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. 88327404 EAT LOCAL(Standard Characters, see http://uspto.report/TM/88327404/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of arguments refuting the likelihood of confusion and failure to function as a trademark refusals has been attached.
Original PDF file:
evi_65175311-20191125173146879454_._Office_Action_Response_-_EAT_LOCAL.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_65175311-20191125173146879454_._Exhibit_A_-_EAT_LOCAL.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_65175311-20191125173146879454_._Exhibit_B_-_EAT_LOCAL.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for edible oils
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: Class 029 for edible oils
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; tea; flour; honey; treacle; yeast; baking-powder; salt; pepper; mustard; mayonnaise; tomato sauce; bread; canned vegetables; fresh pasta, frozen pasta, dried pasta; rice; sugar; edible ices; dressings for salads; condiments, namely, butter sauces, herb sauces, salsas; spices, coconut, chutney; nutritional oils for food purposes; flavored and sweetened gelatins; molasses; extracts used as flavoring; processed herbs; corn starch; prepared sandwiches; gift baskets primarily containing some or all of the above food products
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; tea; flour; honey; treacle; yeast; baking-powder; salt; pepper; mustard; mayonnaise; tomato sauce; bread; canned vegetables; fresh pasta, frozen pasta, dried pasta; rice; sugar; edible ices; dressings for salads; condiments, namely, butter sauces, herb sauces, salsas; spices; spices, coconut, chutney; nutritional oils for food purposes namely, food flavorings being non-essential oils; nutritional oils for food purposes; flavored and sweetened gelatins; molasses; extracts used as food flavoring; extracts used as flavoring; processed herbs; corn starch; prepared sandwiches; gift baskets primarily containing some or all the foregoing goods; gift baskets primarily containing some or all of the above food productsClass 030 for coffee; tea; flour; honey; treacle; yeast; baking-powder; salt; pepper; mustard; mayonnaise; tomato sauce; bread; fresh pasta, frozen pasta, dried pasta; rice; sugar; edible ices; dressings for salads; condiments, namely, butter sauces, herb sauces, salsas; spices; nutritional oils for food purposes namely, food flavorings being non-essential oils; flavored and sweetened gelatins; molasses; extracts used as food flavoring; processed herbs; corn starch; prepared sandwiches; gift baskets primarily containing some or all the foregoing goods
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: Ann K. Ford. Ann K. Ford of DLA PIPER LLP (US), is located at

      500 EIGHTH STREET NW
      WASHINGTON, District of Columbia 20004
      US

The phone number is 202-799-4000.

The fax number is 2027995000.

The email address is dctrademarks@dlapiper.com

The applicants proposed attorney information: Ann K. Ford. Other appointed attorneys are Thomas E. Zutic; John M. Nading; Ryan C. Compton; Eunice R. Chung; David M. Kramer; Ashley H. Joyce; James K.S. Stewart; Naomi E. Abraham. Ann K. Ford of DLA PIPER LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      500 EIGHTH STREET NW
      WASHINGTON, District of Columbia 20004
      United States

The phone number is 202-799-4000.

The fax number is 2027995000.

The email address is dctrademarks@dlapiper.com

Ann K. Ford submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: ANN K. FORD. ANN K. FORD of DLA PIPER LLP (US), is located at

      500 EIGHTH STREET NW
      WASHINGTON, District of Columbia 20004
      US

The phone number is 202-799-4000.

The fax number is 2027995000.

The email address is dctrademarks@dlapiper.com

The applicants proposed correspondence information: Ann K. Ford. Ann K. Ford of DLA PIPER LLP (US), is located at

      500 EIGHTH STREET NW
      WASHINGTON, District of Columbia 20004
      United States

The phone number is 202-799-4000.

The fax number is 2027995000.

The email address is dctrademarks@dlapiper.com

SIGNATURE(S)
Response Signature
Signature: /David M. Kramer/     Date: 11/25/2019
Signatory's Name: David M. Kramer
Signatory's Position: Attorney of record, District of Columbia bar member

Signatory's Phone Number: +1 202.256.6285

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:    ANN K. FORD
   DLA PIPER LLP (US)
   
   500 EIGHTH STREET NW
   WASHINGTON, District of Columbia 20004
Mailing Address:    Ann K. Ford
   DLA PIPER LLP (US)
   500 EIGHTH STREET NW
   WASHINGTON, District of Columbia 20004
        
Serial Number: 88327404
Internet Transmission Date: Mon Nov 25 18:01:25 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201911251801257347
02-88327404-70077a4871c366ac31dd273fc6ee
a836de2a0ed53bc3589e1fda5cedc878669-N/A-
N/A-20191125173146879454