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. 88429829 SIMPLE INGREDIENTS, BETTER CHOICES(Standard Characters, see http://uspto.report/TM/88429829/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 030 for tortillas, tortilla chips, snack foods, including corn-based snack foods, grain-based snack foods
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: tortillas, tortilla chips, snack foods, including corn-based snack foods, grain-based snack foods; tortillas, tortilla chips, snack foods, namely, corn-based snack foods, grain-based snack foodsClass 030 for tortillas, tortilla chips, snack foods, namely, corn-based snack foods, grain-based snack foods
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: John M. Cone. John M. Cone of FERGUSON BRASWELL FRASER KUBASTA PC, is located at

      2500 DALLAS PARKWAY, SUITE 600
      PLANO, Texas 75093
      US
The docket/reference number is 5139.206.US.

The phone number is 972-826-4436.

The fax number is 972-378-9115.

The email address is jmcdocket@fbfk.law

The applicants proposed attorney information: John M. Cone. John M. Cone of FERGUSON BRASWELL FRASER KUBASTA PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2500 DALLAS PARKWAY, SUITE 600
      PLANO, Texas 75093
      United States
The docket/reference number is 5139.206.US.

The phone number is 972-826-4436.

The fax number is 972-378-9115.

The email address is jmcdocket@fbfk.law

John M. Cone 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: JOHN M. CONE. JOHN M. CONE of FERGUSON BRASWELL FRASER KUBASTA PC, is located at

      2500 DALLAS PARKWAY, SUITE 600
      PLANO, Texas 75093
      US
The docket/reference number is 5139.206.US.

The phone number is 972-826-4436.

The fax number is 972-378-9115.

The email address is jmcdocket@fbfk.law; dcone@fbfk.law

The applicants proposed correspondence information: John M. Cone. John M. Cone of FERGUSON BRASWELL FRASER KUBASTA PC, is located at

      2500 DALLAS PARKWAY, SUITE 600
      PLANO, Texas 75093
      United States
The docket/reference number is 5139.206.US.

The phone number is 972-826-4436.

The fax number is 972-378-9115.

The email address is jmcdocket@fbfk.law

SIGNATURE(S)
Response Signature
Signature: /johnmcone/     Date: 08/28/2019
Signatory's Name: John M. Cone
Signatory's Position: Attorney of Record

Signatory's Phone Number: 972-826-4436

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:    JOHN M. CONE
   FERGUSON BRASWELL FRASER KUBASTA PC
   
   2500 DALLAS PARKWAY, SUITE 600
   PLANO, Texas 75093
Mailing Address:    John M. Cone
   FERGUSON BRASWELL FRASER KUBASTA PC
   2500 DALLAS PARKWAY, SUITE 600
   PLANO, Texas 75093
        
Serial Number: 88429829
Internet Transmission Date: Wed Aug 28 12:18:04 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019082812180426
1515-88429829-610e160f4d0d0e876667b07695
2121a38c960d579c7bdda08da24348fd39ed-N/A
-N/A-20190828121556112358