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. 88052901 PREMIER (Stylized and/or with Design, see http://uspto.report/TM/88052901/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 030 for biscuits, breakfast cereals; brownies, cakes cereal, rice or wheat based snack foods, cheese crackers, cones for ice cream, cookies, cracker sandwiches, crackers, filled and unfilled wafers, flavored popcorn, granola bars, pie crusts, popped popcorn, pretzels, processed cereal-based food to be used as a breakfast food, processed cereals, puffed cheese corn snack, ready-to-eat cereals, snack cakes, snack mix consisting primarily of crackers, pretzels, candied nuts and/or popped popcorn, tortilla chips, candy, confections, gummies, fruit snacks, nuts, seeds, trail mixes, cheese, potato, fruit, vegetable, corn or grain based snack food, meat snacks, dried fruit or vegetable snacks, dehydrated fruit vegetable snacks
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: biscuits, breakfast cereals; biscuits; brownies, cakes cereal, rice or wheat based snack foods, cheese crackers, cones for ice cream, cookies, cracker sandwiches, crackers, filled and unfilled wafers, flavored popcorn, granola bars, pie crusts, popped popcorn, pretzels, processed cereal-based food to be used as a breakfast food, processed cereals, puffed cheese corn snack, ready-to-eat cereals, snack cakes, snack mix consisting primarily of crackers, pretzels, candied nuts and/or popped popcorn, tortilla chips, candy, confections, gummies, fruit snacks, nuts, seeds, trail mixes, cheese, potato, fruit, vegetable, corn or grain based snack food, meat snacks, dried fruit or vegetable snacks, dehydrated fruit vegetable snacks; breakfast cereals; brownies; cakes; cereal-, rice-, and wheat-based snack foods, cheese-flavored crackers; cones for ice cream; cookies; cracker sandwiches; crackers; filled and unfilled wafers; flavored popcorn; granola-based snack bars; pie crusts; popped popcorn; pretzels; processed cereal-based food to be used as a breakfast food; processed cereals; puffed cheese corn snack; ready-to-eat cereals; snack cakes; snack mix consisting primarily of crackers, pretzels, candied nuts and/or popped popcorn; tortilla chips; candy; chocolate, frozen confections; gummy candies; fruit snacks; soup nuts; trail mixes consisting primarily of granola, pretzels, popcorn, crackers and also including indicate other components, e.g., dried fruit, chocolate, processed nuts, etc.; cheese, potato, corn, and grain-based snack foodsClass 030 for biscuits; breakfast cereals; brownies; cakes; cereal-, rice-, and wheat-based snack foods, cheese-flavored crackers; cones for ice cream; cookies; cracker sandwiches; crackers; filled and unfilled wafers; flavored popcorn; granola-based snack bars; pie crusts; popped popcorn; pretzels; processed cereal-based food to be used as a breakfast food; processed cereals; puffed cheese corn snack; ready-to-eat cereals; snack cakes; snack mix consisting primarily of crackers, pretzels, candied nuts and/or popped popcorn; tortilla chips; candy; chocolate, frozen confections; gummy candies; fruit snacks; soup nuts; trail mixes consisting primarily of granola, pretzels, popcorn, crackers and also including indicate other components, e.g., dried fruit, chocolate, processed nuts, etc.; cheese, potato, corn, and grain-based snack 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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use PREMIER apart from the mark as shown.


Description of mark
The mark consists of the stylized word "PREMIER" in black with a star design above the "I" in shades of gold.

SIGNATURE(S)
Response Signature
Signature: /vrichter/     Date: 04/26/2019
Signatory's Name: VRichter
Signatory's Position: Attorney of record, New York bar member

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: 88052901
Internet Transmission Date: Fri Apr 26 14:31:07 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20190426143107397
487-88052901-620188ca5abeb7825cfb3a5751e
7e464e128828b8c4c8670b63917b23e15f274d4-
N/A-N/A-20190426142612065020