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 |
88212862 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK |
http://uspto.report/TM/88212862/mark.png |
LITERAL ELEMENT |
INGENUITY |
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. |
ARGUMENT(S) |
Applicant disagrees that the marks in the cited registrations - being for differently and non-traditionally spelled marks with apparently
dissimilar connotations and additional diacritical markings and a design element -- are confusingly similar to its applied-for mark, but for practical reasons hereby amends its application to delete
some goods and to move others, adding a new Class 30 for the latter, consistent with the Examining Attorney's guidance. |
GOODS AND/OR SERVICES SECTION (029)(current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Yogurt; yogurt-based snack foods, namely, yogurt-covered bars, nuts, pretzels, and fruit; yogurt drinks; freeze-dried fruit and yogurt
snacks; yogurt-based snack bars; yogurt-based chips; non-dairy yogurt; nut-based yogurt substitutes; milk; flavored milk; cheese; cheese substitutes; cottage cheese; sour cream; cream cheese; cream;
non-dairy-based creamers for beverages; soy milk; chickpea milk; pea milk; rice milk; almond milk; algae milk; coconut milk; hemp milk; peanut milk; cheese sticks in the nature of cheese sold in
stick form; processed cheese; egg substitutes; applesauce; vegetable-based snack foods; puffed vegetable snacks; snack food primarily consisting of fruits and nuts; fruit-based snack foods; fruit and
nut butter combination snack foods; fruit-based raw food bars; vegetable-based raw food bars; soy-based food bars; processed seafood-based food bars; fruit-based food snacks also containing
vegetables and coconut milk for babies and children; freeze-dried fruits and vegetables in the form of a chip; fruit purees; vegetable purees; combined fruit and vegetable purees; preserved fruit;
processed fruit sold in small containers cups; canned diced fruit; hummus and hummus chick pea paste; vegetable-based snack foods; nut-based food bars; frozen hand-held meals consisting primarily of
meat, fish, poultry, or vegetables; prepared hand-held meals consisting primarily of meat, fish, poultry or vegetables; packaged hand-held meals consisting primarily of meat, fish, poultry, or
vegetables; meat-based snack foods; meat-based food bars; jerky; fish purees; nut butters; pizza nuggets in the nature of frozen breaded chicken nuggets with pizza flavoring; chicken nuggets; hot dog
nuggets in the nature of hot dog sausages; chick pea-based food bars |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (029)(proposed) |
INTERNATIONAL CLASS |
029 |
TRACKED TEXT DESCRIPTION |
Yogurt; yogurt-based snack foods, namely, yogurt-covered bars, nuts, pretzels,
and fruit; yogurt drinks; freeze-dried fruit and yogurt snacks; yogurt-based snack bars; yogurt-based chips; non-dairy yogurt; nut-based yogurt substitutes; milk; flavored
milk; cheese; cheese substitutes; cottage cheese; sour cream; cream cheese; cream; non-dairy-based creamers for beverages; soy milk; chickpea
milk; pea milk; rice milk; almond milk; algae milk; coconut
milk; hemp milk; peanut milk; cheese sticks in the nature of cheese sold in stick form; processed cheese; egg substitutes; vegetable-based snack foods; applesauce; puffed vegetable snacks; snack food primarily consisting of fruits and nuts; fruit-based snack foods; fruit
and nut butter combination snack foods; fruit-based raw food bars; vegetable-based raw food bars; soy-based food
bars; processed seafood-based food bars; fruit-based food snacks also containing vegetables and coconut milk for babies and children;
freeze-dried fruits and vegetables in the form of a chip; fruit purees; vegetable purees; combined
fruit and vegetable purees; preserved fruit; processed fruit sold in small containers cups; canned diced fruit;
hummus and hummus chick pea paste; vegetable-based snack foods; nut-based food bars; nut
butters; chick pea-based food bars; frozen hand-held meals consisting primarily of meat, fish, poultry, or vegetables;
prepared hand-held meals consisting primarily of meat, fish, poultry or vegetables; packaged hand-held meals consisting
primarily of meat, fish, poultry, or vegetables; meat-based snack foods; meat-based food bars; jerky; fish purees; pizza nuggets in the nature of frozen breaded chicken nuggets with pizza
flavoring; chicken nuggets; hot dog nuggets in the nature of hot dog sausages |
FINAL DESCRIPTION |
Yogurt; yogurt drinks; freeze-dried fruit and yogurt snacks; yogurt-based snack bars; yogurt-based chips; non-dairy yogurt; nut-based
yogurt substitutes; milk; flavored milk; cheese; cheese substitutes; cottage cheese; sour cream; cream cheese; cream; non-dairy-based creamers for beverages; soy milk; chickpea milk; pea milk; rice
milk; almond milk; algae milk; coconut milk; hemp milk; peanut milk; cheese sticks in the nature of cheese sold in stick form; processed cheese; egg substitutes; vegetable-based snack foods; puffed
vegetable snacks; snack food primarily consisting of fruits and nuts; fruit-based snack foods; fruit and nut butter combination snack foods; fruit-based raw food bars; vegetable-based raw food bars;
soy-based food bars; processed seafood-based food bars; fruit-based food snacks also containing vegetables and coconut milk for babies and children; freeze-dried fruits and vegetables in the form of
a chip; fruit purees; vegetable purees; combined fruit and vegetable purees; preserved fruit; processed fruit sold in small containers cups; canned diced fruit; hummus and hummus chick pea paste;
vegetable-based snack foods; nut-based food bars; nut butters; chick pea-based food bars |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (030)(class added) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Yogurt-based snack foods, namely, yogurt-covered bars, nuts, pretzels, and fruit; applesauce |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
John C. Baum |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
Owen, Wickersham & Erickson, P.C. |
STREET |
455 Market Street, Suite 1910 |
CITY |
San Francisco |
STATE |
California |
POSTAL CODE |
94105 |
COUNTRY |
US |
PHONE |
415-882-3200 |
FAX |
415-882-3232 |
EMAIL |
tmparalegal3@owe.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
INGEN-00001 |
ATTORNEY SECTION (proposed) |
NAME |
John C. Baum |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Owen, Wickersham & Erickson, P.C. |
STREET |
455 Market Street, Suite 1910 |
CITY |
San Francisco |
STATE |
California |
POSTAL CODE |
94105 |
COUNTRY |
United States |
PHONE |
415-882-3200 |
FAX |
415-882-3232 |
EMAIL |
tmparalegal3@owe.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
INGEN-00001 |
OTHER APPOINTED ATTORNEY |
Gregory N. Owen, Melville Owen, Lawrence G. Townsend, Linda Joy Kattwinkel, Kathleen E. Letourneau, Spencer F. Owen, Erin M. Clarke |
CORRESPONDENCE SECTION (current) |
NAME |
John C. Baum |
FIRM NAME |
Owen, Wickersham & Erickson, P.C. |
STREET |
455 Market Street, Suite 1910 |
CITY |
San Francisco |
STATE |
California |
POSTAL CODE |
94105 |
COUNTRY |
US |
PHONE |
415-882-3200 |
FAX |
415-882-3232 |
EMAIL |
tmparalegal3@owe.com; jcbaum@owe.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
INGEN-00001 |
CORRESPONDENCE SECTION (proposed) |
NAME |
John C. Baum |
FIRM NAME |
Owen, Wickersham & Erickson, P.C. |
STREET |
455 Market Street, Suite 1910 |
CITY |
San Francisco |
STATE |
California |
POSTAL CODE |
94105 |
COUNTRY |
United States |
PHONE |
415-882-3200 |
FAX |
415-882-3232 |
EMAIL |
tmparalegal3@owe.com; jcbaum@owe.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
INGEN-00001 |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/John C. Baum/ |
SIGNATORY'S NAME |
John C. Baum |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
415-882-3200 |
DATE SIGNED |
09/05/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Sep 05 14:56:22 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
190905145622947591-882128
62-610164a81af88f3a1c28cd
bdb96533901a5b4d70c2d8372
0f61e8bd9aac78392-DA-5553
7429-20190905143816943883 |
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.
88212862 INGENUITY(Standard Characters, see http://uspto.report/TM/88212862/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant disagrees that the marks in the cited registrations - being for differently and non-traditionally spelled marks with apparently dissimilar connotations and additional diacritical markings
and a design element -- are confusingly similar to its applied-for mark, but for practical reasons hereby amends its application to delete some goods and to move others, adding a new Class 30 for the
latter, consistent with the Examining Attorney's guidance.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Yogurt; yogurt-based snack foods, namely, yogurt-covered bars, nuts, pretzels, and fruit; yogurt drinks; freeze-dried fruit and yogurt snacks; yogurt-based snack bars;
yogurt-based chips; non-dairy yogurt; nut-based yogurt substitutes; milk; flavored milk; cheese; cheese substitutes; cottage cheese; sour cream; cream cheese; cream; non-dairy-based creamers for
beverages; soy milk; chickpea milk; pea milk; rice milk; almond milk; algae milk; coconut milk; hemp milk; peanut milk; cheese sticks in the nature of cheese sold in stick form; processed cheese; egg
substitutes; applesauce; vegetable-based snack foods; puffed vegetable snacks; snack food primarily consisting of fruits and nuts; fruit-based snack foods; fruit and nut butter combination snack
foods; fruit-based raw food bars; vegetable-based raw food bars; soy-based food bars; processed seafood-based food bars; fruit-based food snacks also containing vegetables and coconut milk for babies
and children; freeze-dried fruits and vegetables in the form of a chip; fruit purees; vegetable purees; combined fruit and vegetable purees; preserved fruit; processed fruit sold in small containers
cups; canned diced fruit; hummus and hummus chick pea paste; vegetable-based snack foods; nut-based food bars; frozen hand-held meals consisting primarily of meat, fish, poultry, or vegetables;
prepared hand-held meals consisting primarily of meat, fish, poultry or vegetables; packaged hand-held meals consisting primarily of meat, fish, poultry, or vegetables; meat-based snack foods;
meat-based food bars; jerky; fish purees; nut butters; pizza nuggets in the nature of frozen breaded chicken nuggets with pizza flavoring; chicken nuggets; hot dog nuggets in the nature of hot dog
sausages; chick pea-based food bars
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: Yogurt;
yogurt-based snack foods, namely, yogurt-covered bars, nuts, pretzels, and fruit;
yogurt drinks;
freeze-dried fruit and yogurt snacks;
yogurt-based snack bars;
yogurt-based chips;
non-dairy yogurt;
nut-based yogurt substitutes;
milk;
flavored milk;
cheese;
cheese substitutes;
cottage cheese;
sour cream;
cream cheese;
cream;
non-dairy-based creamers for beverages;
soy milk;
chickpea milk;
pea milk;
rice milk;
almond milk;
algae milk;
coconut milk;
hemp milk;
peanut milk;
cheese sticks in the nature of cheese sold in stick form;
processed cheese;
egg substitutes;
vegetable-based snack foods;
applesauce;
puffed vegetable
snacks;
snack food primarily consisting of fruits and nuts;
fruit-based snack foods;
fruit and nut butter combination
snack foods;
fruit-based raw food bars;
vegetable-based raw food bars;
soy-based food bars;
processed seafood-based food bars;
fruit-based food snacks also containing vegetables and coconut milk for babies and children;
freeze-dried fruits and vegetables in the form of a chip;
fruit purees;
vegetable purees;
combined fruit and
vegetable purees;
preserved fruit;
processed fruit sold in small containers cups;
canned diced fruit;
hummus and hummus chick pea paste;
vegetable-based snack foods;
nut-based food bars;
nut
butters;
chick pea-based food bars;
frozen hand-held meals consisting primarily of meat, fish, poultry, or vegetables;
prepared hand-held meals consisting primarily of meat, fish, poultry or vegetables;
packaged hand-held meals consisting
primarily of meat, fish, poultry, or vegetables;
meat-based snack foods;
meat-based food bars;
jerky;
fish purees;
pizza nuggets in the nature of frozen breaded chicken nuggets with pizza
flavoring;
chicken nuggets;
hot dog nuggets in the nature of hot dog sausagesClass 029 for Yogurt; yogurt drinks;
freeze-dried fruit and yogurt snacks; yogurt-based snack bars; yogurt-based chips; non-dairy yogurt; nut-based yogurt substitutes; milk; flavored milk; cheese; cheese substitutes; cottage cheese;
sour cream; cream cheese; cream; non-dairy-based creamers for beverages; soy milk; chickpea milk; pea milk; rice milk; almond milk; algae milk; coconut milk; hemp milk; peanut milk; cheese sticks in
the nature of cheese sold in stick form; processed cheese; egg substitutes; vegetable-based snack foods; puffed vegetable snacks; snack food primarily consisting of fruits and nuts; fruit-based snack
foods; fruit and nut butter combination snack foods; fruit-based raw food bars; vegetable-based raw food bars; soy-based food bars; processed seafood-based food bars; fruit-based food snacks also
containing vegetables and coconut milk for babies and children; freeze-dried fruits and vegetables in the form of a chip; fruit purees; vegetable purees; combined fruit and vegetable purees;
preserved fruit; processed fruit sold in small containers cups; canned diced fruit; hummus and hummus chick pea paste; vegetable-based snack foods; nut-based food bars; nut butters; chick pea-based
food bars
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 hereby adds the following class of goods/services to the application:
New: Class 030 for Yogurt-based snack foods, namely, yogurt-covered bars, nuts, pretzels, and fruit; applesauce
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: John C. Baum. John C. Baum of Owen, Wickersham & Erickson, P.C., is located at
455 Market Street, Suite 1910
San Francisco, California 94105
US
The docket/reference number is INGEN-00001.
The phone number is 415-882-3200.
The fax number is 415-882-3232.
The email address is tmparalegal3@owe.com
The applicants proposed attorney information: John C. Baum. Other appointed attorneys are Gregory N. Owen, Melville Owen, Lawrence G. Townsend, Linda Joy Kattwinkel, Kathleen E. Letourneau, Spencer
F. Owen, Erin M. Clarke. John C. Baum of Owen, Wickersham & Erickson, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located
at
455 Market Street, Suite 1910
San Francisco, California 94105
United States
The docket/reference number is INGEN-00001.
The phone number is 415-882-3200.
The fax number is 415-882-3232.
The email address is tmparalegal3@owe.com
John C. Baum submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
The applicant's current correspondence information: John C. Baum. John C. Baum of Owen, Wickersham & Erickson, P.C., is located at
455 Market Street, Suite 1910
San Francisco, California 94105
US
The docket/reference number is INGEN-00001.
The phone number is 415-882-3200.
The fax number is 415-882-3232.
The email address is tmparalegal3@owe.com; jcbaum@owe.com
The applicants proposed correspondence information: John C. Baum. John C. Baum of Owen, Wickersham & Erickson, P.C., is located at
455 Market Street, Suite 1910
San Francisco, California 94105
United States
The docket/reference number is INGEN-00001.
The phone number is 415-882-3200.
The fax number is 415-882-3232.
The email address is tmparalegal3@owe.com; jcbaum@owe.com
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /John C. Baum/ Date: 09/05/2019
Signatory's Name: John C. Baum
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 415-882-3200
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: John C. Baum
Owen, Wickersham & Erickson, P.C.
455 Market Street, Suite 1910
San Francisco, California 94105
Mailing Address: John C. Baum
Owen, Wickersham & Erickson, P.C.
455 Market Street, Suite 1910
San Francisco, California 94105
RAM Sale Number: 88212862
RAM Accounting Date: 09/05/2019
Serial Number: 88212862
Internet Transmission Date: Thu Sep 05 14:56:22 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190905145622947
591-88212862-610164a81af88f3a1c28cdbdb96
533901a5b4d70c2d83720f61e8bd9aac78392-DA
-55537429-20190905143816943883