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. 88370915 TERA (Stylized and/or with Design, see http://uspto.report/TM/88370915/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 030 for Powders for ice cream, sugar for food, iced tea, tea-based beverages, chocolate-based beverages, coffee beverages with milk, instant coffee, flavorings for coffee, coffee, cocoa-based beverages, processed coffee, aromatic preparations for food, cereal-based snack food
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: Powders for ice cream, sugar for food, iced tea, tea-based beverages, chocolate-based beverages, coffee beverages with milk, instant coffee, flavorings for coffee, coffee, cocoa-based beverages, processed coffee, aromatic preparations for food, cereal-based snack food; Powders for making ice cream, sugar for food, iced tea, tea-based beverages, chocolate-based beverages, coffee beverages with milk, instant coffee, flavorings, other than essential oils, for coffee, coffee, cocoa-based beverages, processed coffee, cereal-based snack foodClass 030 for Powders for making ice cream, sugar for food, iced tea, tea-based beverages, chocolate-based beverages, coffee beverages with milk, instant coffee, flavorings, other than essential oils, for coffee, coffee, cocoa-based beverages, processed coffee, cereal-based snack food
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 hereby appoints Michael Geller. Other appointed attorneys are Keith Medansky, Hilary Remijas, Nicole Chaudhari, Eugenia Schontag. Michael Geller of DLA Piper LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 900
      444 West Lake Street
      Chicago, Illinois 60606-0089
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 309713-00000.

The phone number is 312.368.4000.

The email address is ch.tm@dlapiper.com

Michael Geller 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: . , is located at

      
      ,

The applicants proposed correspondence information: Michael Geller. Michael Geller of DLA Piper LLP, is located at

      Suite 900
      444 West Lake Street
      Chicago, Illinois 60606-0089
      United States
The docket/reference number is 309713-00000.

The phone number is 312.368.4000.

The email address is ch.tm@dlapiper.com

SIGNATURE(S)
Response Signature
Signature: /Michael Geller/     Date: 11/14/2019
Signatory's Name: Michael Geller
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 312.368.2152

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:    
   
   
   
   ,
Mailing Address:    Michael Geller
   DLA Piper LLP
   Suite 900
   444 West Lake Street
   Chicago, Illinois 60606-0089
        
Serial Number: 88370915
Internet Transmission Date: Thu Nov 14 17:22:11 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2019111417221145
9755-88370915-700904952e3abc4cabbb669c56
ca8243b338aa1c1c1cb963fc9babcdd95a59e5-N
/A-N/A-20191114171716441470