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)

---

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. 88428324 SHELLFISH, EVOLVED.(Standard Characters, see http://uspto.report/TM/88428324/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Applicant's argument, presented as a PDF attachment, in response to the Office Action, along with supporting Exhibits A through J. Exhibit A consists of screen prints from third-party web sites; Exhibit B consists of dictionary screen prints re: the term "evolved;" Exhibit C consists of a screen print of the Wikipedia page for Foodservice Distributor; Exhibit D consists of select pages from the GDSN 3.1 Trade Item Implementation Guide; Exhibit E consists of screen prints of the TSDR pages for the cited federal trademark registrations; Exhibit F consists of screen prints of the TSDR pages for the cited approved federal trademark applications; Exhibit G consists of screen prints of the TSDR pages for the cited federal trademark applications for which Office Actions have issued on non-Section 2(a) grounds; Exhibit H consists of the TSDR pages for Applicant's approved applications for registration of NEW WAVE SHRIMP, NEW WAVE CRAB, and NEW WAVE LOBSTER; Exhibit I consists of screen prints of sources identifying seaweed as seafood; and Exhibit J consists of Applicant's brochure and draft packaging/labeling. has been attached.
Original PDF file:
evi_108166070-20200201112455272798_._Response_to_Office_Action_for_SHELLFISH_EVOLVED__Final_.pdf
Converted PDF file(s) ( 18 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_A_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_B_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_C_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_D_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 29 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_E_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 59 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Evidence-30
Evidence-31
Evidence-32
Evidence-33
Evidence-34
Evidence-35
Evidence-36
Evidence-37
Evidence-38
Evidence-39
Evidence-40
Evidence-41
Evidence-42
Evidence-43
Evidence-44
Evidence-45
Evidence-46
Evidence-47
Evidence-48
Evidence-49
Evidence-50
Evidence-51
Evidence-52
Evidence-53
Evidence-54
Evidence-55
Evidence-56
Evidence-57
Evidence-58
Evidence-59
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_F_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 45 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Evidence-30
Evidence-31
Evidence-32
Evidence-33
Evidence-34
Evidence-35
Evidence-36
Evidence-37
Evidence-38
Evidence-39
Evidence-40
Evidence-41
Evidence-42
Evidence-43
Evidence-44
Evidence-45
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_G_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 16 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_H_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_I_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_108166070-20200201112455272798_._EXHIBIT_J_for_SHELLFISH_EVOLVED_Office_Action_Response.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Sustainable seafood; Seafood substitutes; Imitation shrimp; Imitation crab; Imitation lobster; Imitation shellfish; Plant-based seafood substitutes; Plant-based shrimp substitutes; Plant-based crab substitutes; Plant-based lobster substitutes; Plant-based shellfish substitutes
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: Sustainable seafood; Sustainable seafood, not live; Seafood substitutes; Imitation shrimp; Imitation crab; Imitation lobster; Imitation shellfish; Plant-based seafood substitutes; Plant-based shrimp substitutes; Plant-based crab substitutes; Plant-based lobster substitutes; Plant-based shellfish substitutesClass 029 for Sustainable seafood, not live; Seafood substitutes; Imitation shrimp; Imitation crab; Imitation lobster; Imitation shellfish; Plant-based seafood substitutes; Plant-based shrimp substitutes; Plant-based crab substitutes; Plant-based lobster substitutes; Plant-based shellfish substitutes
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.

SIGNATURE(S)
Response Signature
Signature: /Leslie H Smith/     Date: 02/01/2020
Signatory's Name: Leslie H Smith
Signatory's Position: Attorney of record, Pennsylvania Bar Member

Signatory's Phone Number: 2158508888

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.

        
Serial Number: 88428324
Internet Transmission Date: Sat Feb 01 11:49:52 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200201114952307
616-88428324-7007efe4fcfed8723db9a149d06
3b65175bdfaca747c7235e2185195258409c2e-N
/A-N/A-20200201112455272798