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. 88212921 SECOND SPRING(Standard Characters, see http://uspto.report/TM/88212921/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 Non-dairy creamers; non-dairy, non-alcoholic plant-based beverages, namely, almond milk-based beverages, coconut milk-based beverages, peanut-milk based beverages, rice-based beverages and non-dairy soy beverages; plant based yogurts; non-dairy yogurts; processed nuts, namely, peanut butter, almond butter, and nut flours; flour; food preparations made from cereals, namely, cereal bars, bread, pastry and biscuits; breakfast cereals; ready-to-eat cereals an hot breakfast cereals; cereal grains, namely, unprocessed grains for eating; cookies and crackers; muesli; cornmeal; instant pancake mix; prepared baking mixes, namely, bread mixes, biscuit mixes, cake mixes, muffin mixes, and dessert mixes; cereal-based snack bars; granola-based snack bars; granola-based snack mix; cereal-based snack foods; rice, rice cakes, grain cakes, granola-based snack food; sprouted grains, namely, quinoa, wheat, oat, spelt, rye, and buckwheat; sprouted seeds, namely, chia seeds, sunflower, flax and sesame; sprouted beans, namely, chickpeas, black beans and soy beans; sprouted nuts,namely peanuts, almonds, pecans, walnuts and cashews; prepared grain mixes; prepared rice based mixes; prepared rice and grain mixes; flax seed powder; chia seed powder; wheat based mixes
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number 1870009 registered 12/01/2017 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Non-dairy creamers; non-dairy, non-alcoholic plant-based beverages, namely, almond milk-based beverages, coconut milk-based beverages, peanut-milk based beverages, rice-based beverages and non-dairy soy beverages; non-dairy, non-alcoholic plant-based beverages, namely, almond milk-based beverages, coconut milk-based beverages, peanut-milk based beverages, rice milk-based beverages and non-dairy soy bean milk; plant based yogurts; non-dairy yogurts; processed nuts, namely, peanut butter, almond butter, and nut flours; processed nuts, namely, peanut butter, and almond butter.; flour; food preparations made from cereals, namely, cereal bars, bread, pastry and biscuits; breakfast cereals; ready-to-eat cereals an hot breakfast cereals; cereal grains, namely, unprocessed grains for eating; cookies and crackers; muesli; cornmeal; instant pancake mix; prepared baking mixes, namely, bread mixes, biscuit mixes, cake mixes, muffin mixes, and dessert mixes; cereal-based snack bars; granola-based snack bars; granola-based snack mix; cereal-based snack foods; rice, rice cakes, grain cakes, granola-based snack food; sprouted grains, namely, quinoa, wheat, oat, spelt, rye, and buckwheat; sprouted seeds, namely, chia seeds, sunflower, flax and sesame; sprouted beans, namely, chickpeas, black beans and soy beans; sprouted nuts,namely peanuts, almonds, pecans, walnuts and cashews; prepared grain mixes; prepared rice based mixes; prepared rice and grain mixes; flax seed powder; chia seed powder; wheat based mixesClass 029 for Non-dairy creamers; non-dairy, non-alcoholic plant-based beverages, namely, almond milk-based beverages, coconut milk-based beverages, peanut-milk based beverages, rice milk-based beverages and non-dairy soy bean milk; plant based yogurts; non-dairy yogurts; processed nuts, namely, peanut butter, and almond butter.
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number 1870009 registered 20/1/2011 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or 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 Nut flours; wheat flour; food preparations made from cereals, namely, cereal bars, bread, pastry and biscuits; breakfast cereals; ready-to-eat cereals and hot breakfast cereals; cookies and crackers; muesli; cornmeal; instant pancake mix; prepared baking mixes, namely, bread mixes, biscuit mixes, cake mixes, muffin mixes, and bakery dessert mixes; cereal-based snack bars; granola-based snack bars; granola-based snack mix; cereal-based snack foods; rice, rice cakes, grain cakes, granola-based snack food; processed grain mixes; processed rice based mixes; processed rice and grain mixes; flax seed powder; chia seed powder; processed wheat based grain mixes
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number 1870009 registered 20/1/2011 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 031 for Cereal grains, namely, unprocessed grains for eating; unprocessed sprouted grains, namely, quinoa, wheat, oat, spelt, rye, and buckwheat; sprouted seeds, namely, chia seeds, sunflower, flax and sesame; unprocessed sprouted beans, namely, chickpeas, black beans and soy beans; unprocessed sprouted nuts, namely, peanuts, almonds, pecans, walnuts and cashews
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number 1870009 registered 20/1/2011 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /lsc/      Date: 05/09/2019
Signatory's Name: Lesley S Craig
Signatory's Position: Attorney of Record CO#11948
Signatory's Phone Number: 435 259 9396


Response Signature
Signature: /lsc/     Date: 05/09/2019
Signatory's Name: Lesley S Craig
Signatory's Position: Attorney of Record CO#11948

Signatory's Phone Number: 435 259 9396

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.

        
RAM Sale Number: 88212921
RAM Accounting Date: 05/09/2019
        
Serial Number: 88212921
Internet Transmission Date: Thu May 09 10:49:32 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019050910493254
3676-88212921-620168db0d759cb9c375c4b0db
eeaeaf9c9453e3ae91225d6942fe55e86ba2687-
CC-10804-20190509101409249111