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. 88427082 BOWLS OF GOODNESS(Standard Characters, see http://uspto.report/TM/88427082/mark.png) has been amended as follows:

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

Per the August 29 phone call between Applicant's counsel and the Examining Attorney assigned to this application, Applicant requests the withdrawal of the prior pending refusal and the disclaimer requirement, as the mark is unitary and not similar to the mark Good Bowls.

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 primarily consisting of meat and fish; Vegetable-based entrees; Pre-cooked soup; Potato based gnocchi; Cheese dips; Mixes for making soup; Quick-frozen vegetable dishes; Frozen meat; Frozen fish; Prepared meals consisting principally of vegetables; Foods made from fish namely, fish jelly, fish preserves, fish cakes, fish mousse; Fish-based foodstuffs namely, preserved fish, tinned fish, smoked fish; Edible oils; Broth; Soups; Vegetable, preserved; Cooked vegetables; Cream; Cheese; Vegetable soup preparations; Vegetable juices for cooking; Milk products; Preparations for making soup; Tomato purée; Vegetable salads; Tomato juice for cooking; Mushrooms, preserved; Fish, preserved; Meat, preserved; Meat, tinned; Vegetables, tinned, canned vegetables; Tomato paste; Vegetable marrow paste; Eggplant paste Vegetable-based cream
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: Prepared meals primarily consisting of meat and fish; Vegetable-based entrees; Frozen, prepared and packaged vegetable-based entrees; Pre-cooked soup; Potato based gnocchi; Cheese dips; Mixes for making soup; Quick-frozen vegetable dishes; Quick frozen vegetable-based entrees; Frozen meat; Frozen fish; Prepared meals consisting principally of vegetables; Foods made from fish namely, fish jelly, fish preserves, fish cakes, fish mousse; Fish-based foodstuffs namely, preserved fish, tinned fish, smoked fish; Edible oils; Broth; Soups; Vegetable, preserved; Cooked vegetables; Cream; Cheese; Vegetable soup preparations; Vegetable juices for cooking; Milk products; Milk products excluding ice cream, ice milk and frozen yogurt; Preparations for making soup; Tomato purée; Vegetable salads; Tomato juice for cooking; Tomato extracts in the nature of tomato juice; Mushrooms, preserved; Fish, preserved; Meat, preserved; Meat, tinned; Vegetables, tinned, canned vegetables; Tomato paste; Vegetable marrow paste; Eggplant paste Vegetable-based creamClass 029 for Prepared meals primarily consisting of meat and fish; Frozen, prepared and packaged vegetable-based entrees; Pre-cooked soup; Potato based gnocchi; Cheese dips; Mixes for making soup; Quick frozen vegetable-based entrees; Frozen meat; Frozen fish; Prepared meals consisting principally of vegetables; Foods made from fish namely, fish jelly, fish preserves, fish cakes, fish mousse; Fish-based foodstuffs namely, preserved fish, tinned fish, smoked fish; Edible oils; Broth; Soups; Vegetable, preserved; Cooked vegetables; Cream; Cheese; Vegetable soup preparations; Vegetable juices for cooking; Milk products excluding ice cream, ice milk and frozen yogurt; Preparations for making soup; Tomato purée; Vegetable salads; Tomato extracts in the nature of tomato juice; Mushrooms, preserved; Fish, preserved; Meat, preserved; Meat, tinned; Vegetables, tinned, canned vegetables; Tomato paste; Vegetable marrow paste; Eggplant paste Vegetable-based cream
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 030 for Pasta; Pasta containing stuffing; Fresh pasta; Packaged pasta; Puff pastry; Dried pasta; Whole meal pasta; Deep frozen pasta; Bread doughs; Pizza dough; alimentary paste; Pasta-based prepared meals; Rice-based prepared meals; Pasta sauce; Ready-made dishes containing pasta; Vegetable based seasonings for pasta; Macaroni with cheese; Frozen meals consisting primarily of pasta; Fish dumplings; Flour-based gnocchi; Tortellini; Dumplings; Ravioli; Meat gravies; Preparations for making up into sauces; Flour; Preparations made from cereals; Preparations for bakery products; Sauces for rice; Ready-made sauces; Relish; Sauces; Dressings for salad; Tomato sauce; Lasagna; Frozen dough; Frozen pastries; Frozen pastry stuffed with meat and vegetables; Boxed lunches consisting of rice, with added meat, fish or vegetables; Pastries consisting of vegetables and fish; Pizza; Fresh pizza; Pizza bases; Pizza crust; Semolina; Processed semolina; Aromatic preparations for food namely, food flavorings, herbs for food purposes, spices, vinegar; Cereal preparations; Condiments; Crepes; Ferments for pastes; Cake powder; Sponge cake; Macaroni; Noodles; Buns; Sandwiches; Pastries; Rice; Spaghetti; Vermicelli; Meat pies; Crackers, Rice cakes; Quiches; Cereal-based snack food; Rice-based snack food; Garden herbs, preserved seasonings; Noodle-based prepared meals; Cheeseburgers; Bread; Dough; Rice pulp for culinary purposes; Flour-based dumplings; Freeze-dried dishes with the main ingredient being rice; Freeze-dried dishes with the main ingredient being pasta
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: Pasta; Pasta containing stuffing; Fresh pasta; Packaged pasta; Packaged pasta, namely, packaged meal mixes consisting primarily of pasta; Puff pastry; Dried pasta; Whole meal pasta; Whole wheat pasta; Deep frozen pasta; Bread doughs; Pizza dough; alimentary paste; Pasta-based prepared meals; Rice-based prepared meals; Pasta sauce; Ready-made dishes containing pasta; Packaged meal kits consisting primarily of pasta; Vegetable based seasonings for pasta; Macaroni with cheese; Frozen meals consisting primarily of pasta; Fish dumplings; Flour-based gnocchi; Tortellini; Dumplings; Flour and potato-based dumplings; Ravioli; Meat gravies; Preparations for making up into sauces; Pasta sauces; Flour; Preparations made from cereals; Preparations made from cereals, namely, cereal based snack food; Preparations for bakery products; Preparations for bakery products, namely, flour; Sauces for rice; Ready-made sauces; Relish; Sauces; Dressings for salad; Tomato sauce; Lasagna; Frozen dough; Frozen pastries; Frozen pastry stuffed with meat and vegetables; Boxed lunches consisting of rice, with added meat, fish or vegetables; Boxed lunches, namely, pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables; Pastries consisting of vegetables and fish; Pizza; Fresh pizza; Pizza bases; Pizza bases, namely, pizza crust mixes; Pizza crust; Semolina; Processed semolina, namely, couscous; Processed semolina; Aromatic preparations for food namely, food flavorings, herbs for food purposes, spices, vinegar; Cereal preparations; Cereal preparations in the nature of cereal based snack food; Condiments; Condiments in the nature of pasta sauces; Crepes; Ferments for pastes; Ferments for pastes, namely, fermented hot pepper paste for use as a seasoning; Cake powder; Cake powder in the nature of cake mixes; Sponge cake; Macaroni; Noodles; Buns; Sandwiches; Pastries; Rice; Spaghetti; Vermicelli; Meat pies; Crackers, Rice cakes; Quiches; Cereal-based snack food; Rice-based snack food; Garden herbs, preserved seasonings; Noodle-based prepared meals; Cheeseburgers; Cheeseburger sandwiches; Bread; Dough; Rice pulp for culinary purposes; Flour-based dumplings; Freeze-dried dishes with the main ingredient being rice; Freeze-dried dishes with the main ingredient being pastaClass 030 for Pasta; Pasta containing stuffing; Fresh pasta; Packaged pasta, namely, packaged meal mixes consisting primarily of pasta; Puff pastry; Dried pasta; Whole wheat pasta; Deep frozen pasta; Bread doughs; Pizza dough; alimentary paste; Pasta-based prepared meals; Rice-based prepared meals; Pasta sauce; Packaged meal kits consisting primarily of pasta; Vegetable based seasonings for pasta; Macaroni with cheese; Frozen meals consisting primarily of pasta; Fish dumplings; Flour-based gnocchi; Tortellini; Flour and potato-based dumplings; Ravioli; Meat gravies; Pasta sauces; Flour; Preparations made from cereals, namely, cereal based snack food; Preparations for bakery products, namely, flour; Sauces for rice; Ready-made sauces; Relish; Sauces; Dressings for salad; Tomato sauce; Lasagna; Frozen dough; Frozen pastries; Frozen pastry stuffed with meat and vegetables; Boxed lunches, namely, pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables; Pastries consisting of vegetables and fish; Pizza; Fresh pizza; Pizza bases, namely, pizza crust mixes; Pizza crust; Processed semolina, namely, couscous; Processed semolina; Aromatic preparations for food namely, food flavorings, herbs for food purposes, spices, vinegar; Cereal preparations in the nature of cereal based snack food; Condiments in the nature of pasta sauces; Crepes; Ferments for pastes, namely, fermented hot pepper paste for use as a seasoning; Cake powder in the nature of cake mixes; Sponge cake; Macaroni; Noodles; Buns; Sandwiches; Pastries; Rice; Spaghetti; Vermicelli; Meat pies; Crackers, Rice cakes; Quiches; Cereal-based snack food; Rice-based snack food; Garden herbs, preserved seasonings; Noodle-based prepared meals; Cheeseburger sandwiches; Bread; Dough; Rice pulp for culinary purposes; Flour-based dumplings; Freeze-dried dishes with the main ingredient being rice; Freeze-dried dishes with the main ingredient being pasta
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: Patrick J. Jennings. Patrick J. Jennings of PILLSBURY WINTHROP SHAW PITTMAN, LLP, is located at

      1200 SEVENTEENTH STREET, NW
      WASHINGTON, District of Columbia 20036
      US
The docket/reference number is 83437-504478.

The phone number is 202-663-8918.

The email address is dctm@pillsburylaw.com

The applicants proposed attorney information: Patrick J. Jennings. Patrick J. Jennings of PILLSBURY WINTHROP SHAW PITTMAN, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1200 SEVENTEENTH STREET, NW
      WASHINGTON, District of Columbia 20036
      United States
The docket/reference number is 83437-504478.

The phone number is 202-663-8918.

The email address is dctm@pillsburylaw.com

Patrick J. Jennings 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: PATRICK J. JENNINGS. PATRICK J. JENNINGS of PILLSBURY WINTHROP SHAW PITTMAN, LLP, is located at

      1200 SEVENTEENTH STREET, NW
      WASHINGTON, District of Columbia 20036
      US
The docket/reference number is 83437-504478.

The phone number is 202-663-8918.

The email address is dctm@pillsburylaw.com

The applicants proposed correspondence information: Patrick J. Jennings. Patrick J. Jennings of PILLSBURY WINTHROP SHAW PITTMAN, LLP, is located at

      1200 SEVENTEENTH STREET, NW
      WASHINGTON, District of Columbia 20036
      United States
The docket/reference number is 83437-504478.

The phone number is 202-663-8918.

The email address is dctm@pillsburylaw.com

SIGNATURE(S)
Response Signature
Signature: /Pat Jennings/     Date: 09/20/2019
Signatory's Name: Patrick J. Jennings
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202-663-8918

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:    PATRICK J. JENNINGS
   PILLSBURY WINTHROP SHAW PITTMAN, LLP
   
   1200 SEVENTEENTH STREET, NW
   WASHINGTON, District of Columbia 20036
Mailing Address:    Patrick J. Jennings
   PILLSBURY WINTHROP SHAW PITTMAN, LLP
   1200 SEVENTEENTH STREET, NW
   WASHINGTON, District of Columbia 20036
        
Serial Number: 88427082
Internet Transmission Date: Fri Sep 20 13:03:20 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201909201303207
86037-88427082-6104ea43de75ee38221c077bb
1e1985e1b1bf7f02c8e9dcf7a95834faadc87a3-
N/A-N/A-20190920125817652019