Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88286446 F1(Standard Characters, see http://uspto.report/TM/88286446/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 Meat; fish; poultry; game; meat extracts; cooked fruits and vegetables; canned fruits and vegetables; frozen fruits and vegetables; frozen meat, fish and poultry; edible oils and fats; potato chips; french fries; processed nuts; jams; jellies; fish and meat preserves; milk, milk drink products; yoghurt drinks; milk shakes; dairy products; cheese; soya milk (milk substitute)
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Benelux registration number 1036823 registered 08/08/2018 with a renewal date of __________ and an expiration date of 08/07/2028 ], 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.

Proposed:
Tracked Text Description: Meat; fish; fish, not live; poultry; game; meat extracts; cooked fruits and vegetables; canned fruits and vegetables; frozen fruits and vegetables; frozen meat, fish and poultry; edible oils and fats; potato chips; french fries; processed nuts; jams; jellies; fish and meat preserves; milk, milk drink products; milk, milk drink products, namely, beverages with high milk content; yoghurt drinks; milk shakes; dairy products; dairy products, namely, cream, sour cream, butter, and yoghurt; cheese; soya milk (milk substitute); soy milk being milk substituteClass 029 for Meat; fish, not live; poultry; game; meat extracts; cooked fruits and vegetables; canned fruits and vegetables; frozen fruits and vegetables; frozen meat, fish and poultry; edible oils and fats; potato chips; french fries; processed nuts; jams; jellies; fish and meat preserves; milk, milk drink products, namely, beverages with high milk content; yoghurt drinks; milk shakes; dairy products, namely, cream, sour cream, butter, and yoghurt; cheese; soy milk being milk substitute
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Benelux registration number 1036823 registered 08/08/2018 with a renewal date of __________ and an expiration date of 08/07/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

The applicant's current attorney information: Jill K. Tomlinson. Jill K. Tomlinson of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET, NE, SUITE 2800
      MAILSTOP IP DOCKETING - 22
      ATLANTA, Georgia 30309
      US

The phone number is 212-775-8700.

The fax number is 212-775-8800.

The email address is nytrademarks@kilpatricktownsend.com

The applicants proposed attorney information: Jill K. Tomlinson. Jill K. Tomlinson of KILPATRICK TOWNSEND & STOCKTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1114 Avenue of the Americas
      New York, New York 10036
      United States
The docket/reference number is 1125320.

The phone number is 212-775-8700.

The fax number is 212-775-8800.

The email address is nytrademarks@kilpatricktownsend.com

Jill K. Tomlinson 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: JILL K. TOMLINSON. JILL K. TOMLINSON of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET, NE, SUITE 2800
      MAILSTOP IP DOCKETING - 22
      ATLANTA, Georgia 30309
      US

The phone number is 212-775-8700.

The fax number is 212-775-8800.

The email address is nytrademarks@kilpatricktownsend.com; tmadmin@kilpatricktownsend.com

The applicants proposed correspondence information: Jill K. Tomlinson. Jill K. Tomlinson of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      Mailstop IP Docketing - 22
      1100 Peachtree Street NE, Suite 2800
      Atlanta, Georgia 30309
      United States
The docket/reference number is 1125320.

The phone number is 212-775-8700.

The fax number is 212-775-8800.

The email address is nytrademarks@kilpatricktownsend.com; tmadmin@kilpatricktownsend.com

SIGNATURE(S)
Declaration Signature

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

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

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Sacha Woodward Hill/      Date: 08/07/2019
Signatory's Name: Sacha Woodward Hill
Signatory's Position: Director
Signatory's Phone Number: contact attorney of record


Response Signature
Signature: /Jill K. Tomlinson/     Date: 08/07/2019
Signatory's Name: Jill K. Tomlinson
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 212-775-8700

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:    JILL K. TOMLINSON
   KILPATRICK TOWNSEND & STOCKTON LLP
   1100 PEACHTREE STREET, NE, SUITE 2800
   MAILSTOP IP DOCKETING - 22
   ATLANTA, Georgia 30309
Mailing Address:    Jill K. Tomlinson
   KILPATRICK TOWNSEND & STOCKTON LLP
   Mailstop IP Docketing - 22
   1100 Peachtree Street NE, Suite 2800
   Atlanta, Georgia 30309
        
Serial Number: 88286446
Internet Transmission Date: Wed Aug 07 12:21:14 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908071221140
81975-88286446-6103459a9c1d77a8c3358aaf3
4e338a446a26f2e8fec9321683b20efe3cec8c3-
N/A-N/A-20190805135006058289