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)

---

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. 88048867 LEVEL(Standard Characters, see http://uspto.report/TM/88048867/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 Processed snack and performance bars containing eggs; Processed snack and performance bars containing eggs and collagen; Processed dried snack puffs containing eggs; Processed dried snack puffs containing eggs and collagen; Processed dried snack chips containing eggs; Processed dried snack chips containing eggs and collagen; Processed fruit- and nut-based snack and performance bars; Nut and seed-based snack and performance bars; Nut-based snack and performance bars; Nut- and dried fruit-based snack and performance bars
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Processed snack and performance bars containing eggs; Processed nut-based snack bars containing eggs; Processed snack and performance bars containing eggs and collagen; Processed nut-based snack bars containing eggs and collagen; Processed dried snack puffs containing eggs; Cheese-based snack foods, namely, processed dried snack puffs containing eggs and collagen; Processed dried snack puffs containing eggs and collagen; Processed snack chips containing eggs; Processed dried snack chips containing eggs; Processed dried snack chips containing eggs and collagen; Processed fruit- and nut-based snack bars; Processed fruit- and nut-based snack and performance bars; Processed fruit-and nut-based food bars for boosting energy; Nut and seed-based snack and performance bars; Nut and seed-based snack bars; Nut-based snack and performance bars; Nut and seed-based snack bars for boosting energy; Nut- and dried fruit-based snack and performance bars; Nut-based snack bars; Nut-based snack bars for boosting energy; Nut- and dried fruit-based snack bars; Nut-and dried fruit-based snack bars for boosting energyClass 029 for Processed nut-based snack bars containing eggs; Processed nut-based snack bars containing eggs and collagen; Cheese-based snack foods, namely, processed dried snack puffs containing eggs and collagen; Processed snack chips containing eggs; Processed dried snack chips containing eggs and collagen; Processed fruit- and nut-based snack bars; Processed fruit-and nut-based food bars for boosting energy; Nut and seed-based snack bars; Nut and seed-based snack bars for boosting energy; Nut-based snack bars; Nut-based snack bars for boosting energy; Nut- and dried fruit-based snack bars; Nut-and dried fruit-based snack bars for boosting energy
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Cereal bars; High-protein cereal bars; Ready to eat, cereal derived food bars; grain based food bars; high protein cereal to be used as breakfast food, snack, or ingredient for making other foods
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Processed granola-based snack bars containing eggs; Processed cereal based energy bars containing eggs; Processed granola-based snack bars containing eggs; Processed granola-based snack bars containing eggs; high protein cereal to be used as breakfast food, snack, or ingredient for making other foods; Processed cereal based energy bars containing eggs and collagen; Cereal bars; High-protein cereal bars; Ready to eat, cereal derived food bars; grain based food bars; high protein processed cereal to be used as breakfast food, snack, or ingredient for making other foodsClass 030 for Processed granola-based snack bars containing eggs; Processed cereal based energy bars containing eggs; Processed granola-based snack bars containing eggs; Processed granola-based snack bars containing eggs; Processed cereal based energy bars containing eggs and collagen; Cereal bars; High-protein cereal bars; Ready to eat, cereal derived food bars; grain based food bars; high protein processed cereal to be used as breakfast food, snack, or ingredient for making other foods
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /jlap/     Date: 12/23/2018
Signatory's Name: Jonathan LA Phillips
Signatory's Position: Attorney of Record, State of Illinois bar member

Signatory's Phone Number: 3094946155

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: 88048867
Internet Transmission Date: Sun Dec 23 22:32:55 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018122322325520
5567-88048867-6202b16deda784c91c8deffeee
f767d972a50e576dea2e4791aeda67f92b128-N/
A-N/A-20181223222453036786