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. 88423658 WELLPLATED(Standard Characters, see http://uspto.report/TM/88423658/mark.png) has been amended as follows:

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

Arguments submitted in Evidence Section.

EVIDENCE
Evidence in the nature of Response to Non-Final Office Action Dated July 24, 2019; Exhibit A (five parts); Exhibit B; Exhibit C and Exhibit D has been attached.
Original PDF file:
evi_381047662-20200124171046804808_._Response_to_Non-Final_Office_Action_Dated_July_24__2019.pdf
Converted PDF file(s) ( 22 pages)
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Original PDF file:
evi_1-381047662-20200124171046804808_._EXHIBIT_A__Part_1_of_5_.pdf
Converted PDF file(s) ( 29 pages)
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Original PDF file:
evi_1-381047662-20200124171046804808_._EXHIBIT_A__Part_2_of_5_.pdf
Converted PDF file(s) ( 145 pages)
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Original PDF file:
evi_1-381047662-20200124171046804808_._EXHIBIT_A__Part_3_of_5_.pdf
Converted PDF file(s) ( 80 pages)
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Original PDF file:
evi_1-381047662-20200124171046804808_._EXHIBIT_A__Part_4_of_5_.pdf
Converted PDF file(s) ( 71 pages)
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Original PDF file:
evi_1-381047662-20200124171046804808_._EXHIBIT_A__Part_5_of_5_.pdf
Converted PDF file(s) ( 60 pages)
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Original PDF file:
evi_1-381047662-20200124171046804808_._EXHIBIT_B.pdf
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Original PDF file:
evi_1-381047662-20200124171046804808_._EXHIBIT_C.pdf
Converted PDF file(s) ( 3 pages)
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Original PDF file:
evi_1-381047662-20200124171046804808_._EXHIBIT_D.pdf
Converted PDF file(s) ( 7 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 030 for Prepared foods

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Fresh vegetables, fresh fruit, fresh meats, frozen meats
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: Fresh vegetables, fresh fruit, fresh meats, frozen meats; Fresh meats, frozen meats; Prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a mealClass 029 for Fresh meats, frozen meats; Prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal
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 035 for Retail store services featuring grab and go food items, sandwiches, salads, snack foods, fresh fruit, candy, assorted cookies and desserts, pastries, hot chocolate, soft drinks, tea, coffee, and other non-alcoholic beverages, beer, wine and other alcoholic beverages, energy drinks
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: Retail store services featuring grab and go food items, sandwiches, salads, snack foods, fresh fruit, candy, assorted cookies and desserts, pastries, hot chocolate, soft drinks, tea, coffee, and other non-alcoholic beverages, beer, wine and other alcoholic beverages, energy drinks; Retail store services featuring grab and go food items, sandwiches, salads, snack foods, fresh fruit, candy, assorted cookies and desserts, pastries, hot chocolate, soft drinks, tea, coffee, and other non-alcoholic beverages, beer, wine and other alcoholic beverages,¶
energy drinksClass 035 for Retail store services featuring grab and go food items, sandwiches, salads, snack foods, fresh fruit, candy, assorted cookies and desserts, pastries, hot chocolate, soft drinks, tea, coffee, and other non-alcoholic beverages, beer, wine and other alcoholic beverages, energy drinks
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 hereby adds the following class of goods/services to the application:
New: Class 031 for Fresh vegetables; Fresh fruit
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: Daniel D. Frohling. Daniel D. Frohling of LOEB & LOEB LLP, is located at

      321 N. CLARK STREET, SUITE 2300
      CHICAGO, Iowa 60654
      US
The docket/reference number is 223998-00113.

The phone number is 312-464-3100.

The fax number is 312-464-3111.

The email address is Chicagopto@loeb.com

The applicants proposed attorney information: Daniel D. Frohling. Other appointed attorneys are Tatyana V. Gilles. Daniel D. Frohling of LOEB & LOEB 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

      321 N. CLARK STREET, SUITE 2300
      CHICAGO, Iowa 60654
      United States
The docket/reference number is 223998-00113.

The phone number is 312-464-3100.

The fax number is 312-464-3111.

The email address is trademarks@loeb.com

Daniel D. Frohling 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: DANIEL D. FROHLING. DANIEL D. FROHLING of LOEB & LOEB LLP, is located at

      321 N. CLARK STREET, SUITE 2300
      CHICAGO, Iowa 60654
      US
The docket/reference number is 223998-00113.

The phone number is 312-464-3100.

The fax number is 312-464-3111.

The email address is Chicagopto@loeb.com

The applicants proposed correspondence information: Daniel D. Frohling. Daniel D. Frohling of LOEB & LOEB LLP, is located at

      321 N. CLARK STREET, SUITE 2300
      CHICAGO, Iowa 60654
      United States
The docket/reference number is 223998-00113.

The phone number is 312-464-3100.

The fax number is 312-464-3111.

The email address is trademarks@loeb.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: /Tatyana V. Gilles/      Date: 01/24/2020
Signatory's Name: Tatyana V. Gilles
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone Number: 312-464-3100


Response Signature
Signature: /Tatyana V. Gilles/     Date: 01/24/2020
Signatory's Name: Tatyana V. Gilles
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 312-464-3100

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:    DANIEL D. FROHLING
   LOEB & LOEB LLP
   
   321 N. CLARK STREET, SUITE 2300
   CHICAGO, Iowa 60654
Mailing Address:    Daniel D. Frohling
   LOEB & LOEB LLP
   321 N. CLARK STREET, SUITE 2300
   CHICAGO, Iowa 60654
        
RAM Sale Number: 88423658
RAM Accounting Date: 01/24/2020
        
Serial Number: 88423658
Internet Transmission Date: Fri Jan 24 18:11:26 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200124181126976
419-88423658-700c822deeff9fca6222d95e1d1
fdb9e76b79d568509e6172d11ed42095b4a347a-
CC-11259372-20200124171046804808