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 |
88237454 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88237454/mark.png |
LITERAL ELEMENT |
SIGMA |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
This responds to the Office Action dated June 5, 2019. The Examining Attorney has taken the position that there may be a likelihood of confusion
with respect to certain services in International Class 35. In response thereto, Applicant has deleted the referenced services from International Class 35 obviating the refusals. In addition,
Applicant is submitting herewith the corresponding foreign registrations (along with English translations) which have issued for International Classes 29, 30, 32 and 35. Upon acceptance, Applicant
requests that the Section 1(b) bases be deleted. Accordingly, Applicant respectfully requests that the application be approved for publication at this time. |
GOODS AND/OR SERVICES SECTION (029)(current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Meat, fish, poultry, and game not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams;
compotes; eggs; milk and milk products excluding ice cream, ice milk and frozen yogurt; oils and fats for food; beef; beverages consisting principally of milk; beverages having a milk base; beverages
made from milk; beverages made from yoghurt; beverages made with yoghurt; blended cheese; butter; butter substitutes; canned cooked meat; canned meat; charcuterie; cheese; cheese-based snack foods;
cheese food; cheese substitutes; chicken; combination meal consisting primarily of a meat or vegetable-based entree and a soup or salad for consumption on or off the premises; cooked meat dishes;
corn dogs; cured meats; dairy based beverages; dried beef; drinking yoghurts; flavoured milk; food package combinations consisting primarily of cheese, meat and/or processed fruit; formed textured
vegetable protein for use as a meat substitute; frankfurters; fresh meat; fresh poultry; frozen appetizers consisting primarily of chicken or seafood; ham; hamburger; hot dog sausages; liver pate;
luncheon meats; lyophilized meat; meat; meat and meat extracts; meat-based snack foods; meat substitutes; milk; packaged meats; pork; prepared beef; prepared dishes consisting principally of meat;
prepared entrees consisting principally of seafood; prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and
assembly as a meal; processed meat; sausages; sausage meat; soups; stews; yoghurt |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2142216 |
FOREIGN APPLICATION COUNTRY |
Mexico |
FOREIGN FILING DATE |
12/11/2018 |
GOODS AND/OR SERVICES SECTION (029)(proposed) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Meat, fish, poultry, and game not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams;
compotes; eggs; milk and milk products excluding ice cream, ice milk and frozen yogurt; oils and fats for food; beef; beverages consisting principally of milk; beverages having a milk base; beverages
made from milk; beverages made from yoghurt; beverages made with yoghurt; blended cheese; butter; butter substitutes; canned cooked meat; canned meat; charcuterie; cheese; cheese-based snack foods;
cheese food; cheese substitutes; chicken; combination meal consisting primarily of a meat or vegetable-based entree and a soup or salad for consumption on or off the premises; cooked meat dishes;
corn dogs; cured meats; dairy based beverages; dried beef; drinking yoghurts; flavoured milk; food package combinations consisting primarily of cheese, meat and/or processed fruit; formed textured
vegetable protein for use as a meat substitute; frankfurters; fresh meat; fresh poultry; frozen appetizers consisting primarily of chicken or seafood; ham; hamburger; hot dog sausages; liver pate;
luncheon meats; lyophilized meat; meat; meat and meat extracts; meat-based snack foods; meat substitutes; milk; packaged meats; pork; prepared beef; prepared dishes consisting principally of meat;
prepared entrees consisting principally of seafood; prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and
assembly as a meal; processed meat; sausages; sausage meat; soups; stews; yoghurt |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2142216 |
FOREIGN APPLICATION COUNTRY |
Mexico |
FOREIGN FILING DATE |
12/11/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
1990737 |
FOREIGN REGISTRATION
COUNTRY |
Mexico |
FOREIGN REGISTRATION
DATE |
04/15/2019 |
FOREIGN EXPIRATION DATE |
12/11/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-208185139113-110442569_._Class_29.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0005.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (030)(current) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Coffee; prepared coffee and coffee-based beverages; tea; cocoa; sugar; rice; tapioca; sago; artificial coffee; flour for foods;
preparations made from cereals, namely, breakfast cereals; bread; pastry and confectionery, namely, cakes, cookies; pies; edible ices; honey; treacle; yeast for food preparation for human
consumption; baking-powder; cooking salt; mustard; vinegar; ice for refreshment; pasta and noodles; pizza; lasagna; spaghetti; ravioli; hotcake mixes; hot dog sandwiches; waffles; tamales; burritos;
tortillas; tacos; enchiladas |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2142218 |
FOREIGN APPLICATION COUNTRY |
Mexico |
FOREIGN FILING DATE |
12/11/2018 |
GOODS AND/OR SERVICES SECTION (030)(proposed) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Coffee; prepared coffee and coffee-based beverages; tea; cocoa; sugar; rice; tapioca; sago; artificial coffee; flour for foods;
preparations made from cereals, namely, breakfast cereals; bread; pastry and confectionery, namely, cakes, cookies; pies; edible ices; honey; treacle; yeast for food preparation for human
consumption; baking-powder; cooking salt; mustard; vinegar; ice for refreshment; pasta and noodles; pizza; lasagna; spaghetti; ravioli; hotcake mixes; hot dog sandwiches; waffles; tamales; burritos;
tortillas; tacos; enchiladas |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2142218 |
FOREIGN APPLICATION COUNTRY |
Mexico |
FOREIGN FILING DATE |
12/11/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
1990738 |
FOREIGN REGISTRATION
COUNTRY |
Mexico |
FOREIGN REGISTRATION
DATE |
04/15/2019 |
FOREIGN EXPIRATION DATE |
12/11/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-208185139113-110442569_._Class_30.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0009.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (032)(current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
Concentrates, syrups or powders used in the preparation of soft drinks; Drinking water; Flavored waters; Fruit juice bases; Fruit
juices; Mineral water; Soda water; Soft drinks; Soy-based beverages not being milk substitutes; Coffee-flavored soft drinks |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2142220 |
FOREIGN APPLICATION COUNTRY |
Mexico |
FOREIGN FILING DATE |
12/11/2018 |
GOODS AND/OR SERVICES SECTION (032)(proposed) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
Concentrates, syrups or powders used in the preparation of soft drinks; Drinking water; Flavored waters; Fruit juice bases; Fruit
juices; Mineral water; Soda water; Soft drinks; Soy-based beverages not being milk substitutes; Coffee-flavored soft drinks |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2142220 |
FOREIGN APPLICATION COUNTRY |
Mexico |
FOREIGN FILING DATE |
12/11/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
1990739 |
FOREIGN REGISTRATION
COUNTRY |
Mexico |
FOREIGN REGISTRATION
DATE |
04/15/2019 |
FOREIGN EXPIRATION DATE |
12/11/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU2-208185139113-110442569_._Class_32.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0012.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0013.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Administration of a program for enabling participants to obtain discounts on goods and receive improved services; Arranging and
conducting business conferences; Arranging and conducting of fairs and exhibitions for business and advertising purposes; Conducting business research and surveys; Conducting market surveys;
Conducting marketing studies; Product demonstration; Retail and on-line grocery store services featuring home delivery service; Retail grocery stores; Retail convenience stores; Retail delicatessen
services; Retail variety stores; Sales demonstration; Sales management services; Sales promotion; Sample distribution; Shoppers' guide information; Supply chain management services; Wholesale
distributorships featuring food and beverages |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2142221 |
FOREIGN APPLICATION COUNTRY |
Mexico |
FOREIGN FILING DATE |
12/11/2018 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Administration of a program for enabling participants to obtain discounts on goods and receive improved
services; Arranging and conducting business conferences; Retail and on-line grocery store services featuring home delivery
service; Arranging and conducting of fairs and exhibitions for business and advertising purposes; Retail grocery stores;
Conducting business research and surveys; Retail convenience stores; Conducting market
surveys; Retail delicatessen services; Conducting marketing studies; Retail variety stores;
Product demonstration; Sample distribution; Shoppers' guide information; Supply chain
management services; Wholesale distributorships featuring food and beverages; Sales demonstration; Sales management services; Sales promotion |
FINAL DESCRIPTION |
Administration of a program for enabling participants to obtain discounts on goods and receive improved services; Retail and on-line
grocery store services featuring home delivery service; Retail grocery stores; Retail convenience stores; Retail delicatessen services; Retail variety stores; Sample distribution; Shoppers' guide
information; Supply chain management services; Wholesale distributorships featuring food and beverages |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2142221 |
FOREIGN APPLICATION COUNTRY |
Mexico |
FOREIGN FILING DATE |
12/11/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
1997603 |
FOREIGN REGISTRATION
COUNTRY |
Mexico |
FOREIGN REGISTRATION
DATE |
05/08/2019 |
FOREIGN EXPIRATION DATE |
12/11/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU3-208185139113-110442569_._Class_35.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0014.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0015.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0016.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\374\88237454\xml9\ROA0017.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
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 |
/H. David Starr/ |
SIGNATORY'S NAME |
H. David Starr |
SIGNATORY'S POSITION |
Attorney for Applicant, District of Columbia bar member |
DATE SIGNED |
06/19/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jun 19 11:21:44 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20190619112144320547-882
37454-62022c04e5f54c86586
dcc65a38a2fdd9cb906ec4432
62348ae27485a6351345a6-N/
A-N/A-2019061911044256916
6 |
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.
88237454 SIGMA (Stylized and/or with Design, see http://uspto.report/TM/88237454/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
This responds to the Office Action dated June 5, 2019. The Examining Attorney has taken the position that there may be a likelihood of confusion with respect to certain services in International
Class 35. In response thereto, Applicant has deleted the referenced services from International Class 35 obviating the refusals. In addition, Applicant is submitting herewith the corresponding
foreign registrations (along with English translations) which have issued for International Classes 29, 30, 32 and 35. Upon acceptance, Applicant requests that the Section 1(b) bases be deleted.
Accordingly, Applicant respectfully requests that the application be approved for publication at this time.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Meat, fish, poultry, and game not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk and milk products
excluding ice cream, ice milk and frozen yogurt; oils and fats for food; beef; beverages consisting principally of milk; beverages having a milk base; beverages made from milk; beverages made from
yoghurt; beverages made with yoghurt; blended cheese; butter; butter substitutes; canned cooked meat; canned meat; charcuterie; cheese; cheese-based snack foods; cheese food; cheese substitutes;
chicken; combination meal consisting primarily of a meat or vegetable-based entree and a soup or salad for consumption on or off the premises; cooked meat dishes; corn dogs; cured meats; dairy based
beverages; dried beef; drinking yoghurts; flavoured milk; food package combinations consisting primarily of cheese, meat and/or processed fruit; formed textured vegetable protein for use as a meat
substitute; frankfurters; fresh meat; fresh poultry; frozen appetizers consisting primarily of chicken or seafood; ham; hamburger; hot dog sausages; liver pate; luncheon meats; lyophilized meat;
meat; meat and meat extracts; meat-based snack foods; meat substitutes; milk; packaged meats; pork; prepared beef; prepared dishes consisting principally of meat; prepared entrees consisting
principally of seafood; prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; processed
meat; sausages; sausage meat; soups; stews; yoghurt
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(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Mexico application number 2142216 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 029 for Meat, fish, poultry, and game not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk and milk products
excluding ice cream, ice milk and frozen yogurt; oils and fats for food; beef; beverages consisting principally of milk; beverages having a milk base; beverages made from milk; beverages made from
yoghurt; beverages made with yoghurt; blended cheese; butter; butter substitutes; canned cooked meat; canned meat; charcuterie; cheese; cheese-based snack foods; cheese food; cheese substitutes;
chicken; combination meal consisting primarily of a meat or vegetable-based entree and a soup or salad for consumption on or off the premises; cooked meat dishes; corn dogs; cured meats; dairy based
beverages; dried beef; drinking yoghurts; flavoured milk; food package combinations consisting primarily of cheese, meat and/or processed fruit; formed textured vegetable protein for use as a meat
substitute; frankfurters; fresh meat; fresh poultry; frozen appetizers consisting primarily of chicken or seafood; ham; hamburger; hot dog sausages; liver pate; luncheon meats; lyophilized meat;
meat; meat and meat extracts; meat-based snack foods; meat substitutes; milk; packaged meats; pork; prepared beef; prepared dishes consisting principally of meat; prepared entrees consisting
principally of seafood; prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; processed
meat; sausages; sausage meat; soups; stews; yoghurt
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Mexico application number 2142216 filed 12/11/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Mexico registration number 1990737 registered 04/15/2019 with
a renewal date of __________ and an expiration date of 12/11/2028 ], 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.
Original PDF file:
FRU0-208185139113-110442569_._Class_29.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Coffee; prepared coffee and coffee-based beverages; tea; cocoa; sugar; rice; tapioca; sago; artificial coffee; flour for foods; preparations made from cereals, namely,
breakfast cereals; bread; pastry and confectionery, namely, cakes, cookies; pies; edible ices; honey; treacle; yeast for food preparation for human consumption; baking-powder; cooking salt; mustard;
vinegar; ice for refreshment; pasta and noodles; pizza; lasagna; spaghetti; ravioli; hotcake mixes; hot dog sandwiches; waffles; tamales; burritos; tortillas; tacos; enchiladas
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(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Mexico application number 2142218 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 030 for Coffee; prepared coffee and coffee-based beverages; tea; cocoa; sugar; rice; tapioca; sago; artificial coffee; flour for foods; preparations made from cereals, namely,
breakfast cereals; bread; pastry and confectionery, namely, cakes, cookies; pies; edible ices; honey; treacle; yeast for food preparation for human consumption; baking-powder; cooking salt; mustard;
vinegar; ice for refreshment; pasta and noodles; pizza; lasagna; spaghetti; ravioli; hotcake mixes; hot dog sandwiches; waffles; tamales; burritos; tortillas; tacos; enchiladas
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Mexico application number 2142218 filed 12/11/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Mexico registration number 1990738 registered 04/15/2019 with
a renewal date of __________ and an expiration date of 12/11/2028 ], 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.
Original PDF file:
FRU1-208185139113-110442569_._Class_30.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Concentrates, syrups or powders used in the preparation of soft drinks; Drinking water; Flavored waters; Fruit juice bases; Fruit juices; Mineral water; Soda water; Soft
drinks; Soy-based beverages not being milk substitutes; Coffee-flavored soft drinks
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(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Mexico application number 2142220 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 032 for Concentrates, syrups or powders used in the preparation of soft drinks; Drinking water; Flavored waters; Fruit juice bases; Fruit juices; Mineral water; Soda water;
Soft drinks; Soy-based beverages not being milk substitutes; Coffee-flavored soft drinks
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Mexico application number 2142220 filed 12/11/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Mexico registration number 1990739 registered 04/15/2019 with
a renewal date of __________ and an expiration date of 12/11/2028 ], 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.
Original PDF file:
FRU2-208185139113-110442569_._Class_32.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Administration of a program for enabling participants to obtain discounts on goods and receive improved services; Arranging and conducting business conferences;
Arranging and conducting of fairs and exhibitions for business and advertising purposes; Conducting business research and surveys; Conducting market surveys; Conducting marketing studies; Product
demonstration; Retail and on-line grocery store services featuring home delivery service; Retail grocery stores; Retail convenience stores; Retail delicatessen services; Retail variety stores; Sales
demonstration; Sales management services; Sales promotion; Sample distribution; Shoppers' guide information; Supply chain management services; Wholesale distributorships featuring food and
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Mexico application number 2142221 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Administration of a program for enabling participants to obtain discounts on goods and receive improved services;
Arranging and conducting business conferences;
Retail and on-line grocery store services featuring home delivery service;
Arranging and conducting of fairs and exhibitions for business and advertising purposes;
Retail grocery stores;
Conducting
business research and surveys;
Retail convenience stores;
Conducting market surveys;
Retail delicatessen
services;
Conducting marketing studies;
Retail variety stores;
Product demonstration;
Sample distribution;
Shoppers' guide information;
Supply chain management services;
Wholesale
distributorships featuring food and beverages;
Sales demonstration;
Sales management services;
Sales promotionClass 035 for Administration of a program for enabling participants to obtain discounts on goods and receive improved services; Retail and on-line grocery store
services featuring home delivery service; Retail grocery stores; Retail convenience stores; Retail delicatessen services; Retail variety stores; Sample distribution; Shoppers' guide information;
Supply chain management services; Wholesale distributorships featuring food and beverages
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Mexico application number 2142221 filed 12/11/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Mexico registration number 1997603 registered 05/08/2019 with
a renewal date of __________ and an expiration date of 12/11/2028 ], 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.
Original PDF file:
FRU3-208185139113-110442569_._Class_35.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
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: /H. David Starr/ Date: 06/19/2019
Signatory's Name: H. David Starr
Signatory's Position: Attorney for Applicant, District of Columbia 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: 88237454
Internet Transmission Date: Wed Jun 19 11:21:44 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190619112144
320547-88237454-62022c04e5f54c86586dcc65
a38a2fdd9cb906ec443262348ae27485a6351345
a6-N/A-N/A-20190619110442569166