Response to Office Action

SIGMA

SIGMA ALIMENTOS, S.A. DE C.V.

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)

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


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