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. 88210134 GOOD FOOD BUILT ON FRUITS AND VEGETABLES(Standard Characters, see http://uspto.report/TM/88210134/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 Soups; Soup mixes; Preparations for making soups; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of meat substitutes; Prepared meals consisting primarily of legumes; prepared meals consisting primarily of seeds; prepackaged meals consisting primarily of fruit and seeds
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: Soups; Soup mixes; Preparations for making soups; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of meat substitutes; Prepared meals consisting primarily of legumes; Prepared meals consisting primarily of processed legumes; prepared meals consisting primarily of seeds; prepared meals consisting primarily of processed seeds; prepackaged meals consisting primarily of fruit and seeds; prepackaged meals consisting primarily of processed fruits and seeds; ginger spice based beverages with coconut milkClass 029 for Soups; Soup mixes; Preparations for making soups; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of meat substitutes; Prepared meals consisting primarily of processed legumes; prepared meals consisting primarily of processed seeds; prepackaged meals consisting primarily of processed fruits and seeds; ginger spice based beverages with coconut milk
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 Coffee-based beverages; Tea-based beverages; Chocolate-based beverages; Hot chocolate mixes; Ice cream; Ice cream substitutes; Ice cream sundaes; Oatmeal; Parfaits; Processed Oats; Prepackaged meals consisting primarily of pasta or rice; Prepackaged meals consisting primarily of quinoa; Prepackaged meals consisting primarily of grains
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: Coffee-based beverages; Tea-based beverages; Chocolate-based beverages; Hot chocolate mixes; Ice cream; Ice cream substitutes; Ice cream sundaes; Oatmeal; Parfaits; Processed Oats; Prepackaged meals consisting primarily of pasta or rice; Prepackaged meals consisting primarily of quinoa; Prepackaged meals consisting primarily of grains; Prepackaged meals consisting primarily of processed grainsClass 030 for Coffee-based beverages; Tea-based beverages; Chocolate-based beverages; Hot chocolate mixes; Ice cream; Ice cream substitutes; Ice cream sundaes; Oatmeal; Parfaits; Processed Oats; Prepackaged meals consisting primarily of pasta or rice; Prepackaged meals consisting primarily of quinoa; Prepackaged meals consisting primarily of processed grains
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 032 for Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice bases; Fruit-based beverages; Preparations for making beverages, namely, smoothies and fruit and vegetable juices; Smoothies; Vegetable juices; Vegetable-fruit juices; Ginger-based beverages
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: Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice bases; Fruit-based beverages; Preparations for making beverages, namely, smoothies and fruit and vegetable juices; smoothie, fruit juice and vegetable juices kits; Smoothies; Vegetable juices; Vegetable-fruit juices; Ginger-based beverages; Ginger juice beverages; non-alcoholic beverages flavored with gingerClass 032 for Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice bases; Fruit-based beverages; smoothie, fruit juice and vegetable juices kits; Smoothies; Vegetable juices; Vegetable-fruit juices; Ginger juice beverages; non-alcoholic beverages flavored with ginger
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.

The applicant's current attorney information: Margarita Wallach, Esq.. Margarita Wallach, Esq. of MCCARTER & ENGLISH, LLP, is located at

      WORLDWIDE PLAZA
      825 EIGHTH AVENUE, 31ST FLOOR
      NEW YORK, New York 10019
      US
The docket/reference number is 130222-00064.

The phone number is 212-609-6800.

The fax number is 2126096921.

The email address is mwallach@mccarter.com

The applicants proposed attorney information: Margarita Wallach, Esq.. Margarita Wallach, Esq. of MCCARTER & ENGLISH, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      WORLDWIDE PLAZA
      825 EIGHTH AVENUE, 31ST FLOOR
      NEW YORK, New York 10019
      United States
The docket/reference number is 130222-00064.

The phone number is 212-609-6800.

The fax number is 2126096921.

The email address is mwallach@mccarter.com

Margarita Wallach, Esq. submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).
The applicant's current correspondence information: MARGARITA WALLACH, ESQ.. MARGARITA WALLACH, ESQ. of MCCARTER & ENGLISH, LLP, is located at

      WORLDWIDE PLAZA
      825 EIGHTH AVENUE, 31ST FLOOR
      NEW YORK, New York 10019
      US
The docket/reference number is 130222-00064.

The phone number is 212-609-6800.

The fax number is 2126096921.

The email address is mwallach@mccarter.com; kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.com

The applicants proposed correspondence information: Margarita Wallach, Esq.. Margarita Wallach, Esq. of MCCARTER & ENGLISH, LLP, is located at

      WORLDWIDE PLAZA
      825 EIGHTH AVENUE, 31ST FLOOR
      NEW YORK, New York 10019
      United States
The docket/reference number is 130222-00064.

The phone number is 212-609-6800.

The fax number is 2126096921.

The email address is mwallach@mccarter.com; kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.com

SIGNATURE(S)
Response Signature
Signature: /mw/     Date: 08/07/2019
Signatory's Name: Margarita Wallach, Esq.
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 2126096800

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    MARGARITA WALLACH, ESQ.
   MCCARTER & ENGLISH, LLP
   WORLDWIDE PLAZA
   825 EIGHTH AVENUE, 31ST FLOOR
   NEW YORK, New York 10019
Mailing Address:    Margarita Wallach, Esq.
   MCCARTER & ENGLISH, LLP
   WORLDWIDE PLAZA
   825 EIGHTH AVENUE, 31ST FLOOR
   NEW YORK, New York 10019
        
Serial Number: 88210134
Internet Transmission Date: Thu Aug 08 12:13:31 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201908081213310457
50-88210134-61024d4258a232ee8a91e6854fe1
63db1fee2e94a47acde932bf31a337dd96c2d97-
N/A-N/A-20190806110456624268