Response to Office Action

ZENB

Kabushiki Kaisha Mizkan Holdings

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88000438
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION
MARK http://uspto.report/TM/88000438/mark.png
LITERAL ELEMENT ZENB
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (005)(no change)
GOODS AND/OR SERVICES SECTION (029)(current)
INTERNATIONAL CLASS 029
DESCRIPTION
Edible oils and fats; Milk products, namely, milk products excluding ice cream, ice milk and frozen yogurt; milk curd; Processed meat; Prepared meals consisting primarily of meat; Prepared meals consisting primarily of processed meat; Kits comprised of ingredients being primarily meat for cooking hot pot meat meals; Kits comprised of ingredients being primarily processed meat for cooking hot pot meat meals; Processed seafood; Prepared meals consisting primarily of seafood; Prepared meals consisting primarily of seaweed; Vegetable salads; Fruit salads; Other salads, namely, garden salads, legume salads, taco salad, potato salad, chicken salad; Jams; Peanut butter; Peanut spread; Processed vegetables and fruits; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of fruits; Prepared meals consisting primarily of preserved pulses; Kits comprised of ingredients with the combination of meat and processed vegetables for hot pot cooking; Kits comprised of ingredients with the combination of processed meat products and processed vegetables for hot pot cooking; Fried tofu pieces (abura-age); Freeze-dried tofu pieces (kohri-dofu); Jelly made from devils' tongue root (konnyaku); Soya milk; Tofu; Egg tofu (tamago dofu); Sesame dofu, namely, crushed sesame seeds boiled in water and chilled like tofu (goma dofu), not for use as seasonings; Walnut dofu, namely, a custard-like dish made of ground walnuts; Peanut dofu, namely, a custard-like dish made of ground peanuts; Fermented soybeans (natto); Soy pulp, namely, okara; Tofu skin; Prepared meals consisting primarily of fried tofu pieces (abura-age); Prepared meals consisting primarily of tofu; Prepared meals consisting primarily of jelly made from devils' tongue root (konnyaku); Prepared meals consisting primarily of soy pulp in the nature of okara; Prepared meals consisting primarily of fermented soybeans (natto); Pre-cooked curry stew, stew and soup mixes; Stew; Soups; Mixes for making soup for hot pot dishes; Soups for hot pot dishes; Mixes for making hot pot dishes composed primarily of vegetables; Mixes for making instant or pre-cooked miso soup; Instant miso soup; pre-cooked miso soup; Frozen vegetables; Frozen fruits; Processed eggs; Dried flakes of laver for sprinkling on rice in hot water (ochazuke- nori); Dried flakes of fish, meat, vegetables or seaweed (Furi-kake) for onigiri (rice balls); Dried flakes of fish, meat, vegetables or seaweed (furi-kake); Side-dish made of fermented soybean (Name-mono); Preserved pulses; Margarine; Butter; Cream; Milk beverages, milk predominating; Fish, preserved; Meat, preserved; Blocks of boiled, smokied and then dried bonitos (Katsuobushi); Dried pieces of agar jelly (Kanten); Flakes of dried fish meat (Kezuri-bushi); Fish meal for human consumption; Edible shavings of dried kelp (Tororo-kombu); Sheets of dried laver (Hoshi-nori); Dried brown algae (Hoshi-hijiki); Dried edible seaweed (Hoshiwakame); Toasted sheets of laver (Yaki-nori); Pickled fruits; Dried fruits; Dried vegetables; Dried beans; Vegetable juices for cooking; Marmalade; Pickled vegetables; Nuts, prepared; Fruit spread; Vegetable-based spread; Bean spread; Nut-based spread; Freeze-dried vegetables; Freeze-dried fruits; Freeze-dried beans; Tomato puree; Tomato paste; Vegetable puree; Vegetable paste; Fruit puree; Pressed fruit paste; Bean puree; Bean paste; Peanut puree; Peanut paste; Fruit, preserved; Vegetables, preserved; Beans, preserved; Nut, preserved; Ready-made mix consisting primarily of fish and/or vegetables with other added ingredients, namely, rice and prepared fish and/or vegetables, all for use in making gomoku chirashi sushi; Edible seaweed, namely, dried flakes of laver for sprinkling on rice in hot water (ochazuke-nori); Broth; Bouillon; Powdered soup stock, namely, mixes for making soup; Preparations for making soup; Soup mixes; Hot pot soup; Broth used for cooking ingredients in a hot pot; Broth concentrates; Bouillon concentrates; Frozen vegetables, namely, frozen peppers; Processed foods made from seaweed, namely, seaweed paste, powdered seaweed; Pickles; Sweet pickles; Spreads based on milk products, namely, cheese spread; Chili pepper jelly; Processed chili pepper; Canned chili pepper; Chili pepper puree; Ready-made mix consisting primarily of fish and/or vegetables seasoned with sugar, salt, and/or vinegar for making rice dishes; Soup stock; Ready-made seasoned mix consisting primarily of fish and/or vegetables with other added ingredients, flavored with sugar, salt, vinegar, and/or other seasonings, for making rice dishes; Ready- made mix consisting primarily of meat, seafood and/or vegetables seasoned with soy sauce for making rice dishes; Dried flakes of fish, meat, vegetables or seaweed and/or other ingredients for rice balls; Dried flakes of fish, meat, vegetables or seaweed and/or other ingredients for cooked rice with hot water (ochazuke-no-moto); Potato chips
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2018-002905
       FOREIGN APPLICATION COUNTRY Japan
        FOREIGN FILING DATE 01/11/2018
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 6087332
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
10/05/2018
       FOREIGN EXPIRATION DATE 10/05/2028
GOODS AND/OR SERVICES SECTION (029)(proposed)
INTERNATIONAL CLASS 029
TRACKED TEXT DESCRIPTION
Edible oils and fats; Milk products, namely, milk products excluding ice cream, ice milk and frozen yogurt; milk curd; Processed meat; Prepared meals consisting primarily of meat; Prepared meals consisting primarily of processed meat; Kits comprised of ingredients being primarily meat for cooking hot pot meat meals; Kits comprised of ingredients being primarily processed meat for cooking hot pot meat meals; Processed seafood; Prepared meals consisting primarily of seafood; Prepared meals consisting primarily of seaweed; Vegetable salads; Fruit salads; Other salads, namely, garden salads, legume salads, taco salad, potato salad, chicken salad; Jams; Peanut butter; Peanut spread; Processed vegetables and fruits; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of fruits; Prepared meals consisting primarily of preserved pulses; Kits comprised of ingredients with the combination of meat and processed vegetables for hot pot cooking; Kits comprised of ingredients with the combination of processed meat products and processed vegetables for hot pot cooking; Fried tofu pieces (abura-age); Freeze-dried tofu pieces (kohri-dofu); Jelly made from devils' tongue root (konnyaku); Soya milk; Tofu; Egg tofu (tamago dofu); Sesame dofu, namely, crushed sesame seeds boiled in water and chilled like tofu (goma dofu), not for use as seasonings; Walnut dofu, namely, a custard-like dish made of ground walnuts; Peanut dofu, namely, a custard-like dish made of ground peanuts; Fermented soybeans (natto); Soy pulp, namely, okara; Tofu skin; Prepared meals consisting primarily of fried tofu pieces (abura-age); Prepared meals consisting primarily of tofu; Prepared meals consisting primarily of jelly made from devils' tongue root (konnyaku); Prepared meals consisting primarily of soy pulp in the nature of okara; Prepared meals consisting primarily of fermented soybeans (natto); Pre-cooked curry stew, stew and soup mixes; Stew; Soups; Mixes for making soup for hot pot dishes; Soups for hot pot dishes; Mixes for making hot pot dishes composed primarily of vegetables; Mixes for making instant or pre-cooked miso soup; Instant miso soup; pre-cooked miso soup; Frozen vegetables; Frozen fruits; Processed eggs; Dried flakes of laver for sprinkling on rice in hot water (ochazuke- nori); Dried flakes of fish, meat, vegetables or seaweed (Furi-kake) for onigiri (rice balls); Dried flakes of fish, meat, vegetables or seaweed (furi-kake); Side-dish made of fermented soybean (Name-mono); Preserved pulses; Margarine; Butter; Cream; Milk beverages, milk predominating; Fish, preserved; Meat, preserved; Blocks of boiled, smokied and then dried bonitos (Katsuobushi); Dried pieces of agar jelly (Kanten); Flakes of dried fish meat (Kezuri-bushi); Fish meal for human consumption; Edible shavings of dried kelp (Tororo-kombu); Sheets of dried laver (Hoshi-nori); Dried brown algae (Hoshi-hijiki); Dried edible seaweed (Hoshiwakame); Toasted sheets of laver (Yaki-nori); Pickled fruits; Dried fruits; Dried vegetables; Dried beans; Vegetable juices for cooking; Marmalade; Pickled vegetables; Nuts, prepared; Fruit spread; Vegetable-based spread; Bean spread; Nut-based spread; Freeze-dried vegetables; Freeze-dried fruits; Freeze-dried beans; Tomato puree; Tomato paste; Vegetable puree; Vegetable paste; Fruit puree; Pressed fruit paste; Bean puree; Bean paste; Peanut puree; Peanut paste; Fruit, preserved; Vegetables, preserved; Beans, preserved; Nut, preserved; Ready-made mix consisting primarily of fish and/or vegetables with other added ingredients, namely, rice and prepared fish and/or vegetables, all for use in making gomoku chirashi sushi; Edible seaweed, namely, dried flakes of laver for sprinkling on rice in hot water (ochazuke-nori); Broth; Bouillon; Powdered soup stock, namely, mixes for making soup; Preparations for making soup; Soup mixes; Hot pot soup; Broth used for cooking ingredients in a hot pot; Broth concentrates; Bouillon concentrates; Frozen vegetables, namely, frozen peppers; Processed foods made from seaweed, namely, seaweed paste, powdered seaweed; Pickles; Sweet pickles; Spreads based on milk products, namely, cheese spread; Chili pepper jelly; Processed chili pepper; Canned chili pepper; Chili pepper puree; Ready-made mix consisting primarily of fish and/or vegetables seasoned with sugar, salt, and/or vinegar for making rice dishes; Soup stock; Ready-made seasoned mix consisting primarily of fish and/or vegetables with other added ingredients, flavored with sugar, salt, vinegar, and/or other seasonings, for making rice dishes; Ready-made seasoned mix consisting primarily of fish and/or vegetables flavored with sugar, salt, vinegar, and/or other seasonings, namely soysauce for making rice dishes; Ready- made mix consisting primarily of meat, seafood and/or vegetables seasoned with soy sauce for making rice dishes; Dried flakes of fish, meat, vegetables or seaweed and/or other ingredients for rice balls; Dried flakes of fish, meat, vegetables or seaweed and/or sesame, for rice balls; Dried flakes of fish, meat, vegetables or seaweed and/or other ingredients for cooked rice with hot water (ochazuke-no-moto); Dried flakes of fish, meat, vegetables or seaweed and/or sesame, for cooked rice with hot water (ochazuke-no-moto); Potato chips
FINAL DESCRIPTION
Edible oils and fats; Milk products, namely, milk products excluding ice cream, ice milk and frozen yogurt; milk curd; Processed meat; Prepared meals consisting primarily of meat; Prepared meals consisting primarily of processed meat; Kits comprised of ingredients being primarily meat for cooking hot pot meat meals; Kits comprised of ingredients being primarily processed meat for cooking hot pot meat meals; Processed seafood; Prepared meals consisting primarily of seafood; Prepared meals consisting primarily of seaweed; Vegetable salads; Fruit salads; Other salads, namely, garden salads, legume salads, taco salad, potato salad, chicken salad; Jams; Peanut butter; Peanut spread; Processed vegetables and fruits; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of fruits; Prepared meals consisting primarily of preserved pulses; Kits comprised of ingredients with the combination of meat and processed vegetables for hot pot cooking; Kits comprised of ingredients with the combination of processed meat products and processed vegetables for hot pot cooking; Fried tofu pieces (abura-age); Freeze-dried tofu pieces (kohri-dofu); Jelly made from devils' tongue root (konnyaku); Soya milk; Tofu; Egg tofu (tamago dofu); Sesame dofu, namely, crushed sesame seeds boiled in water and chilled like tofu (goma dofu), not for use as seasonings; Walnut dofu, namely, a custard-like dish made of ground walnuts; Peanut dofu, namely, a custard-like dish made of ground peanuts; Fermented soybeans (natto); Soy pulp, namely, okara; Tofu skin; Prepared meals consisting primarily of fried tofu pieces (abura-age); Prepared meals consisting primarily of tofu; Prepared meals consisting primarily of jelly made from devils' tongue root (konnyaku); Prepared meals consisting primarily of soy pulp in the nature of okara; Prepared meals consisting primarily of fermented soybeans (natto); Pre-cooked curry stew, stew and soup mixes; Stew; Soups; Mixes for making soup for hot pot dishes; Soups for hot pot dishes; Mixes for making hot pot dishes composed primarily of vegetables; Mixes for making instant or pre-cooked miso soup; Instant miso soup; pre-cooked miso soup; Frozen vegetables; Frozen fruits; Processed eggs; Dried flakes of laver for sprinkling on rice in hot water (ochazuke- nori); Dried flakes of fish, meat, vegetables or seaweed (Furi-kake) for onigiri (rice balls); Dried flakes of fish, meat, vegetables or seaweed (furi-kake); Side-dish made of fermented soybean (Name-mono); Preserved pulses; Margarine; Butter; Cream; Milk beverages, milk predominating; Fish, preserved; Meat, preserved; Blocks of boiled, smokied and then dried bonitos (Katsuobushi); Dried pieces of agar jelly (Kanten); Flakes of dried fish meat (Kezuri-bushi); Fish meal for human consumption; Edible shavings of dried kelp (Tororo-kombu); Sheets of dried laver (Hoshi-nori); Dried brown algae (Hoshi-hijiki); Dried edible seaweed (Hoshiwakame); Toasted sheets of laver (Yaki-nori); Pickled fruits; Dried fruits; Dried vegetables; Dried beans; Vegetable juices for cooking; Marmalade; Pickled vegetables; Nuts, prepared; Fruit spread; Vegetable-based spread; Bean spread; Nut-based spread; Freeze-dried vegetables; Freeze-dried fruits; Freeze-dried beans; Tomato puree; Tomato paste; Vegetable puree; Vegetable paste; Fruit puree; Pressed fruit paste; Bean puree; Bean paste; Peanut puree; Peanut paste; Fruit, preserved; Vegetables, preserved; Beans, preserved; Nut, preserved; Ready-made mix consisting primarily of fish and/or vegetables with other added ingredients, namely, rice and prepared fish and/or vegetables, all for use in making gomoku chirashi sushi; Edible seaweed, namely, dried flakes of laver for sprinkling on rice in hot water (ochazuke-nori); Broth; Bouillon; Powdered soup stock, namely, mixes for making soup; Preparations for making soup; Soup mixes; Hot pot soup; Broth used for cooking ingredients in a hot pot; Broth concentrates; Bouillon concentrates; Frozen vegetables, namely, frozen peppers; Processed foods made from seaweed, namely, seaweed paste, powdered seaweed; Pickles; Sweet pickles; Spreads based on milk products, namely, cheese spread; Chili pepper jelly; Processed chili pepper; Canned chili pepper; Chili pepper puree; Ready-made mix consisting primarily of fish and/or vegetables seasoned with sugar, salt, and/or vinegar for making rice dishes; Soup stock; Ready-made seasoned mix consisting primarily of fish and/or vegetables flavored with sugar, salt, vinegar, and/or other seasonings, namely soysauce for making rice dishes; Ready- made mix consisting primarily of meat, seafood and/or vegetables seasoned with soy sauce for making rice dishes; Dried flakes of fish, meat, vegetables or seaweed and/or sesame, for rice balls; Dried flakes of fish, meat, vegetables or seaweed and/or sesame, for cooked rice with hot water (ochazuke-no-moto); Potato chips
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2018-002905
       FOREIGN APPLICATION COUNTRY Japan
       FOREIGN FILING DATE 01/11/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 6087332
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
10/05/2018
       FOREIGN EXPIRATION DATE 10/05/2028
GOODS AND/OR SERVICES SECTION (030)(current)
INTERNATIONAL CLASS 030
DESCRIPTION
Confectionery, namely, baked confectionery in the nature of brownies, muffins, scones, cookies, cakes; pudding; frozen confectionery; bread and buns; Sandwiches; Steamed buns stuffed with minced meat (Chuka-manjuh); Hamburger sandwiches; Pizzas; Hot dogs sandwiches; Meat pies; Vinegar; Sushi vinegar; Powdered sushi vinegar; Seasonings for sushi, namely, sauce for sushi, seasoning for rice for sushi; Seasoning vinegar; Soy sauce containing citrus juice or vinegar (ponzu); Seasoned soy sauce; Seasoning mixes for soup broth; Seasoning for noodles; Marinades; Seasoning for hot pot dishes; Seasoning for hot boiled dishes; Seasoning for stewed cooking; Seasoning for pickles; Sauces for hot pot dishes; Sauces for rice bowl dishes (donburi); Seasoning, namely, golden syrup, corn syrup, glutinous starch syrup; Spices; Processed grains; Chinese stuffed dumplings (gyoza, cooked); Chinese steamed dumplings (shumai, cooked); Sushi; Fried balls of batter mix with small pieces of octopus (Takoyaki); Prepared boxed lunch of rice, with added meat, fish or vegetables; Ravioli; Onigiri (rice balls); Cooked rice; Steamed rice with red beans; Okowa (steamed glutinous rice); Prepared gruel of oatmeal or rice; Prepared rice gruel (zosui); Prepared boiled rice seasoned with soy sauce and mixed with meat or seafood and savory vegetables (takikomi-gohan); Prepared rice, meat, and vegetables boiled together in a small kama cooking pot (kamameshi); Prepared pilaf; Prepared yakimeshi (fried rice); Noodle based prepared meals; Prepared meals consisting primarily of rice with curry; Prepared donburi (rice bowl dishes); Prepared meals consisting primarily of wheat, barley, rice or corn; Instant confectionery mixes, namely, instant pudding mixes, instant doughnut mixes, instant pancake mixes; Pasta sauce; Tea; Coffee; Cocoa (roasted, powdered, granulated, or in drinks); Ice cream mixes: Sherbet mixes; Chocolate spread; Gluten addititves for culinary purposes; Flour; Prepared coffee and coffee-based beverages; Prepared cocoa and cocoa-based beverages; Sauces; Seasoning; Dipping sauce; Salad dressings; Soya bean paste; Mayonnaise; Chutneys; Tomato sauce; Sugar; Honey; Cooking salt; Roasted and ground sesame seeds for use as seasonings; Umami seasonings; Preparations made from wheat barley, rice, or corn, namely, cereal paste, cereal spread, cereal-based snack bars, corn paste, corn spread, corn-based snack bars; Cereal bars; Noodles; Almond paste; Piccalilli; Fruit coulis; Relish; Japanese arrowroot starch noodles (kuzukiri); Flavorings, other than essential oils, for beverages, cakes, cheeses, soups, butter; Powdered sauce mix, namely, powdered salad dressing; Gelled sauce, namely, gelled salad dressing; Browning sauce for cooking; Seasoning mixes; Ready- made sauce; Powdered sauce base; Flavorings, other than essential oils, for hot pot dishes (nabemono); Basting sauce; Sesame sauce; Powdered sushi seasoning mixes; Seasoned vinegar; Citrus seasoned soy sauce (ponzu); Ponzu citrus seasoning; Soy sauce; Ketchup; Salad dressings containing cream; Mustard; Seasonings in the nature of wine powder; Sweet seasoning; Fermented seasonings; Citrus seasoning; Dried starch noodles (harusame); Glass noodles; Seasoning for cooked rice with hot water (seasoning mixes for ochazuke); Seasonings containing collagen for hot soup dishes; Ice cream, ice milk, and frozen yogurt; Prepared curry, namely, curry pastes, curry sauce, curry as a spice mixture only, curry powder; Mixes for making gomoku-zushi; Mixes for making chirashi-zushi; Mixes for making Chinese congee; Mixes for making Kamameshi; Mixes for making Maze gohan; Protein for human consumption, namely, soya bean paste with added protein, quinoa-based food bars with added protein, grain-based food bars with added protein, Japanese arrowroot powder for food (kudzu-ko); Spreads based on milk products, namely, caramel spread
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2018-002905
       FOREIGN APPLICATION COUNTRY Japan
        FOREIGN FILING DATE 01/11/2018
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 6087332
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
10/05/2018
       FOREIGN EXPIRATION DATE 10/05/2028
GOODS AND/OR SERVICES SECTION (030)(proposed)
INTERNATIONAL CLASS 030
TRACKED TEXT DESCRIPTION
Confectionery, namely, baked confectionery in the nature of brownies, muffins, scones, cookies, cakes; pudding; frozen confectionery; bread and buns; Sandwiches; Steamed buns stuffed with minced meat (Chuka-manjuh); Hamburger sandwiches; Pizzas; Hot dogs sandwiches; Meat pies; Vinegar; Sushi vinegar; Powdered sushi vinegar; Seasonings for sushi, namely, sauce for sushi, seasoning for rice for sushi; Seasoning vinegar; Soy sauce containing citrus juice or vinegar (ponzu); Seasoned soy sauce; Seasoning mixes for soup broth; Seasoning for noodles; Marinades; Seasoning for hot pot dishes; Seasoning for hot boiled dishes; Seasoning for stewed cooking; Seasoning for pickles; Sauces for hot pot dishes; Sauces for rice bowl dishes (donburi); Seasoning, namely, golden syrup, corn syrup, glutinous starch syrup; Spices; Processed grains; Chinese stuffed dumplings (gyoza, cooked); Chinese steamed dumplings (shumai, cooked); Sushi; Fried balls of batter mix with small pieces of octopus (Takoyaki); Prepared boxed lunch of rice, with added meat, fish or vegetables; Ravioli; Onigiri (rice balls); Cooked rice; Steamed rice with red beans; Okowa (steamed glutinous rice); Prepared gruel of oatmeal or rice; Prepared rice gruel (zosui); Prepared boiled rice seasoned with soy sauce and mixed with meat or seafood and savory vegetables (takikomi-gohan); Prepared rice, meat, and vegetables boiled together in a small kama cooking pot (kamameshi); Prepared pilaf; Prepared yakimeshi (fried rice); Noodle based prepared meals; Prepared meals consisting primarily of rice with curry; Prepared donburi (rice bowl dishes); Prepared meals consisting primarily of wheat, barley, rice or corn; Instant confectionery mixes, namely, instant pudding mixes, instant doughnut mixes, instant pancake mixes; Pasta sauce; Tea; Coffee; Cocoa (roasted, powdered, granulated, or in drinks); Cocoa; Ice cream mixes: Sherbet mixes; Ice cream mixes; Sherbet mixes; Gluten addititves for culinary purposes; Chocolate spread; Gluten additives for culinary purposes; Flour; Prepared coffee and coffee-based beverages; Prepared cocoa and cocoa-based beverages; Sauces; Seasoning; Dipping sauce; Salad dressings; Soya bean paste; Mayonnaise; Chutneys; Tomato sauce; Sugar; Honey; Cooking salt; Roasted and ground sesame seeds for use as seasonings; Umami seasonings; Preparations made from wheat barley, rice, or corn, namely, cereal paste, cereal spread, cereal-based snack bars, corn paste, corn spread, corn-based snack bars; Cereal bars; Noodles; Almond paste; Piccalilli; Fruit coulis; Relish; Japanese arrowroot starch noodles (kuzukiri); Flavorings, other than essential oils, for beverages, cakes, cheeses, soups, butter; Powdered sauce mix, namely, powdered salad dressing; Gelled sauce, namely, gelled salad dressing; Browning sauce for cooking; Seasoning mixes; Ready- made sauce; Powdered sauce base; Flavorings, other than essential oils, for hot pot dishes (nabemono); Basting sauce; Sesame sauce; Powdered sushi seasoning mixes; Seasoned vinegar; Citrus seasoned soy sauce (ponzu); Ponzu citrus seasoning; Soy sauce; Ketchup; Salad dressings containing cream; Mustard; Seasonings in the nature of wine powder; Sweet seasoning; Fermented seasonings; Citrus seasoning; Dried starch noodles (harusame); Glass noodles; Seasoning for cooked rice with hot water (seasoning mixes for ochazuke); Seasonings containing collagen for hot soup dishes; Ice cream, ice milk, and frozen yogurt; Prepared curry, namely, curry pastes, curry sauce, curry as a spice mixture only, curry powder; Mixes for making gomoku-zushi; Mixes for making chirashi-zushi; Mixes for making Chinese congee; Mixes for making Kamameshi; Protein for human consumption, namely, soya bean paste with added protein, quinoa-based food bars with added protein, grain-based food bars with added protein, Japanese arrowroot powder for food (kudzu-ko); Mixes for making Maze gohan; Protein for human consumption, namely, soya bean paste with added protein, quinoa-based food bars with added protein, grain-based food bars with added protein; Japanese arrowroot powder for food (kudzu-ko); Spreads based on milk products, namely, caramel spread
FINAL DESCRIPTION
Confectionery, namely, baked confectionery in the nature of brownies, muffins, scones, cookies, cakes; pudding; frozen confectionery; bread and buns; Sandwiches; Steamed buns stuffed with minced meat (Chuka-manjuh); Hamburger sandwiches; Pizzas; Hot dogs sandwiches; Meat pies; Vinegar; Sushi vinegar; Powdered sushi vinegar; Seasonings for sushi, namely, sauce for sushi, seasoning for rice for sushi; Seasoning vinegar; Soy sauce containing citrus juice or vinegar (ponzu); Seasoned soy sauce; Seasoning mixes for soup broth; Seasoning for noodles; Marinades; Seasoning for hot pot dishes; Seasoning for hot boiled dishes; Seasoning for stewed cooking; Seasoning for pickles; Sauces for hot pot dishes; Sauces for rice bowl dishes (donburi); Seasoning, namely, golden syrup, corn syrup, glutinous starch syrup; Spices; Processed grains; Chinese stuffed dumplings (gyoza, cooked); Chinese steamed dumplings (shumai, cooked); Sushi; Fried balls of batter mix with small pieces of octopus (Takoyaki); Prepared boxed lunch of rice, with added meat, fish or vegetables; Ravioli; Onigiri (rice balls); Cooked rice; Steamed rice with red beans; Okowa (steamed glutinous rice); Prepared gruel of oatmeal or rice; Prepared rice gruel (zosui); Prepared boiled rice seasoned with soy sauce and mixed with meat or seafood and savory vegetables (takikomi-gohan); Prepared rice, meat, and vegetables boiled together in a small kama cooking pot (kamameshi); Prepared pilaf; Prepared yakimeshi (fried rice); Noodle based prepared meals; Prepared meals consisting primarily of rice with curry; Prepared donburi (rice bowl dishes); Prepared meals consisting primarily of wheat, barley, rice or corn; Instant confectionery mixes, namely, instant pudding mixes, instant doughnut mixes, instant pancake mixes; Pasta sauce; Tea; Coffee; Cocoa; Ice cream mixes; Sherbet mixes; Chocolate spread; Gluten additives for culinary purposes; Flour; Prepared coffee and coffee-based beverages; Prepared cocoa and cocoa-based beverages; Sauces; Seasoning; Dipping sauce; Salad dressings; Soya bean paste; Mayonnaise; Chutneys; Tomato sauce; Sugar; Honey; Cooking salt; Roasted and ground sesame seeds for use as seasonings; Umami seasonings; Preparations made from wheat barley, rice, or corn, namely, cereal paste, cereal spread, cereal-based snack bars, corn paste, corn spread, corn-based snack bars; Cereal bars; Noodles; Almond paste; Piccalilli; Fruit coulis; Relish; Japanese arrowroot starch noodles (kuzukiri); Flavorings, other than essential oils, for beverages, cakes, cheeses, soups, butter; Powdered sauce mix, namely, powdered salad dressing; Gelled sauce, namely, gelled salad dressing; Browning sauce for cooking; Seasoning mixes; Ready- made sauce; Powdered sauce base; Flavorings, other than essential oils, for hot pot dishes (nabemono); Basting sauce; Sesame sauce; Powdered sushi seasoning mixes; Seasoned vinegar; Citrus seasoned soy sauce (ponzu); Ponzu citrus seasoning; Soy sauce; Ketchup; Salad dressings containing cream; Mustard; Seasonings in the nature of wine powder; Sweet seasoning; Fermented seasonings; Citrus seasoning; Dried starch noodles (harusame); Glass noodles; Seasoning for cooked rice with hot water (seasoning mixes for ochazuke); Seasonings containing collagen for hot soup dishes; Ice cream, ice milk, and frozen yogurt; Prepared curry, namely, curry pastes, curry sauce, curry as a spice mixture only, curry powder; Mixes for making gomoku-zushi; Mixes for making chirashi-zushi; Mixes for making Chinese congee; Mixes for making Kamameshi; Mixes for making Maze gohan; Protein for human consumption, namely, soya bean paste with added protein, quinoa-based food bars with added protein, grain-based food bars with added protein; Japanese arrowroot powder for food (kudzu-ko); Spreads based on milk products, namely, caramel spread
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2018-002905
       FOREIGN APPLICATION COUNTRY Japan
       FOREIGN FILING DATE 01/11/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 6087332
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
10/05/2018
       FOREIGN EXPIRATION DATE 10/05/2028
GOODS AND/OR SERVICES SECTION (032)(no change)
GOODS AND/OR SERVICES SECTION (033)(current)
INTERNATIONAL CLASS 033
DESCRIPTION
Distilled rice spirits (awamori); Japanese white liquor (Shochu); Japanese sweet rice-based mixed liquor (Shiro-zake); Sake; Japanese regenerated liquor (naoshi); Japanese Shochu-based mixed liquor (Mirin); Western liquors namely, vodka, rum, whiskey; Alcoholic fruit beverages; Wine; Cooking wine; Chinese brewed, white, mixed liquors; Flavored liquors; Distilled alcoholic liquor; Seasoning in the nature of wine for seasoning for culinary purposes; Seasoning in the nature of sake for seasoning for culinary purposes; Seasoning in the nature of western liquors for seasoning for culinary purposes; Seasoning in the nature of Chinese liquors for seasoning for culinary purposes
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 2018-002905
       FOREIGN APPLICATION COUNTRY Japan
        FOREIGN FILING DATE 01/11/2018
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 6087332
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
10/05/2018
       FOREIGN EXPIRATION DATE 10/05/2028
GOODS AND/OR SERVICES SECTION (033)(proposed)
INTERNATIONAL CLASS 033
TRACKED TEXT DESCRIPTION
Distilled rice spirits (awamori); Japanese white liquor (Shochu); Japanese sweet rice-based mixed liquor (Shiro-zake); Sake; Japanese regenerated liquor (naoshi); Japanese Shochu-based mixed liquor (Mirin); Western liquors namely, vodka, rum, whiskey; Alcoholic fruit beverages; Wine; Cooking wine; Chinese brewed, white, mixed liquors; Flavored liquors; Distilled alcoholic liquor; Seasoning in the nature of wine for seasoning for culinary purposes; Seasoning in the nature of sake for seasoning for culinary purposes; Seasoning in the nature of western liquors for seasoning for culinary purposes; Seasoning in the nature of western liquors for seasoning for culinary purposes, namely, wine, brandy, whiskey, spirits; Seasoning in the nature of Chinese liquors for seasoning for culinary purposes; Seasoning in the nature of Chinese liquors for seasoning for culinary purposes, namely, Shaoxing rice wine
FINAL DESCRIPTION
Distilled rice spirits (awamori); Japanese white liquor (Shochu); Japanese sweet rice-based mixed liquor (Shiro-zake); Sake; Japanese regenerated liquor (naoshi); Japanese Shochu-based mixed liquor (Mirin); Western liquors namely, vodka, rum, whiskey; Alcoholic fruit beverages; Wine; Cooking wine; Chinese brewed, white, mixed liquors; Flavored liquors; Distilled alcoholic liquor; Seasoning in the nature of wine for seasoning for culinary purposes; Seasoning in the nature of sake for seasoning for culinary purposes; Seasoning in the nature of western liquors for seasoning for culinary purposes, namely, wine, brandy, whiskey, spirits; Seasoning in the nature of Chinese liquors for seasoning for culinary purposes, namely, Shaoxing rice wine
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 2018-002905
       FOREIGN APPLICATION COUNTRY Japan
       FOREIGN FILING DATE 01/11/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 6087332
       FOREIGN REGISTRATION
       COUNTRY
Japan
       FOREIGN REGISTRATION
       DATE
10/05/2018
       FOREIGN EXPIRATION DATE 10/05/2028
GOODS AND/OR SERVICES SECTION (043)(no change)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant notes that the Examiner has objected to several goods in the ID as being beyond the scope of the Japanese registrations previously submitted. Applicant is attaching hereto two tables indicating where each of the goods objected to by the Examiner can be found in each of the corresponding Japanese registrations. Accordingly, Applicant respectfully requests that this objection be withdrawn and the application be approved for publication with all of the goods.
        MISCELLANEOUS FILE NAME(S)
       ORIGINAL PDF FILE mis-1086160243-20190731095057923561_._ZENB_CLARIFICATION_1.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
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        \\TICRS\EXPORT17\IMAGEOUT17\880\004\88000438\xml10\ROA0003.JPG
       ORIGINAL PDF FILE mis-1086160243-20190731095057923561_._ZENB_CLARIFICATION_2.pdf
       CONVERTED PDF FILE(S)
       (1 page)
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SIGNATURE SECTION
RESPONSE SIGNATURE /lsl/
SIGNATORY'S NAME Lindsey S. Leibowitz
SIGNATORY'S POSITION Attorney for Applicant, NYS Bar Member
SIGNATORY'S PHONE NUMBER 914-723-4300
DATE SIGNED 07/31/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jul 31 11:09:17 EDT 2019
TEAS STAMP USPTO/ROA-XXX.X.XXX.XXX-2
0190731110917092459-88000
438-620825b689bc78a96d92f
6c53e454ecaec27f9b74f42f2
8b35d2da3bbcf5039fb-N/A-N
/A-20190731095057923561



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. 88000438 ZENB(Standard Characters, see http://uspto.report/TM/88000438/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 Edible oils and fats; Milk products, namely, milk products excluding ice cream, ice milk and frozen yogurt; milk curd; Processed meat; Prepared meals consisting primarily of meat; Prepared meals consisting primarily of processed meat; Kits comprised of ingredients being primarily meat for cooking hot pot meat meals; Kits comprised of ingredients being primarily processed meat for cooking hot pot meat meals; Processed seafood; Prepared meals consisting primarily of seafood; Prepared meals consisting primarily of seaweed; Vegetable salads; Fruit salads; Other salads, namely, garden salads, legume salads, taco salad, potato salad, chicken salad; Jams; Peanut butter; Peanut spread; Processed vegetables and fruits; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of fruits; Prepared meals consisting primarily of preserved pulses; Kits comprised of ingredients with the combination of meat and processed vegetables for hot pot cooking; Kits comprised of ingredients with the combination of processed meat products and processed vegetables for hot pot cooking; Fried tofu pieces (abura-age); Freeze-dried tofu pieces (kohri-dofu); Jelly made from devils' tongue root (konnyaku); Soya milk; Tofu; Egg tofu (tamago dofu); Sesame dofu, namely, crushed sesame seeds boiled in water and chilled like tofu (goma dofu), not for use as seasonings; Walnut dofu, namely, a custard-like dish made of ground walnuts; Peanut dofu, namely, a custard-like dish made of ground peanuts; Fermented soybeans (natto); Soy pulp, namely, okara; Tofu skin; Prepared meals consisting primarily of fried tofu pieces (abura-age); Prepared meals consisting primarily of tofu; Prepared meals consisting primarily of jelly made from devils' tongue root (konnyaku); Prepared meals consisting primarily of soy pulp in the nature of okara; Prepared meals consisting primarily of fermented soybeans (natto); Pre-cooked curry stew, stew and soup mixes; Stew; Soups; Mixes for making soup for hot pot dishes; Soups for hot pot dishes; Mixes for making hot pot dishes composed primarily of vegetables; Mixes for making instant or pre-cooked miso soup; Instant miso soup; pre-cooked miso soup; Frozen vegetables; Frozen fruits; Processed eggs; Dried flakes of laver for sprinkling on rice in hot water (ochazuke- nori); Dried flakes of fish, meat, vegetables or seaweed (Furi-kake) for onigiri (rice balls); Dried flakes of fish, meat, vegetables or seaweed (furi-kake); Side-dish made of fermented soybean (Name-mono); Preserved pulses; Margarine; Butter; Cream; Milk beverages, milk predominating; Fish, preserved; Meat, preserved; Blocks of boiled, smokied and then dried bonitos (Katsuobushi); Dried pieces of agar jelly (Kanten); Flakes of dried fish meat (Kezuri-bushi); Fish meal for human consumption; Edible shavings of dried kelp (Tororo-kombu); Sheets of dried laver (Hoshi-nori); Dried brown algae (Hoshi-hijiki); Dried edible seaweed (Hoshiwakame); Toasted sheets of laver (Yaki-nori); Pickled fruits; Dried fruits; Dried vegetables; Dried beans; Vegetable juices for cooking; Marmalade; Pickled vegetables; Nuts, prepared; Fruit spread; Vegetable-based spread; Bean spread; Nut-based spread; Freeze-dried vegetables; Freeze-dried fruits; Freeze-dried beans; Tomato puree; Tomato paste; Vegetable puree; Vegetable paste; Fruit puree; Pressed fruit paste; Bean puree; Bean paste; Peanut puree; Peanut paste; Fruit, preserved; Vegetables, preserved; Beans, preserved; Nut, preserved; Ready-made mix consisting primarily of fish and/or vegetables with other added ingredients, namely, rice and prepared fish and/or vegetables, all for use in making gomoku chirashi sushi; Edible seaweed, namely, dried flakes of laver for sprinkling on rice in hot water (ochazuke-nori); Broth; Bouillon; Powdered soup stock, namely, mixes for making soup; Preparations for making soup; Soup mixes; Hot pot soup; Broth used for cooking ingredients in a hot pot; Broth concentrates; Bouillon concentrates; Frozen vegetables, namely, frozen peppers; Processed foods made from seaweed, namely, seaweed paste, powdered seaweed; Pickles; Sweet pickles; Spreads based on milk products, namely, cheese spread; Chili pepper jelly; Processed chili pepper; Canned chili pepper; Chili pepper puree; Ready-made mix consisting primarily of fish and/or vegetables seasoned with sugar, salt, and/or vinegar for making rice dishes; Soup stock; Ready-made seasoned mix consisting primarily of fish and/or vegetables with other added ingredients, flavored with sugar, salt, vinegar, and/or other seasonings, for making rice dishes; Ready- made mix consisting primarily of meat, seafood and/or vegetables seasoned with soy sauce for making rice dishes; Dried flakes of fish, meat, vegetables or seaweed and/or other ingredients for rice balls; Dried flakes of fish, meat, vegetables or seaweed and/or other ingredients for cooked rice with hot water (ochazuke-no-moto); Potato chips
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-002905 filed 01/11/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 6087332 registered 10/05/2018 with a renewal date of __________ and an expiration date of 10/05/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Edible oils and fats; Milk products, namely, milk products excluding ice cream, ice milk and frozen yogurt; milk curd; Processed meat; Prepared meals consisting primarily of meat; Prepared meals consisting primarily of processed meat; Kits comprised of ingredients being primarily meat for cooking hot pot meat meals; Kits comprised of ingredients being primarily processed meat for cooking hot pot meat meals; Processed seafood; Prepared meals consisting primarily of seafood; Prepared meals consisting primarily of seaweed; Vegetable salads; Fruit salads; Other salads, namely, garden salads, legume salads, taco salad, potato salad, chicken salad; Jams; Peanut butter; Peanut spread; Processed vegetables and fruits; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of fruits; Prepared meals consisting primarily of preserved pulses; Kits comprised of ingredients with the combination of meat and processed vegetables for hot pot cooking; Kits comprised of ingredients with the combination of processed meat products and processed vegetables for hot pot cooking; Fried tofu pieces (abura-age); Freeze-dried tofu pieces (kohri-dofu); Jelly made from devils' tongue root (konnyaku); Soya milk; Tofu; Egg tofu (tamago dofu); Sesame dofu, namely, crushed sesame seeds boiled in water and chilled like tofu (goma dofu), not for use as seasonings; Walnut dofu, namely, a custard-like dish made of ground walnuts; Peanut dofu, namely, a custard-like dish made of ground peanuts; Fermented soybeans (natto); Soy pulp, namely, okara; Tofu skin; Prepared meals consisting primarily of fried tofu pieces (abura-age); Prepared meals consisting primarily of tofu; Prepared meals consisting primarily of jelly made from devils' tongue root (konnyaku); Prepared meals consisting primarily of soy pulp in the nature of okara; Prepared meals consisting primarily of fermented soybeans (natto); Pre-cooked curry stew, stew and soup mixes; Stew; Soups; Mixes for making soup for hot pot dishes; Soups for hot pot dishes; Mixes for making hot pot dishes composed primarily of vegetables; Mixes for making instant or pre-cooked miso soup; Instant miso soup; pre-cooked miso soup; Frozen vegetables; Frozen fruits; Processed eggs; Dried flakes of laver for sprinkling on rice in hot water (ochazuke- nori); Dried flakes of fish, meat, vegetables or seaweed (Furi-kake) for onigiri (rice balls); Dried flakes of fish, meat, vegetables or seaweed (furi-kake); Side-dish made of fermented soybean (Name-mono); Preserved pulses; Margarine; Butter; Cream; Milk beverages, milk predominating; Fish, preserved; Meat, preserved; Blocks of boiled, smokied and then dried bonitos (Katsuobushi); Dried pieces of agar jelly (Kanten); Flakes of dried fish meat (Kezuri-bushi); Fish meal for human consumption; Edible shavings of dried kelp (Tororo-kombu); Sheets of dried laver (Hoshi-nori); Dried brown algae (Hoshi-hijiki); Dried edible seaweed (Hoshiwakame); Toasted sheets of laver (Yaki-nori); Pickled fruits; Dried fruits; Dried vegetables; Dried beans; Vegetable juices for cooking; Marmalade; Pickled vegetables; Nuts, prepared; Fruit spread; Vegetable-based spread; Bean spread; Nut-based spread; Freeze-dried vegetables; Freeze-dried fruits; Freeze-dried beans; Tomato puree; Tomato paste; Vegetable puree; Vegetable paste; Fruit puree; Pressed fruit paste; Bean puree; Bean paste; Peanut puree; Peanut paste; Fruit, preserved; Vegetables, preserved; Beans, preserved; Nut, preserved; Ready-made mix consisting primarily of fish and/or vegetables with other added ingredients, namely, rice and prepared fish and/or vegetables, all for use in making gomoku chirashi sushi; Edible seaweed, namely, dried flakes of laver for sprinkling on rice in hot water (ochazuke-nori); Broth; Bouillon; Powdered soup stock, namely, mixes for making soup; Preparations for making soup; Soup mixes; Hot pot soup; Broth used for cooking ingredients in a hot pot; Broth concentrates; Bouillon concentrates; Frozen vegetables, namely, frozen peppers; Processed foods made from seaweed, namely, seaweed paste, powdered seaweed; Pickles; Sweet pickles; Spreads based on milk products, namely, cheese spread; Chili pepper jelly; Processed chili pepper; Canned chili pepper; Chili pepper puree; Ready-made mix consisting primarily of fish and/or vegetables seasoned with sugar, salt, and/or vinegar for making rice dishes; Soup stock; Ready-made seasoned mix consisting primarily of fish and/or vegetables with other added ingredients, flavored with sugar, salt, vinegar, and/or other seasonings, for making rice dishes; Ready-made seasoned mix consisting primarily of fish and/or vegetables flavored with sugar, salt, vinegar, and/or other seasonings, namely soysauce for making rice dishes; Ready- made mix consisting primarily of meat, seafood and/or vegetables seasoned with soy sauce for making rice dishes; Dried flakes of fish, meat, vegetables or seaweed and/or other ingredients for rice balls; Dried flakes of fish, meat, vegetables or seaweed and/or sesame, for rice balls; Dried flakes of fish, meat, vegetables or seaweed and/or other ingredients for cooked rice with hot water (ochazuke-no-moto); Dried flakes of fish, meat, vegetables or seaweed and/or sesame, for cooked rice with hot water (ochazuke-no-moto); Potato chipsClass 029 for Edible oils and fats; Milk products, namely, milk products excluding ice cream, ice milk and frozen yogurt; milk curd; Processed meat; Prepared meals consisting primarily of meat; Prepared meals consisting primarily of processed meat; Kits comprised of ingredients being primarily meat for cooking hot pot meat meals; Kits comprised of ingredients being primarily processed meat for cooking hot pot meat meals; Processed seafood; Prepared meals consisting primarily of seafood; Prepared meals consisting primarily of seaweed; Vegetable salads; Fruit salads; Other salads, namely, garden salads, legume salads, taco salad, potato salad, chicken salad; Jams; Peanut butter; Peanut spread; Processed vegetables and fruits; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of fruits; Prepared meals consisting primarily of preserved pulses; Kits comprised of ingredients with the combination of meat and processed vegetables for hot pot cooking; Kits comprised of ingredients with the combination of processed meat products and processed vegetables for hot pot cooking; Fried tofu pieces (abura-age); Freeze-dried tofu pieces (kohri-dofu); Jelly made from devils' tongue root (konnyaku); Soya milk; Tofu; Egg tofu (tamago dofu); Sesame dofu, namely, crushed sesame seeds boiled in water and chilled like tofu (goma dofu), not for use as seasonings; Walnut dofu, namely, a custard-like dish made of ground walnuts; Peanut dofu, namely, a custard-like dish made of ground peanuts; Fermented soybeans (natto); Soy pulp, namely, okara; Tofu skin; Prepared meals consisting primarily of fried tofu pieces (abura-age); Prepared meals consisting primarily of tofu; Prepared meals consisting primarily of jelly made from devils' tongue root (konnyaku); Prepared meals consisting primarily of soy pulp in the nature of okara; Prepared meals consisting primarily of fermented soybeans (natto); Pre-cooked curry stew, stew and soup mixes; Stew; Soups; Mixes for making soup for hot pot dishes; Soups for hot pot dishes; Mixes for making hot pot dishes composed primarily of vegetables; Mixes for making instant or pre-cooked miso soup; Instant miso soup; pre-cooked miso soup; Frozen vegetables; Frozen fruits; Processed eggs; Dried flakes of laver for sprinkling on rice in hot water (ochazuke- nori); Dried flakes of fish, meat, vegetables or seaweed (Furi-kake) for onigiri (rice balls); Dried flakes of fish, meat, vegetables or seaweed (furi-kake); Side-dish made of fermented soybean (Name-mono); Preserved pulses; Margarine; Butter; Cream; Milk beverages, milk predominating; Fish, preserved; Meat, preserved; Blocks of boiled, smokied and then dried bonitos (Katsuobushi); Dried pieces of agar jelly (Kanten); Flakes of dried fish meat (Kezuri-bushi); Fish meal for human consumption; Edible shavings of dried kelp (Tororo-kombu); Sheets of dried laver (Hoshi-nori); Dried brown algae (Hoshi-hijiki); Dried edible seaweed (Hoshiwakame); Toasted sheets of laver (Yaki-nori); Pickled fruits; Dried fruits; Dried vegetables; Dried beans; Vegetable juices for cooking; Marmalade; Pickled vegetables; Nuts, prepared; Fruit spread; Vegetable-based spread; Bean spread; Nut-based spread; Freeze-dried vegetables; Freeze-dried fruits; Freeze-dried beans; Tomato puree; Tomato paste; Vegetable puree; Vegetable paste; Fruit puree; Pressed fruit paste; Bean puree; Bean paste; Peanut puree; Peanut paste; Fruit, preserved; Vegetables, preserved; Beans, preserved; Nut, preserved; Ready-made mix consisting primarily of fish and/or vegetables with other added ingredients, namely, rice and prepared fish and/or vegetables, all for use in making gomoku chirashi sushi; Edible seaweed, namely, dried flakes of laver for sprinkling on rice in hot water (ochazuke-nori); Broth; Bouillon; Powdered soup stock, namely, mixes for making soup; Preparations for making soup; Soup mixes; Hot pot soup; Broth used for cooking ingredients in a hot pot; Broth concentrates; Bouillon concentrates; Frozen vegetables, namely, frozen peppers; Processed foods made from seaweed, namely, seaweed paste, powdered seaweed; Pickles; Sweet pickles; Spreads based on milk products, namely, cheese spread; Chili pepper jelly; Processed chili pepper; Canned chili pepper; Chili pepper puree; Ready-made mix consisting primarily of fish and/or vegetables seasoned with sugar, salt, and/or vinegar for making rice dishes; Soup stock; Ready-made seasoned mix consisting primarily of fish and/or vegetables flavored with sugar, salt, vinegar, and/or other seasonings, namely soysauce for making rice dishes; Ready- made mix consisting primarily of meat, seafood and/or vegetables seasoned with soy sauce for making rice dishes; Dried flakes of fish, meat, vegetables or seaweed and/or sesame, for rice balls; Dried flakes of fish, meat, vegetables or seaweed and/or sesame, for cooked rice with hot water (ochazuke-no-moto); Potato 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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-002905 filed 01/11/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 6087332 registered 10/05/2018 with a renewal date of __________ and an expiration date of 10/05/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or 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 Confectionery, namely, baked confectionery in the nature of brownies, muffins, scones, cookies, cakes; pudding; frozen confectionery; bread and buns; Sandwiches; Steamed buns stuffed with minced meat (Chuka-manjuh); Hamburger sandwiches; Pizzas; Hot dogs sandwiches; Meat pies; Vinegar; Sushi vinegar; Powdered sushi vinegar; Seasonings for sushi, namely, sauce for sushi, seasoning for rice for sushi; Seasoning vinegar; Soy sauce containing citrus juice or vinegar (ponzu); Seasoned soy sauce; Seasoning mixes for soup broth; Seasoning for noodles; Marinades; Seasoning for hot pot dishes; Seasoning for hot boiled dishes; Seasoning for stewed cooking; Seasoning for pickles; Sauces for hot pot dishes; Sauces for rice bowl dishes (donburi); Seasoning, namely, golden syrup, corn syrup, glutinous starch syrup; Spices; Processed grains; Chinese stuffed dumplings (gyoza, cooked); Chinese steamed dumplings (shumai, cooked); Sushi; Fried balls of batter mix with small pieces of octopus (Takoyaki); Prepared boxed lunch of rice, with added meat, fish or vegetables; Ravioli; Onigiri (rice balls); Cooked rice; Steamed rice with red beans; Okowa (steamed glutinous rice); Prepared gruel of oatmeal or rice; Prepared rice gruel (zosui); Prepared boiled rice seasoned with soy sauce and mixed with meat or seafood and savory vegetables (takikomi-gohan); Prepared rice, meat, and vegetables boiled together in a small kama cooking pot (kamameshi); Prepared pilaf; Prepared yakimeshi (fried rice); Noodle based prepared meals; Prepared meals consisting primarily of rice with curry; Prepared donburi (rice bowl dishes); Prepared meals consisting primarily of wheat, barley, rice or corn; Instant confectionery mixes, namely, instant pudding mixes, instant doughnut mixes, instant pancake mixes; Pasta sauce; Tea; Coffee; Cocoa (roasted, powdered, granulated, or in drinks); Ice cream mixes: Sherbet mixes; Chocolate spread; Gluten addititves for culinary purposes; Flour; Prepared coffee and coffee-based beverages; Prepared cocoa and cocoa-based beverages; Sauces; Seasoning; Dipping sauce; Salad dressings; Soya bean paste; Mayonnaise; Chutneys; Tomato sauce; Sugar; Honey; Cooking salt; Roasted and ground sesame seeds for use as seasonings; Umami seasonings; Preparations made from wheat barley, rice, or corn, namely, cereal paste, cereal spread, cereal-based snack bars, corn paste, corn spread, corn-based snack bars; Cereal bars; Noodles; Almond paste; Piccalilli; Fruit coulis; Relish; Japanese arrowroot starch noodles (kuzukiri); Flavorings, other than essential oils, for beverages, cakes, cheeses, soups, butter; Powdered sauce mix, namely, powdered salad dressing; Gelled sauce, namely, gelled salad dressing; Browning sauce for cooking; Seasoning mixes; Ready- made sauce; Powdered sauce base; Flavorings, other than essential oils, for hot pot dishes (nabemono); Basting sauce; Sesame sauce; Powdered sushi seasoning mixes; Seasoned vinegar; Citrus seasoned soy sauce (ponzu); Ponzu citrus seasoning; Soy sauce; Ketchup; Salad dressings containing cream; Mustard; Seasonings in the nature of wine powder; Sweet seasoning; Fermented seasonings; Citrus seasoning; Dried starch noodles (harusame); Glass noodles; Seasoning for cooked rice with hot water (seasoning mixes for ochazuke); Seasonings containing collagen for hot soup dishes; Ice cream, ice milk, and frozen yogurt; Prepared curry, namely, curry pastes, curry sauce, curry as a spice mixture only, curry powder; Mixes for making gomoku-zushi; Mixes for making chirashi-zushi; Mixes for making Chinese congee; Mixes for making Kamameshi; Mixes for making Maze gohan; Protein for human consumption, namely, soya bean paste with added protein, quinoa-based food bars with added protein, grain-based food bars with added protein, Japanese arrowroot powder for food (kudzu-ko); Spreads based on milk products, namely, caramel spread
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-002905 filed 01/11/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 6087332 registered 10/05/2018 with a renewal date of __________ and an expiration date of 10/05/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Confectionery, namely, baked confectionery in the nature of brownies, muffins, scones, cookies, cakes; pudding; frozen confectionery; bread and buns; Sandwiches; Steamed buns stuffed with minced meat (Chuka-manjuh); Hamburger sandwiches; Pizzas; Hot dogs sandwiches; Meat pies; Vinegar; Sushi vinegar; Powdered sushi vinegar; Seasonings for sushi, namely, sauce for sushi, seasoning for rice for sushi; Seasoning vinegar; Soy sauce containing citrus juice or vinegar (ponzu); Seasoned soy sauce; Seasoning mixes for soup broth; Seasoning for noodles; Marinades; Seasoning for hot pot dishes; Seasoning for hot boiled dishes; Seasoning for stewed cooking; Seasoning for pickles; Sauces for hot pot dishes; Sauces for rice bowl dishes (donburi); Seasoning, namely, golden syrup, corn syrup, glutinous starch syrup; Spices; Processed grains; Chinese stuffed dumplings (gyoza, cooked); Chinese steamed dumplings (shumai, cooked); Sushi; Fried balls of batter mix with small pieces of octopus (Takoyaki); Prepared boxed lunch of rice, with added meat, fish or vegetables; Ravioli; Onigiri (rice balls); Cooked rice; Steamed rice with red beans; Okowa (steamed glutinous rice); Prepared gruel of oatmeal or rice; Prepared rice gruel (zosui); Prepared boiled rice seasoned with soy sauce and mixed with meat or seafood and savory vegetables (takikomi-gohan); Prepared rice, meat, and vegetables boiled together in a small kama cooking pot (kamameshi); Prepared pilaf; Prepared yakimeshi (fried rice); Noodle based prepared meals; Prepared meals consisting primarily of rice with curry; Prepared donburi (rice bowl dishes); Prepared meals consisting primarily of wheat, barley, rice or corn; Instant confectionery mixes, namely, instant pudding mixes, instant doughnut mixes, instant pancake mixes; Pasta sauce; Tea; Coffee; Cocoa (roasted, powdered, granulated, or in drinks); Cocoa; Ice cream mixes: Sherbet mixes; Ice cream mixes; Sherbet mixes; Gluten addititves for culinary purposes; Chocolate spread; Gluten additives for culinary purposes; Flour; Prepared coffee and coffee-based beverages; Prepared cocoa and cocoa-based beverages; Sauces; Seasoning; Dipping sauce; Salad dressings; Soya bean paste; Mayonnaise; Chutneys; Tomato sauce; Sugar; Honey; Cooking salt; Roasted and ground sesame seeds for use as seasonings; Umami seasonings; Preparations made from wheat barley, rice, or corn, namely, cereal paste, cereal spread, cereal-based snack bars, corn paste, corn spread, corn-based snack bars; Cereal bars; Noodles; Almond paste; Piccalilli; Fruit coulis; Relish; Japanese arrowroot starch noodles (kuzukiri); Flavorings, other than essential oils, for beverages, cakes, cheeses, soups, butter; Powdered sauce mix, namely, powdered salad dressing; Gelled sauce, namely, gelled salad dressing; Browning sauce for cooking; Seasoning mixes; Ready- made sauce; Powdered sauce base; Flavorings, other than essential oils, for hot pot dishes (nabemono); Basting sauce; Sesame sauce; Powdered sushi seasoning mixes; Seasoned vinegar; Citrus seasoned soy sauce (ponzu); Ponzu citrus seasoning; Soy sauce; Ketchup; Salad dressings containing cream; Mustard; Seasonings in the nature of wine powder; Sweet seasoning; Fermented seasonings; Citrus seasoning; Dried starch noodles (harusame); Glass noodles; Seasoning for cooked rice with hot water (seasoning mixes for ochazuke); Seasonings containing collagen for hot soup dishes; Ice cream, ice milk, and frozen yogurt; Prepared curry, namely, curry pastes, curry sauce, curry as a spice mixture only, curry powder; Mixes for making gomoku-zushi; Mixes for making chirashi-zushi; Mixes for making Chinese congee; Mixes for making Kamameshi; Protein for human consumption, namely, soya bean paste with added protein, quinoa-based food bars with added protein, grain-based food bars with added protein, Japanese arrowroot powder for food (kudzu-ko); Mixes for making Maze gohan; Protein for human consumption, namely, soya bean paste with added protein, quinoa-based food bars with added protein, grain-based food bars with added protein; Japanese arrowroot powder for food (kudzu-ko); Spreads based on milk products, namely, caramel spreadClass 030 for Confectionery, namely, baked confectionery in the nature of brownies, muffins, scones, cookies, cakes; pudding; frozen confectionery; bread and buns; Sandwiches; Steamed buns stuffed with minced meat (Chuka-manjuh); Hamburger sandwiches; Pizzas; Hot dogs sandwiches; Meat pies; Vinegar; Sushi vinegar; Powdered sushi vinegar; Seasonings for sushi, namely, sauce for sushi, seasoning for rice for sushi; Seasoning vinegar; Soy sauce containing citrus juice or vinegar (ponzu); Seasoned soy sauce; Seasoning mixes for soup broth; Seasoning for noodles; Marinades; Seasoning for hot pot dishes; Seasoning for hot boiled dishes; Seasoning for stewed cooking; Seasoning for pickles; Sauces for hot pot dishes; Sauces for rice bowl dishes (donburi); Seasoning, namely, golden syrup, corn syrup, glutinous starch syrup; Spices; Processed grains; Chinese stuffed dumplings (gyoza, cooked); Chinese steamed dumplings (shumai, cooked); Sushi; Fried balls of batter mix with small pieces of octopus (Takoyaki); Prepared boxed lunch of rice, with added meat, fish or vegetables; Ravioli; Onigiri (rice balls); Cooked rice; Steamed rice with red beans; Okowa (steamed glutinous rice); Prepared gruel of oatmeal or rice; Prepared rice gruel (zosui); Prepared boiled rice seasoned with soy sauce and mixed with meat or seafood and savory vegetables (takikomi-gohan); Prepared rice, meat, and vegetables boiled together in a small kama cooking pot (kamameshi); Prepared pilaf; Prepared yakimeshi (fried rice); Noodle based prepared meals; Prepared meals consisting primarily of rice with curry; Prepared donburi (rice bowl dishes); Prepared meals consisting primarily of wheat, barley, rice or corn; Instant confectionery mixes, namely, instant pudding mixes, instant doughnut mixes, instant pancake mixes; Pasta sauce; Tea; Coffee; Cocoa; Ice cream mixes; Sherbet mixes; Chocolate spread; Gluten additives for culinary purposes; Flour; Prepared coffee and coffee-based beverages; Prepared cocoa and cocoa-based beverages; Sauces; Seasoning; Dipping sauce; Salad dressings; Soya bean paste; Mayonnaise; Chutneys; Tomato sauce; Sugar; Honey; Cooking salt; Roasted and ground sesame seeds for use as seasonings; Umami seasonings; Preparations made from wheat barley, rice, or corn, namely, cereal paste, cereal spread, cereal-based snack bars, corn paste, corn spread, corn-based snack bars; Cereal bars; Noodles; Almond paste; Piccalilli; Fruit coulis; Relish; Japanese arrowroot starch noodles (kuzukiri); Flavorings, other than essential oils, for beverages, cakes, cheeses, soups, butter; Powdered sauce mix, namely, powdered salad dressing; Gelled sauce, namely, gelled salad dressing; Browning sauce for cooking; Seasoning mixes; Ready- made sauce; Powdered sauce base; Flavorings, other than essential oils, for hot pot dishes (nabemono); Basting sauce; Sesame sauce; Powdered sushi seasoning mixes; Seasoned vinegar; Citrus seasoned soy sauce (ponzu); Ponzu citrus seasoning; Soy sauce; Ketchup; Salad dressings containing cream; Mustard; Seasonings in the nature of wine powder; Sweet seasoning; Fermented seasonings; Citrus seasoning; Dried starch noodles (harusame); Glass noodles; Seasoning for cooked rice with hot water (seasoning mixes for ochazuke); Seasonings containing collagen for hot soup dishes; Ice cream, ice milk, and frozen yogurt; Prepared curry, namely, curry pastes, curry sauce, curry as a spice mixture only, curry powder; Mixes for making gomoku-zushi; Mixes for making chirashi-zushi; Mixes for making Chinese congee; Mixes for making Kamameshi; Mixes for making Maze gohan; Protein for human consumption, namely, soya bean paste with added protein, quinoa-based food bars with added protein, grain-based food bars with added protein; Japanese arrowroot powder for food (kudzu-ko); Spreads based on milk products, namely, caramel spread
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-002905 filed 01/11/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 6087332 registered 10/05/2018 with a renewal date of __________ and an expiration date of 10/05/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Distilled rice spirits (awamori); Japanese white liquor (Shochu); Japanese sweet rice-based mixed liquor (Shiro-zake); Sake; Japanese regenerated liquor (naoshi); Japanese Shochu-based mixed liquor (Mirin); Western liquors namely, vodka, rum, whiskey; Alcoholic fruit beverages; Wine; Cooking wine; Chinese brewed, white, mixed liquors; Flavored liquors; Distilled alcoholic liquor; Seasoning in the nature of wine for seasoning for culinary purposes; Seasoning in the nature of sake for seasoning for culinary purposes; Seasoning in the nature of western liquors for seasoning for culinary purposes; Seasoning in the nature of Chinese liquors for seasoning for culinary purposes
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-002905 filed 01/11/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 6087332 registered 10/05/2018 with a renewal date of __________ and an expiration date of 10/05/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Distilled rice spirits (awamori); Japanese white liquor (Shochu); Japanese sweet rice-based mixed liquor (Shiro-zake); Sake; Japanese regenerated liquor (naoshi); Japanese Shochu-based mixed liquor (Mirin); Western liquors namely, vodka, rum, whiskey; Alcoholic fruit beverages; Wine; Cooking wine; Chinese brewed, white, mixed liquors; Flavored liquors; Distilled alcoholic liquor; Seasoning in the nature of wine for seasoning for culinary purposes; Seasoning in the nature of sake for seasoning for culinary purposes; Seasoning in the nature of western liquors for seasoning for culinary purposes; Seasoning in the nature of western liquors for seasoning for culinary purposes, namely, wine, brandy, whiskey, spirits; Seasoning in the nature of Chinese liquors for seasoning for culinary purposes; Seasoning in the nature of Chinese liquors for seasoning for culinary purposes, namely, Shaoxing rice wineClass 033 for Distilled rice spirits (awamori); Japanese white liquor (Shochu); Japanese sweet rice-based mixed liquor (Shiro-zake); Sake; Japanese regenerated liquor (naoshi); Japanese Shochu-based mixed liquor (Mirin); Western liquors namely, vodka, rum, whiskey; Alcoholic fruit beverages; Wine; Cooking wine; Chinese brewed, white, mixed liquors; Flavored liquors; Distilled alcoholic liquor; Seasoning in the nature of wine for seasoning for culinary purposes; Seasoning in the nature of sake for seasoning for culinary purposes; Seasoning in the nature of western liquors for seasoning for culinary purposes, namely, wine, brandy, whiskey, spirits; Seasoning in the nature of Chinese liquors for seasoning for culinary purposes, namely, Shaoxing rice wine
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-002905 filed 01/11/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 6087332 registered 10/05/2018 with a renewal date of __________ and an expiration date of 10/05/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant notes that the Examiner has objected to several goods in the ID as being beyond the scope of the Japanese registrations previously submitted. Applicant is attaching hereto two tables indicating where each of the goods objected to by the Examiner can be found in each of the corresponding Japanese registrations. Accordingly, Applicant respectfully requests that this objection be withdrawn and the application be approved for publication with all of the goods.

Original PDF file:
mis-1086160243-20190731095057923561_._ZENB_CLARIFICATION_1.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
mis-1086160243-20190731095057923561_._ZENB_CLARIFICATION_2.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SIGNATURE(S)
Response Signature
Signature: /lsl/     Date: 07/31/2019
Signatory's Name: Lindsey S. Leibowitz
Signatory's Position: Attorney for Applicant, NYS Bar Member

Signatory's Phone Number: 914-723-4300

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: 88000438
Internet Transmission Date: Wed Jul 31 11:09:17 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XXX-2019073111091709
2459-88000438-620825b689bc78a96d92f6c53e
454ecaec27f9b74f42f28b35d2da3bbcf5039fb-
N/A-N/A-20190731095057923561


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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