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 |
88261054 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK |
http://uspto.report/TM/88261054/mark.png |
LITERAL ELEMENT |
FOOD THAT BRINGS SOMETHING TO THE TABLE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (029)(current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Soups; Soup mixes; Preparations for making soups; Prepared meals consisting primarily of vegetables; Prepared meals consisting
primarily of meat substitutes; Prepared meals consisting primarily of legumes; prepared meals consisting primarily of seeds; prepackaged meals consisting primarily of fruit and seeds |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (029)(proposed) |
INTERNATIONAL CLASS |
029 |
TRACKED TEXT DESCRIPTION |
Soups; Soup mixes; Preparations for making soups;
Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of meat substitutes; Prepared meals consisting primarily of legumes; Prepared meals consisting primarily of processed legumes; prepared meals consisting primarily of seeds; prepared meals consisting primarily of processed seeds; prepackaged
meals consisting primarily of fruit and seeds; prepackaged meals consisting primarily of processed fruits and seeds; ginger spice based beverages with coconut milk |
FINAL DESCRIPTION |
Soups; Soup mixes; Preparations for making soups; Prepared meals consisting primarily of vegetables; Prepared meals consisting
primarily of meat substitutes; Prepared meals consisting primarily of processed legumes; prepared meals consisting primarily of processed seeds; prepackaged meals consisting primarily of processed
fruits and seeds; ginger spice based beverages with coconut milk |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (030)(current) |
INTERNATIONAL CLASS |
030 |
DESCRIPTION |
Coffee-based beverages; Tea-based beverages; Chocolate-based beverages; Hot chocolate mixes; Ice cream; Ice cream substitutes; Ice
cream sundaes; Cookie dough; Oatmeal; Parfaits; Processed Oats; Prepackaged meals consisting primarily of pasta or rice; Prepackaged meals consisting primarily of quinoa; Prepackaged meals consisting
primarily of grains |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (030)(proposed) |
INTERNATIONAL CLASS |
030 |
TRACKED TEXT DESCRIPTION |
Coffee-based beverages; Tea-based beverages; Chocolate-based
beverages; Hot chocolate mixes; Ice cream; Ice cream substitutes; Ice cream sundaes;
Cookie dough; Oatmeal; Parfaits; Processed Oats; Prepackaged meals
consisting primarily of pasta or rice; Prepackaged meals consisting primarily of quinoa; Prepackaged meals consisting primarily of
grains; Prepackaged meals consisting primarily of processed grains |
FINAL DESCRIPTION |
Coffee-based beverages; Tea-based beverages; Chocolate-based beverages; Hot chocolate mixes; Ice cream; Ice cream substitutes; Ice
cream sundaes; Cookie dough; Oatmeal; Parfaits; Processed Oats; Prepackaged meals consisting primarily of pasta or rice; Prepackaged meals consisting primarily of quinoa; Prepackaged meals consisting
primarily of processed grains |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032)(current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice bases; Fruit-based beverages; Preparations for
making beverages, namely, smoothies and fruit and vegetable juices; Smoothies; Vegetable juices; Vegetable-fruit juices; Ginger-based beverages |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032)(proposed) |
INTERNATIONAL CLASS |
032 |
TRACKED TEXT DESCRIPTION |
Frozen fruit beverages; Frozen fruit-based beverages; Fruit
beverages; Fruit juice bases; Fruit-based beverages; Preparations for making beverages, namely, smoothies
and fruit and vegetable juices; smoothie, fruit juice and vegetable juices kits; Smoothies; Vegetable
juices; Vegetable-fruit juices; Ginger-based beverages; Ginger juice beverages;
non-alcoholic beverages flavored with ginger |
FINAL DESCRIPTION |
Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice bases; Fruit-based beverages; smoothie, fruit juice
and vegetable juices kits; Smoothies; Vegetable juices; Vegetable-fruit juices; Ginger juice beverages; non-alcoholic beverages flavored with ginger |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(no change) |
ATTORNEY SECTION (current) |
NAME |
Margarita Wallach, Esq. |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
MCCARTER & ENGLISH, LLP |
INTERNAL ADDRESS |
WORLDWIDE PLAZA |
STREET |
825 EIGHTH AVENUE, 31ST FLOOR |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10019 |
COUNTRY |
US |
PHONE |
212-609-6800 |
EMAIL |
mwallach@mccarter.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
130222 |
ATTORNEY SECTION (proposed) |
NAME |
Margarita Wallach, Esq. |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
MCCARTER & ENGLISH, LLP |
INTERNAL ADDRESS |
WORLDWIDE PLAZA |
STREET |
825 EIGHTH AVENUE, 31ST FLOOR |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10019 |
COUNTRY |
United States |
PHONE |
212-609-6800 |
EMAIL |
mwallach@mccarter.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
130222 |
CORRESPONDENCE SECTION (current) |
NAME |
MARGARITA WALLACH, ESQ. |
FIRM NAME |
MCCARTER & ENGLISH, LLP |
INTERNAL ADDRESS |
WORLDWIDE PLAZA |
STREET |
825 EIGHTH AVENUE, 31ST FLOOR |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10019 |
COUNTRY |
US |
PHONE |
212-609-6800 |
EMAIL |
mwallach@mccarter.com; kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
130222 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Margarita Wallach, Esq. |
FIRM NAME |
MCCARTER & ENGLISH, LLP |
INTERNAL ADDRESS |
WORLDWIDE PLAZA |
STREET |
825 EIGHTH AVENUE, 31ST FLOOR |
CITY |
NEW YORK |
STATE |
New York |
POSTAL CODE |
10019 |
COUNTRY |
United States |
PHONE |
212-609-6800 |
EMAIL |
mwallach@mccarter.com; kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
130222 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/mw/ |
SIGNATORY'S NAME |
Margarita Wallach, Esq. |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
2126096800 |
DATE SIGNED |
08/07/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Aug 08 12:16:35 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-201
90808121635530908-8826105
4-6104965c116d0397d33be75
a4eede4154813fd683e899e3d
499d43a371344edfd9-N/A-N/
A-20190805130337971000 |
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.
88261054 FOOD THAT BRINGS SOMETHING TO THE TABLE(Standard Characters, see http://uspto.report/TM/88261054/mark.png) has been amended as
follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Soups; Soup mixes; Preparations for making soups; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of meat substitutes; Prepared
meals consisting primarily of legumes; prepared meals consisting primarily of seeds; prepackaged meals consisting primarily of fruit and seeds
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Soups;
Soup mixes;
Preparations for making soups;
Prepared meals
consisting primarily of vegetables;
Prepared meals consisting primarily of meat substitutes;
Prepared meals consisting primarily of
legumes;
Prepared meals consisting primarily of processed legumes;
prepared meals consisting primarily of seeds;
prepared meals consisting primarily of processed seeds;
prepackaged meals consisting primarily of fruit and seeds;
prepackaged meals consisting primarily of processed fruits and seeds;
ginger spice based beverages with coconut milkClass
029 for Soups; Soup mixes; Preparations for making soups; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of meat substitutes; Prepared meals consisting
primarily of processed legumes; prepared meals consisting primarily of processed seeds; prepackaged meals consisting primarily of processed fruits and seeds; ginger spice based beverages with coconut
milk
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Coffee-based beverages; Tea-based beverages; Chocolate-based beverages; Hot chocolate mixes; Ice cream; Ice cream substitutes; Ice cream sundaes; Cookie dough; Oatmeal;
Parfaits; Processed Oats; Prepackaged meals consisting primarily of pasta or rice; Prepackaged meals consisting primarily of quinoa; Prepackaged meals consisting primarily of grains
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Coffee-based beverages;
Tea-based beverages;
Chocolate-based beverages;
Hot chocolate mixes;
Ice cream;
Ice cream substitutes;
Ice cream sundaes;
Cookie
dough;
Oatmeal;
Parfaits;
Processed Oats;
Prepackaged meals consisting primarily of pasta
or rice;
Prepackaged meals consisting primarily of quinoa;
Prepackaged meals consisting primarily of grains;
Prepackaged meals consisting primarily of processed grainsClass 030 for Coffee-based beverages; Tea-based beverages; Chocolate-based beverages; Hot chocolate mixes; Ice
cream; Ice cream substitutes; Ice cream sundaes; Cookie dough; Oatmeal; Parfaits; Processed Oats; Prepackaged meals consisting primarily of pasta or rice; Prepackaged meals consisting primarily of
quinoa; Prepackaged meals consisting primarily of processed grains
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice bases; Fruit-based beverages; Preparations for making beverages, namely, smoothies and
fruit and vegetable juices; Smoothies; Vegetable juices; Vegetable-fruit juices; Ginger-based beverages
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Frozen fruit beverages;
Frozen fruit-based beverages;
Fruit beverages;
Fruit juice bases;
Fruit-based beverages;
Preparations for making beverages, namely, smoothies and fruit and vegetable
juices;
smoothie, fruit juice and vegetable juices kits;
Smoothies;
Vegetable juices;
Vegetable-fruit juices;
Ginger-based beverages;
Ginger juice beverages;
non-alcoholic beverages flavored with gingerClass 032 for Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice bases; Fruit-based beverages; smoothie,
fruit juice and vegetable juices kits; Smoothies; Vegetable juices; Vegetable-fruit juices; Ginger juice beverages; non-alcoholic beverages flavored with ginger
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
The applicant's current attorney information: Margarita Wallach, Esq.. Margarita Wallach, Esq. of MCCARTER & ENGLISH, LLP, is located at
WORLDWIDE PLAZA
825 EIGHTH AVENUE, 31ST FLOOR
NEW YORK, New York 10019
US
The docket/reference number is 130222.
The phone number is 212-609-6800.
The email address is mwallach@mccarter.com
The applicants proposed attorney information: Margarita Wallach, Esq.. Margarita Wallach, Esq. of MCCARTER & ENGLISH, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, is located at
WORLDWIDE PLAZA
825 EIGHTH AVENUE, 31ST FLOOR
NEW YORK, New York 10019
United States
The docket/reference number is 130222.
The phone number is 212-609-6800.
The email address is mwallach@mccarter.com
Margarita Wallach, Esq. submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the
District of Columbia and any U.S. Commonwealth or territory).
The applicant's current correspondence information: MARGARITA WALLACH, ESQ.. MARGARITA WALLACH, ESQ. of MCCARTER & ENGLISH, LLP, is located at
WORLDWIDE PLAZA
825 EIGHTH AVENUE, 31ST FLOOR
NEW YORK, New York 10019
US
The docket/reference number is 130222.
The phone number is 212-609-6800.
The email address is mwallach@mccarter.com; kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.com
The applicants proposed correspondence information: Margarita Wallach, Esq.. Margarita Wallach, Esq. of MCCARTER & ENGLISH, LLP, is located at
WORLDWIDE PLAZA
825 EIGHTH AVENUE, 31ST FLOOR
NEW YORK, New York 10019
United States
The docket/reference number is 130222.
The phone number is 212-609-6800.
The email address is mwallach@mccarter.com; kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.com
SIGNATURE(S)
Response Signature
Signature: /mw/ Date: 08/07/2019
Signatory's Name: Margarita Wallach, Esq.
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 2126096800
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: MARGARITA WALLACH, ESQ.
MCCARTER & ENGLISH, LLP
WORLDWIDE PLAZA
825 EIGHTH AVENUE, 31ST FLOOR
NEW YORK, New York 10019
Mailing Address: Margarita Wallach, Esq.
MCCARTER & ENGLISH, LLP
WORLDWIDE PLAZA
825 EIGHTH AVENUE, 31ST FLOOR
NEW YORK, New York 10019
Serial Number: 88261054
Internet Transmission Date: Thu Aug 08 12:16:35 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201908081216355309
08-88261054-6104965c116d0397d33be75a4eed
e4154813fd683e899e3d499d43a371344edfd9-N
/A-N/A-20190805130337971000