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. 88401795 FEED THE PARTY ANIMAL IN YOU(Standard Characters, see http://uspto.report/TM/88401795/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 Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés; Frozen prepared appetizers consisting primarily of meat, fish, poultry, or vegetables
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/24/2018 and first used in commerce at least as early as 10/24/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés; Frozen prepared appetizers consisting primarily of meat; Frozen prepared appetizers consisting primarily of meat, fish, poultry, or vegetables; Frozen prepared appetizers consisting primarily of fish; Frozen prepared appetizers consisting primarily of poultry; Frozen prepared appetizers consisting primarily of vegetable; Frozen prepared appetizers consisting primarily of meat, and also including vegetablesClass 029 for Frozen prepared appetizers consisting primarily of meat; Frozen prepared appetizers consisting primarily of fish; Frozen prepared appetizers consisting primarily of poultry; Frozen prepared appetizers consisting primarily of vegetable; Frozen prepared appetizers consisting primarily of meat, and also including vegetables
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/24/2018 and first used in commerce at least as early as 10/24/2018 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 030 for Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/24/2018 and first used in commerce at least as early as 10/24/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 030 . The specimen(s) submitted consists of image of the mark as used on packaging for the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

The applicant's current attorney information: W. LaNelle Owens. W. LaNelle Owens, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716
      US
The docket/reference number is 81378163.

The email address is ustm@walmartlegal.com

The applicants proposed attorney information: W. LaNelle Owens. Other appointed attorneys are Holly M. Lar, Danica Acosta. W. LaNelle Owens, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716
      United States
The docket/reference number is 81378163.

The email address is ustm@walmartlegal.com

W. LaNelle Owens 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: W. LANELLE OWENS. W. LANELLE OWENS, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716
      US
The docket/reference number is 81378163.

The email address is ustm@walmartlegal.com; dsdocketuswmt@dinsmore.com

The applicants proposed correspondence information: W. LaNelle Owens. W. LaNelle Owens, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716
      United States
The docket/reference number is 81378163.

The email address is ustm@walmartlegal.com; dsdocketuswmt@dinsmore.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /W. LaNelle Owens/      Date: 09/06/2019
Signatory's Name: W. LaNelle Owens
Signatory's Position: Attorney of Record, Colorado Bar Member

Response Signature
Signature: /W. LaNelle Owens/     Date: 09/06/2019
Signatory's Name: W. LaNelle Owens
Signatory's Position: Attorney of Record, Colorado Bar Member

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:    W. LANELLE OWENS
   
   
   702 SW 8TH STREET, MS 0215
   BENTONVILLE, Arkansas 72716
Mailing Address:    W. LaNelle Owens
   702 SW 8TH STREET, MS 0215
   BENTONVILLE, Arkansas 72716
        
RAM Sale Number: 88401795
RAM Accounting Date: 09/06/2019
        
Serial Number: 88401795
Internet Transmission Date: Fri Sep 06 13:31:12 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190906133112
140665-88401795-6104faa5f6f2258a21725be3
019b2dde5e46214b1e59d3210622dc0ca599410-
DA-31119900-20190904124236721712