes; reductions in the nature of cooking sauces; spice rubs; spice blends; processed cereal-based food to be used as a snack food or ingredient for making other foods; combination meals consisting primarily of pasta or rice-based entrees and soup or salad for consumption on or off the premises; rice-based snack food; wrap sandwiches
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: /EBRogers/     Date: 09/10/2018
Signatory's Name: Erica B. E. Rogers
Signatory's Position: Associate Attorney, Ward and Smith, P.A., NC Bar Member

Signatory's Phone Number: 919-277-9100

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: 87847741
Internet Transmission Date: Mon Sep 10 14:20:34 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201809101420341
66984-87847741-61042e1f6abef8da3e6d087ae
eaabab22c660542c7f795a24dbe946496fdf7b7b
8-N/A-N/A-20180910141419601351