NOTE TO THE FILE
SERIAL NUMBER: 88158979
DATE: 02/01/2019
NAME: lrichards
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:X OTHER: email:
From: Nathan Belzer [mailto:nbelzer@belzerlaw.com]
Sent: Friday, February 01, 2019 11:02 AM
To: Richards, Leslie <leslie.richards@USPTO.GOV>
Subject: Re: SERIAL NO. 88159012: SYSCO SIMPLY and design and SERIAL NO. 88158979 SYSCO SIMPLY (standard characters); SERIAL NO. 88159022: SYSCO SIMPLY and design and SERIAL NO. 88158990 SYSCO SIMPLY (standard characters)
Perfect! Thanks for all of your help.
Best,
Nathan
Nathan C. Belzer
Belzer PC
2905 Bull Street
Savannah, GA 31405
phone: 912.236.3001
fax: 912.236.3003
email: nbelzer@belzerlaw.com
web: www.BelzerLaw.com
On Feb 1, 2019, at 11:01 AM, Richards, Leslie <leslie.richards@USPTO.GOV> wrote:
Yes, that is acceptable in Class 29. Sorry, I should have given you that option.
So I will proceed with the examiner’s amendments with the ID in classes 29 and 30 as:
International Class 29: processed nuts; prepared nuts; processed edible seeds, not being seasonings or flavorings; canned beans; dried beans; frozen vegetables; processed vegetables; veggie burger patties; butter substitutes; cheese; prepared coconut; shredded coconut; eggs; processed eggs; egg substitute; prepared entrees consisting primarily of vegetables, soups, fruit salads and vegetable salads; garden salads; margarine; soy milk; almond milk; coconut milk; processed mushrooms; Vegetable-based meat substitutes, namely, vegetarian chicken nuggets; omelets; peanut butter; mashed potatoes; processed potatoes; processed sweet potatoes; legume salads; vegetable salads; sausages; soups; processed fruit; nut butters; vegetable-based spreads; garlic-based spreads; chicken; tempeh; tofu; Vegetable-based meat substitutes, namely, vegetable bacon and vegetable corn dogs; vegetable sausage;Vegetable-based meat substitutes, namely, vegetable hot dogs and vegetarian meat balls; edible oils and fats; processed artichokes; nut-based food bars
International Class 30: processed grains; processed amaranth; filo dough; potstickers; spring rolls; quesadillas; samosas;
processed artichokes;nut-based food bars; granola-based snack bars; pearled barley; tempura batter mix; mixes for making batters for fried foods; frozen breads; bread mixes; bread crumbs; bread; buns; processed cereals; ready-to-eat cereals; cheesecakes; cookies; brownies; processed corn; corn meal; corn bread mix; couscous; salad dressings; flour; corn flour; potato flour; rice flour; bean flour; buckwheat flour; rice; processed quinoa; grits; marinades; brownie mixes; cookie mixes; pancake mixes; muffin mixes; pizza crust mixes; mixes for bakery goods; noodles; rolled oats; processed oats; steel cut oats; processed bran; pasta; polenta; dessert puddings; ravioli; sauces; barbecue sauce; soy sauce; sugar; french toast; waffles; tortillas; yeast; pest
Many thanks for your help and quick responses! I will issue the examiner’s amendments today!
Leslie
From: Nathan Belzer [mailto:nbelzer@belzerlaw.com]
Sent: Friday, February 01, 2019 10:55 AM
To: Richards, Leslie <leslie.richards@USPTO.GOV>
Subject: Re: SERIAL NO. 88159012: SYSCO SIMPLY and design and SERIAL NO. 88158979 SYSCO SIMPLY (standard characters); SERIAL NO. 88159022: SYSCO SIMPLY and design and SERIAL NO. 88158990 SYSCO SIMPLY (standard characters)
Actually, what about the following:
Processed edible seeds, not being seasonings or flavorings
This looks to be in the manual. If we can go with that, then I think we can move forward with all of your suggestions.
What do you think?
Nathan C. Belzer
Belzer PC
2905 Bull Street
Savannah, GA 31405
phone: 912.236.3001
fax: 912.236.3003
email: nbelzer@belzerlaw.com
web: www.BelzerLaw.com
On Feb 1, 2019, at 10:49 AM, Nathan Belzer <nbelzer@belzerlaw.com> wrote:
Got it. Thanks Leslie!
Nathan C. Belzer
Belzer PC
2905 Bull Street
Savannah, GA 31405
phone: 912.236.3001
fax: 912.236.3003
email: nbelzer@belzerlaw.com
web: www.BelzerLaw.com
On Feb 1, 2019, at 10:49 AM, Richards, Leslie <leslie.richards@USPTO.GOV> wrote:
Thank you, Nathan,
I think it makes sense to proceed with Priority Actions for all 4 applications (since we are moving goods between them). Once you hear from your client, you can always call or email me to pull the file and issue an examiner’s amendment.
Leslie
Ms. Leslie L. Richards
United States Patent and Trademark Office
Trademark Examining Attorney
Law Office 106
571-272-1256
E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to Office actions by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
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From: Nathan Belzer [mailto:nbelzer@belzerlaw.com]
Sent: Friday, February 01, 2019 10:45 AM
To: Richards, Leslie <leslie.richards@USPTO.GOV>
Subject: Re: SERIAL NO. 88159012: SYSCO SIMPLY and design and SERIAL NO. 88158979 SYSCO SIMPLY (standard characters); SERIAL NO. 88159022: SYSCO SIMPLY and design and SERIAL NO. 88158990 SYSCO SIMPLY (standard characters)
Hi Leslie:
Thanks for reaching out via email.
#2 below is all fine. And, if you can take care of it by examiner’s amendment I would be grateful.
#1 is most likely all fine too but I’ll need to touch base with my client to determine the seed varieties that they sell. The other changes are fine. So, the only thing I need to track down is the seed types.
I’m not sure if you can move forward with the Class 30 apps without also moving forward with the Class 29 apps since you need to move goods from one to the other. So, if you need to issue priority actions for both that’s fine too.
Let me know what you think.
Thanks again.
—Nathan
Nathan C. Belzer
Belzer PC
2905 Bull Street
Savannah, GA 31405
phone: 912.236.3001
fax: 912.236.3003
email: nbelzer@belzerlaw.com
web: www.BelzerLaw.com
On Jan 31, 2019, at 5:53 PM, Richards, Leslie <leslie.richards@USPTO.GOV> wrote:
Dear Mr. Belzer,
I have reviewed the above referenced applications and there are a few issues that must be addressed before I can approve the marks for publication.
1. For SERIAL NO. 88159012 SYSCO SIMPLY and design and SERIAL NO. 88158979 SYSCO SIMPLY (standard characters):
In the identification of goods, the wording “processed seeds” must be amended to specify the type of seeds.
Also, the wording “Vegetable-based meat substitutes” needs to be added below as indicated to clarify that these are meat substitutes.
Finally, “Processed artichokes; nut-based food bars” must be moved to the International Class 29 applications from the below referenced International Class 30 applications as these goods are properly classified in Class 29.
International Class 29: processed nuts; prepared nuts; processed seeds, namely, ________ [specify type of seeds, e.g., pumpkin, sunflower] ; canned beans; dried beans; frozen vegetables; processed vegetables; veggie burger patties; butter substitutes; cheese; prepared coconut; shredded coconut; eggs; processed eggs; egg substitute; prepared entrees consisting primarily of vegetables, soups, fruit salads and vegetable salads; garden salads; margarine; soy milk; almond milk; coconut milk; processed mushrooms; Vegetable-based meat substitutes, namely, vegetarian chicken nuggets; omelets; peanut butter; mashed potatoes; processed potatoes; processed sweet potatoes; legume salads; vegetable salads; sausages; soups; processed fruit; nut butters; vegetable-based spreads; garlic-based spreads; chicken; tempeh; tofu; Vegetable-based meat substitutes, namely, vegetable bacon and vegetable corn dogs; vegetable sausage;Vegetable-based meat substitutes, namely, vegetable hot dogs and vegetarian meat balls; edible oils and fats; processed artichokes; nut-based food bars
2. For SERIAL NO. 88159022: SYSCO SIMPLY and design and SERIAL NO. 88158990 SYSCO SIMPLY (standard characters) :
In the identification of goods, the wording “Processed artichokes; nut-based food bars” must be moved to the International Class 29 application, SERIAL NO. 88159012 and 88158979.
Also, the wording “steal cut oats” needs to be amended to the correct spelling “steel cut oats.”
International Class 30: processed grains; processed amaranth; filo dough; potstickers; spring rolls; quesadillas; samosas;
processed artichokes;nut-based food bars; granola-based snack bars; pearled barley; tempura batter mix; mixes for making batters for fried foods; frozen breads; bread mixes; bread crumbs; bread; buns; processed cereals; ready-to-eat cereals; cheesecakes; cookies; brownies; processed corn; corn meal; corn bread mix; couscous; salad dressings; flour; corn flour; potato flour; rice flour; bean flour; buckwheat flour; rice; processed quinoa; grits; marinades; brownie mixes; cookie mixes; pancake mixes; muffin mixes; pizza crust mixes; mixes for bakery goods; noodles; rolled oats; processed oats; steel cut oats; processed bran; pasta; polenta; dessert puddings; ravioli; sauces; barbecue sauce; soy sauce; sugar; french toast; waffles; tortillas; yeast; pest
I am happy to enter these amendments by Examiner’s amendment if possible. However, if you need additional time, I am happy to issue a Priority action so that you will have the six months response time (during which time you may always call me to enter an Examiner’s amendment). Please let me know what works best for you.
Best,
Leslie
Ms. Leslie L. Richards
United States Patent and Trademark Office
Trademark Examining Attorney
Law Office 106
571-272-1256
E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to Office actions by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.