Response to Office Action

NOURISH

US Foods, Inc.

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 88061718
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK http://uspto.report/TM/88061718/mark.png
LITERAL ELEMENT NOURISH
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 (029)(current)
INTERNATIONAL CLASS 029
DESCRIPTION Chicken, cream cheese, vegetable salad
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/14/2015
        FIRST USE IN COMMERCE DATE At least as early as 06/14/2015
GOODS AND/OR SERVICES SECTION (029)(proposed)
INTERNATIONAL CLASS 029
TRACKED TEXT DESCRIPTION
Chicken, cream cheese, vegetable salad; Chicken, cream cheese
FINAL DESCRIPTION Chicken, cream cheese
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 06/14/2015
       FIRST USE IN COMMERCE DATE At least as early as 06/14/2015
GOODS AND/OR SERVICES SECTION (030)(current)
INTERNATIONAL CLASS 030
DESCRIPTION
Food seasoning, bread, gravy mix, processed quinoa and rice mix, stir fry base, pesto
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/14/2015
        FIRST USE IN COMMERCE DATE At least as early as 06/14/2015
GOODS AND/OR SERVICES SECTION (030)(proposed)
INTERNATIONAL CLASS 030
TRACKED TEXT DESCRIPTION
Food seasoning, bread, gravy mix, processed quinoa and rice mix, stir fry base, pesto; Food seasoning, bread, gravy mix, processed quinoa and rice mix, stir fry base sauces, pesto
FINAL DESCRIPTION
Food seasoning, bread, gravy mix, processed quinoa and rice mix, stir fry base sauces, pesto
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 06/14/2015
       FIRST USE IN COMMERCE DATE At least as early as 06/14/2015
SIGNATURE SECTION
RESPONSE SIGNATURE /Clay A Tillack/
SIGNATORY'S NAME Clay A Tillack
SIGNATORY'S POSITION Attorney of record, Illinois bar member
SIGNATORY'S PHONE NUMBER 312-258-5758
DATE SIGNED 09/20/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Sep 20 15:17:08 EDT 2018
TEAS STAMP USPTO/ROA-XX.XX.XXX.X-201
80920151708939154-8806171
8-61084dc7282bb4825fc2435
299da2ea9e2151d9ebc4ac2d6
52ebe368ba2ffbf-N/A-N/A-2
0180920151302692059



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. 88061718 NOURISH(Standard Characters, see http://uspto.report/TM/88061718/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 Chicken, cream cheese, vegetable salad
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/14/2015 and first used in commerce at least as early as 06/14/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Chicken, cream cheese, vegetable salad; Chicken, cream cheeseClass 029 for Chicken, cream cheese
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/14/2015 and first used in commerce at least as early as 06/14/2015 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Food seasoning, bread, gravy mix, processed quinoa and rice mix, stir fry base, pesto
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/14/2015 and first used in commerce at least as early as 06/14/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Food seasoning, bread, gravy mix, processed quinoa and rice mix, stir fry base, pesto; Food seasoning, bread, gravy mix, processed quinoa and rice mix, stir fry base sauces, pestoClass 030 for Food seasoning, bread, gravy mix, processed quinoa and rice mix, stir fry base sauces, pesto
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/14/2015 and first used in commerce at least as early as 06/14/2015 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Clay A Tillack/     Date: 09/20/2018
Signatory's Name: Clay A Tillack
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 312-258-5758

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: 88061718
Internet Transmission Date: Thu Sep 20 15:17:08 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201809201517089391
54-88061718-61084dc7282bb4825fc2435299da
2ea9e2151d9ebc4ac2d652ebe368ba2ffbf-N/A-
N/A-20180920151302692059



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