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. 88402881 BASMA (Stylized and/or with Design, see http://uspto.report/TM/88402881/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

United States Patent and Trademark Office To: Kimberly Frye, Examining Attorney Re: Basma Serial No. 88402881 Dear adjudicating attorney; Kindly accept our response to the office action issued on July, 16 2029. Applicant Name: The undersigned respectfully bring to your attention that the applicant?s name is hereby amended to ZAIDAN, SUMAYA. She is the same person, but her prior name was used in error. She is the same person who owns trademark serial number 78892757, which is the same registration we are trying to revive in this application. Kindly note and amend the application to take note of same. Section 2(d) Refusal: Likelihood of Confusion: Applicant?s position that the U.S. registration No. 3398369 even though it has the same name but, coupled with the specific picture of the green leaves ?Molokhia?, makes it an exclusive mark restricted to that type of products. Applicant needed to register another mark to cover the rest of products line, and it was approved before (3398369), but failed to renew it timely.

EVIDENCE

Original PDF file:
evi_2603301b42cc00051c3c26599856bee-20200116074101685935_._letter_to_USPTO_PDF.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 Canned cooked meat; Dried beans; Dried meat; Frankfurters; Pickles; Processed beans; Processed peppers; Refried beans; Dried lentils
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2000 and first used in commerce at least as early as 01/01/2000 , and is now in use in such commerce.

Proposed: Class 029 for Canned cooked meat; Dried beans; Dried meat; Frankfurters; Pickles; Processed beans; Processed peppers; Refried beans; Dried lentils
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2000 and first used in commerce at least as early as 01/01/2000 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 029 . The specimen(s) submitted consists of Pictures of labels and actual products in commerce under the applicant's trademark. Copy of marketing brochure for applicant's products. .
"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
Specimen File2
Specimen File3
Specimen File4
Specimen File5

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Filo leaves; Processed grains, namely, rice, stuffed eggplants, stuffed grape leaves, green peppers stuffed with rice
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2000 and first used in commerce at least as early as 01/01/2000 , and is now in use in such commerce.

Proposed: Class 030 for Filo leaves; Processed grains, namely, rice, stuffed eggplants, stuffed grape leaves, green peppers stuffed with rice
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2000 and first used in commerce at least as early as 01/01/2000 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 030 .
"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].

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Fruit juice, namely, apple, grape, nectar, mango, pomegranite, lemon, kiwi, juice; Herbal juices juice
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2000 and first used in commerce at least as early as 01/01/2000 , and is now in use in such commerce.

Proposed: Class 032 for Fruit juice, namely, apple, grape, nectar, mango, pomegranite, lemon, kiwi, juice; Herbal juices juice
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2000 and first used in commerce at least as early as 01/01/2000 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 032 .
"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].

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Ratna Dewi, FORMERLY UNITED FOOD IMPORT INC., a citizen of United States, having an address of
      575 Old Stage Road
      Spotswood, New Jersey 08884
      United States

      XXXX (not authorized)
      732-853-2998
Proposed: ZAIDAN, SUMAYA, a citizen of United States, having an address of
      575 Old Stage Road
      Spotswood, New Jersey 08884
      United States
      XXXX (authorized)
      (848) 203-5208

The applicant's current attorney information: Yasser Helal. Yasser Helal of HELAL LAW FIRM, P.C., is located at

      476 BAY RIDGE AVE # 2
      BROOKLYN, New York 11220
      US

The phone number is 732-853-2998.

The fax number is 7182380077.

The email address is firm2000@yahoo.com

The applicants proposed attorney information: Yasser Helal. Yasser Helal of HELAL LAW FIRM, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      476 BAY RIDGE AVE # 2
      BROOKLYN, New York 11220
      United States

The phone number is (917) 402-6008.

The fax number is 7182380077.

The email address is firm2000@yahoo.com

Yasser Helal 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: YASSER HELAL. YASSER HELAL of HELAL LAW FIRM, P.C., is located at

      476 BAY RIDGE AVE # 2
      BROOKLYN, New York 11220
      US

The phone number is 732-853-2998.

The fax number is 7182380077.

The email address is firm2000@yahoo.com

The applicants proposed correspondence information: Yasser Helal. Yasser Helal of HELAL LAW FIRM, P.C., is located at

      476 BAY RIDGE AVE # 2
      BROOKLYN, New York 11220
      United States

The phone number is (917) 402-6008.

The fax number is 7182380077.

The email address is firm2000@yahoo.com

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 7889275.


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: /yasser helal/      Date: 01/16/2020
Signatory's Name: Yasser Helal
Signatory's Position: Attorney
Signatory's Phone Number: 9174026008


Response Signature
Signature: /yasser helal/     Date: 01/16/2020
Signatory's Name: Yasser Helal
Signatory's Position: Attorney

Signatory's Phone Number: 9174026008

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:    YASSER HELAL
   HELAL LAW FIRM, P.C.
   
   476 BAY RIDGE AVE # 2
   BROOKLYN, New York 11220
Mailing Address:    Yasser Helal
   HELAL LAW FIRM, P.C.
   476 BAY RIDGE AVE # 2
   BROOKLYN, New York 11220
        
Serial Number: 88402881
Internet Transmission Date: Thu Jan 16 08:31:22 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200116083122137551-88402881-7
00c4eba6c581d76b435a49a52bc3d9542dc9d0d2
e5e97963bd37abdb3bfbbe41-N/A-N/A-2020011
6074101685935