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. 88387855 NAKD.(Standard Characters, see http://uspto.report/TM/88387855/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 Prepared meals and snack foods consisting primarily of fruit, nuts and vegetables; fruit and nut based snack bars, snack foods and snack bars containing fruits, nuts, seeds, vegetables, herbs and spices; high-protein snack bars containing fruits, nuts, vegetables, seeds, herbs and spices; low carbohydrate snack foods (fruit, nut and vegetable based); prepared dried fruit mixes; infused raisins; spreads on the basis of nuts, fruits and/or vegetables
Original Filing Basis:
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[ United Kingdom application number UK0000336129 filed 12/17/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000336129 registered 03/15/2019 with a renewal date of __________ and an expiration date of 12/17/2028 ], 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: Prepared meals and snack foods consisting primarily of fruit, nuts and vegetables; Prepared meals and snack foods consisting primarily of fruit, nuts, and vegetables; fruit and nut based snack bars, snack foods and snack bars containing fruits, nuts, seeds, vegetables, herbs and spices; fruit- and nut-based snack bars, snack foods and snack bars containing fruits, nuts, seeds, vegetables, herbs, and spices; high-protein snack bars containing fruits, nuts, vegetables, seeds, herbs and spices; high-protein snack bars containing fruits, nuts, vegetables, seeds, herbs, and spices; low carbohydrate snack foods (fruit, nut and vegetable based); low carbohydrate fruit-, nut-, and vegetable-based snack foods; prepared dried fruit mixes; infused raisins; spreads on the basis of nuts, fruits and/or vegetables; fruit-, nut-, and vegetable-based spreadsClass 029 for Prepared meals and snack foods consisting primarily of fruit, nuts, and vegetables; fruit- and nut-based snack bars, snack foods and snack bars containing fruits, nuts, seeds, vegetables, herbs, and spices; high-protein snack bars containing fruits, nuts, vegetables, seeds, herbs, and spices; low carbohydrate fruit-, nut-, and vegetable-based snack foods; prepared dried fruit mixes; infused raisins; fruit-, nut-, and vegetable-based spreads
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 [ United Kingdom application number UK0000336129 filed 12/17/2018]. 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 [ United Kingdom registration number UK0000336129 registered 03/15/2019 with a renewal date of __________ and an expiration date of 12/17/2028 ], 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Confectionery; nutritional confectionery; low carbohydrate confectionery; chocolates; sweets; biscuits; cookies; flapjacks; cereal preparations; flour and preparations made from flour; cereal-based snack foods and snack bars; snack bars containing a mixture of grains, nuts and dried fruit (confectionery); high-protein cereal bars; low carbohydrate cereal preparations; chocolate bars; chocolate-coated bars; spreads on the basis of chocolate
Original Filing Basis:
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[ United Kingdom application number UK0000336129 filed 12/17/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000336129 registered 03/15/2019 with a renewal date of __________ and an expiration date of 12/17/2028 ], 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: Confectionery; Confectionery, namely, candy and chocolate; nutritional confectionery; nutritional confectionery, not for medical purposes, namely, candy and chocolate; low carbohydrate confectionery; low-carbohydrate confectionery, namely, candy and chocolate; chocolates; sweets; biscuits; cookies; flapjacks; cereal preparations; cereal preparations, namely, cereal-based snack foods; flour and preparations made from flour; flour and baking preparations made from flour; cereal-based snack foods and snack bars; snack bars containing a mixture of grains, nuts and dried fruit (confectionery); confectionary in the nature of grain-based snack bars also containing nuts and dried fruit; high-protein cereal bars; low carbohydrate cereal preparations; low carbohydrate cereal preparations, namely, cereal-based snack foods; chocolate bars; chocolate-coated bars; spreads on the basis of chocolate; chocolate based spreadsClass 030 for Confectionery, namely, candy and chocolate; nutritional confectionery, not for medical purposes, namely, candy and chocolate; low-carbohydrate confectionery, namely, candy and chocolate; chocolates; sweets; biscuits; cookies; flapjacks; cereal preparations, namely, cereal-based snack foods; flour and baking preparations made from flour; cereal-based snack foods and snack bars; confectionary in the nature of grain-based snack bars also containing nuts and dried fruit; high-protein cereal bars; low carbohydrate cereal preparations, namely, cereal-based snack foods; chocolate bars; chocolate-coated bars; chocolate based spreads
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 [ United Kingdom application number UK0000336129 filed 12/17/2018]. 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 [ United Kingdom registration number UK0000336129 registered 03/15/2019 with a renewal date of __________ and an expiration date of 12/17/2028 ], 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: Thomas J. Mango. Thomas J. Mango of CANTOR COLBURN LLP, is located at

      22ND FLOOR
      20 CHURCH STREET
      HARTFORD, Connecticut 06103
      US
The docket/reference number is NO30246TUS.

The phone number is 860-286-2929.

The fax number is 860-286-0115.

The email address is TM-CT@cantorcolburn.com

The applicants proposed attorney information: Thomas J. Mango. Thomas J. Mango of CANTOR COLBURN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      22ND FLOOR
      20 CHURCH STREET
      HARTFORD, Connecticut 06103
      United States
The docket/reference number is NO30246TUS.

The phone number is 860-286-2929.

The fax number is 860-286-0115.

The email address is TM-CT@cantorcolburn.com

Thomas J. Mango 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: THOMAS J. MANGO. THOMAS J. MANGO of CANTOR COLBURN LLP, is located at

      22ND FLOOR
      20 CHURCH STREET
      HARTFORD, Connecticut 06103
      US
The docket/reference number is NO30246TUS.

The phone number is 860-286-2929.

The fax number is 860-286-0115.

The email address is TM-CT@cantorcolburn.com; nadkins@cantorcolburn.com

The applicants proposed correspondence information: Thomas J. Mango. Thomas J. Mango of CANTOR COLBURN LLP, is located at

      22ND FLOOR
      20 CHURCH STREET
      HARTFORD, Connecticut 06103
      United States
The docket/reference number is NO30246TUS.

The phone number is 860-286-2929.

The fax number is 860-286-0115.

The email address is TM-CT@cantorcolburn.com

SIGNATURE(S)
Response Signature
Signature: /gapjr/     Date: 12/13/2019
Signatory's Name: George A. Pelletier, Jr.
Signatory's Position: Attorney of Record; CT Bar Member

Signatory's Phone Number: 8602862929

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:    THOMAS J. MANGO
   CANTOR COLBURN LLP
   22ND FLOOR
   20 CHURCH STREET
   HARTFORD, Connecticut 06103
Mailing Address:    Thomas J. Mango
   CANTOR COLBURN LLP
   22ND FLOOR
   20 CHURCH STREET
   HARTFORD, Connecticut 06103
        
Serial Number: 88387855
Internet Transmission Date: Fri Dec 13 12:53:08 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201912131253080498
98-88387855-70073b8992f03fd519962dd1d19d
af8bdc3b743f17f17e0a7856fd941993680-N/A-
N/A-20191213124847539296