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. 87130670 NOURISH(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87130670/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 005 for Protein Powder

Applicant hereby deletes the following class of goods/services from the application.
Class 032 for Ready to drink beverages

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Snack foods, namely, protein based snack foods; dried fruit-based food snack foods; dried vegetable-based snack foods; protein bites, namely, nut clusters; protein based, nutrient dense snack bites consisting primarily of processed nuts, dehydrated fruits and protein powders; nut and seed-based food bites; dried fruit-based food bites; dried vegetable-based food bites; Soy-based snack foods; Snack mixes consisting primarily of processed nuts, seeds and dried fruit; Dried fruit; Dried vegetables; Dried fruit mixes; Processed nuts and edible seeds; Nut-based snack foods; Dried beans; Processed chickpeas; Jerky; Potato chips; Vegetable chips; Pretzel chips; Nut- and dried fruit- based snack bars; Nut- and seed- based snack bars; Nuts; Snack food dips; legume-based snack foods; nut butter-based snack foods; seed-based snack foods; Yogurt-based snack foods
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: Snack foods, namely, protein based snack foods; dried fruit-based food snack foods; dried vegetable-based snack foods; protein bites, namely, nut clusters; protein based, nutrient dense snack bites consisting primarily of processed nuts, dehydrated fruits and protein powders; nut and seed-based food bites; dried fruit-based food bites; dried vegetable-based food bites; Soy-based snack foods; Snack mixes consisting primarily of processed nuts, seeds and dried fruit; Dried fruit; Dried vegetables; Dried fruit mixes; Processed nuts and edible seeds; Nut-based snack foods; Dried beans; Processed chickpeas; Jerky; Potato chips; Vegetable chips; Nut- and dried fruit- based snack bars; Pretzel chips; Nut- and seed- based snack bars; Nuts, namely, chopped nuts, seasoned nuts, enrobed nuts, coated nuts, oil roasted nuts, dry roasted nuts; Snack food dips; Nuts; legume-based snack foods; nut butter-based snack foods; seed-based snack foods; Cheese-based snack foods, namely, cheese and cracker combinations; Yogurt-based snack foodsClass 029 for dried fruit-based food snack foods; dried vegetable-based snack foods; protein bites, namely, nut clusters; protein based, nutrient dense snack bites consisting primarily of processed nuts, dehydrated fruits and protein powders; nut and seed-based food bites; dried fruit-based food bites; dried vegetable-based food bites; Soy-based snack foods; Snack mixes consisting primarily of processed nuts, seeds and dried fruit; Dried fruit; Dried vegetables; Dried fruit mixes; Processed nuts and edible seeds; Nut-based snack foods; Dried beans; Processed chickpeas; Jerky; Potato chips; Vegetable chips; Nut- and dried fruit- based snack bars; Nut- and seed- based snack bars; Nuts, namely, chopped nuts, seasoned nuts, enrobed nuts, coated nuts, oil roasted nuts, dry roasted nuts; Snack food dips; legume-based snack foods; nut butter-based snack foods; seed-based snack foods; Cheese-based snack foods, namely, cheese and cracker combinations
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 Granola and granola-based snacks; oat-based snack foods; grain-based snack foods; granola-based snack bites; grain-based snack bites containing, namely, chocolate, chia seeds, fruits, vegetables and protein powders; Ready to eat cereal derived food bars; Chocolate-based snack foods; Chocolate; Cocoa nibs; Honey; Bagel chips; Corn chips; Tortilla chips; Pita chips; Candy; Confections; Granola-based snack bars; High-protein cereal bars; Granola; Granola snacks; Cereal; Cereal-based snack food; Cookies; Powdered shake mix; Crackers; Puffs popcorn; pretzels; chocolate bark; baked goods; corn-based snack foods; grain-based snack foods; wheat-based snack foods; Cheese-based snack foods; Coconut-based snack foods
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: Granola and granola-based snacks; oat-based snack foods; grain-based snack foods; granola-based snack bites; grain-based snack bites containing, namely, chocolate, chia seeds, fruits, vegetables and protein powders; Ready to eat cereal derived food bars; Chocolate-based snack foods; Chocolate; Cocoa nibs; Corn chips; Honey; Tortilla chips; Bagel chips; Pita chips; Candy; Confections, namely, chocolate confections and caramel confections; Granola-based snack bars; High-protein cereal bars; Confections; Granola; Granola snacks; Cereal, namely, processed cereal and ready-to-eat cereal; Cereal-based snack food; Cookies; Cereal; Crackers; Puffs, namely, cheese puffs, legume puffs, lentil puffs, grain puffs, corn puffs, quinoa puffs, ancient grain puffs, vegetable puffs and fruit puffs; popcorn; Powdered shake mix; pretzels; chocolate bark; Puffs popcorn; bakery goods; corn-based snack foods; wheat-based snack foods; baked goods; Cheese-based snack foods, namely, cheese and pretzel combinations, puffed cheese balls; Coconut-based snack foods; grain-based snack foods; Pretzel chips; Cheese-based snack foodsClass 030 for Granola and granola-based snacks; oat-based snack foods; grain-based snack foods; granola-based snack bites; grain-based snack bites containing, namely, chocolate, chia seeds, fruits, vegetables and protein powders; Ready to eat cereal derived food bars; Chocolate-based snack foods; Chocolate; Corn chips; Tortilla chips; Pita chips; Candy; Confections, namely, chocolate confections and caramel confections; Granola-based snack bars; High-protein cereal bars; Granola; Granola snacks; Cereal, namely, processed cereal and ready-to-eat cereal; Cereal-based snack food; Cookies; Crackers; Puffs, namely, cheese puffs, legume puffs, lentil puffs, grain puffs, corn puffs, quinoa puffs, ancient grain puffs, vegetable puffs and fruit puffs; popcorn; pretzels; chocolate bark; bakery goods; corn-based snack foods; wheat-based snack foods; Cheese-based snack foods, namely, cheese and pretzel combinations, puffed cheese balls; Coconut-based snack foods; Pretzel chips
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: /mhuq/     Date: 05/19/2017
Signatory's Name: Muzamil Huq
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone Number: 212-326-0809

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: 87130670
Internet Transmission Date: Fri May 19 17:30:05 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20170519173005924
504-87130670-5903f438550cf1987f676e51c37
68b6aeb538c81582b6b64f3928d354ab2a5c9c-N
/A-N/A-20170519172010905390