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)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88071018 SPOON(Standard Characters, see http://uspto.report/TM/88071018/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 036 for Charitable fundraising; Charitable fundraising and philanthropic services for the purpose of providing child nutrition education
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 03/24/2008 and first used in commerce at least as early as 03/24/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Charitable fundraising; Charitable fundraising and philanthropic services for the purpose of providing child nutrition education; Charitable fundraising and philanthropic services concerning monetary donations for the purpose of providing child nutrition educationClass 036 for Charitable fundraising; Charitable fundraising and philanthropic services concerning monetary donations for the purpose of providing child nutrition education
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 03/24/2008 and first used in commerce at least as early as 03/24/2008 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Providing feeding and nutrition instruction for caretakers of children living without permanent families and with special needs; Developing education programs in child malnutrition and feeding techniques; Providing training and education related to food preparation in institutional settings; Education services, namely, providing in-person and remote training and educational materials for child caretakers and healthcare providers
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 03/24/2008 and first used in commerce at least as early as 03/24/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing feeding and nutrition instruction for caretakers of children living without permanent families and with special needs; Education services, namely, providing feeding and nutrition instruction for caretakers of children living without permanent families and with special needs; Developing education programs in child malnutrition and feeding techniques; Providing training and education related to food preparation in institutional settings; Providing training and education in the nature of classes related to food preparation in institutional settings; Education services, namely, providing in-person and remote training and educational materials for child caretakers and healthcare providers; Education services, namely, providing in-person and remote training and educational materials for child caretakers and healthcare providers in the field of nutrition and feeding, and distributing educational materials in connection therewith; Philanthropic services for the purpose of providing child nutrition education, namely, providing educational pamphlets and literature to people concerning child nutrition and safe feedingClass 041 for Education services, namely, providing feeding and nutrition instruction for caretakers of children living without permanent families and with special needs; Developing education programs in child malnutrition and feeding techniques; Providing training and education in the nature of classes related to food preparation in institutional settings; Education services, namely, providing in-person and remote training and educational materials for child caretakers and healthcare providers in the field of nutrition and feeding, and distributing educational materials in connection therewith; Philanthropic services for the purpose of providing child nutrition education, namely, providing educational pamphlets and literature to people concerning child nutrition and safe feeding
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 03/24/2008 and first used in commerce at least as early as 03/24/2008 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Providing children's health, nutrition and feeding services for children in orphanages, group homes, foster care and community settings; Providing programs to reduce child malnutrition, anemia and food-related public health problems through local partnerships; Providing nutrition screening to identify at-risk children and prescribe individualized interventions for children with complex needs; Evaluating and optimizing diet and food supplementation programs; Assessing and improving caregiver feeding practices for young children and children with disabilities
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 03/24/2008 and first used in commerce at least as early as 03/24/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing children's health, nutrition and feeding services for children in orphanages, group homes, foster care and community settings; Providing children's health, nutrition and feeding services for children in orphanages, group homes, foster care and community settings, namely, advising caregivers on best practices in how and what to feed children; Providing programs to reduce child malnutrition, anemia and food-related public health problems through local partnerships; Providing programs to reduce child malnutrition, anemia and food-related public health problems through local partnerships, namely, supporting partner organizations and institutions to develop and provide training on best practices for feeding infants and children with disabilities, nutrition screenings, and growth assessments and monitoring; Providing nutrition screening to identify at-risk children and prescribe individualized interventions for children with complex needs; Providing nutrition and medical screening to identify at-risk children and prescribe individualized interventions for children with complex needs; Evaluating and optimizing diet and food supplementation programs; Medical screenings, namely, evaluating and making nutrition recommendations for optimizing diet and food supplementation programs; Assessing and improving caregiver feeding practices for young children and children with disabilities; Counseling and advice in the field of feeding therapy, namely, assessing and providing information regarding improving caregiver feeding practices for young children, children with disabilities or children with eating- or swallowing-related disorders; Philanthropic services for the purpose of providing child nutrition education, namely, providing nutrition counseling and guidanceClass 044 for Providing children's health, nutrition and feeding services for children in orphanages, group homes, foster care and community settings, namely, advising caregivers on best practices in how and what to feed children; Providing programs to reduce child malnutrition, anemia and food-related public health problems through local partnerships, namely, supporting partner organizations and institutions to develop and provide training on best practices for feeding infants and children with disabilities, nutrition screenings, and growth assessments and monitoring; Providing nutrition and medical screening to identify at-risk children and prescribe individualized interventions for children with complex needs; Medical screenings, namely, evaluating and making nutrition recommendations for optimizing diet and food supplementation programs; Counseling and advice in the field of feeding therapy, namely, assessing and providing information regarding improving caregiver feeding practices for young children, children with disabilities or children with eating- or swallowing-related disorders; Philanthropic services for the purpose of providing child nutrition education, namely, providing nutrition counseling and guidance
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 03/24/2008 and first used in commerce at least as early as 03/24/2008 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Ashley E. Roybal/     Date: 04/03/2019
Signatory's Name: Ashley E. Roybal
Signatory's Position: Attorney of record, California 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: 88071018
Internet Transmission Date: Wed Apr 03 19:09:20 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904031909201
16281-88071018-620ce3281ae1f791206b1451a
96048e6e5a0d9207c37904455455b5a8130a85c-
N/A-N/A-20190403190749628617