Response to Office Action

MILLY MOO

K-fee System GmbH

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88442987
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88442987/mark.png
LITERAL ELEMENT MILLY MOO
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The words Milly Moo in a stylized font in the middle of a double line circle with the inner circle being thinner than the outer circle.
OWNER SECTION (current)
NAME K-fee System GmbH
STREET Senefelderstr. 44
CITY Bergisch Gladbach
ZIP/POSTAL CODE 51469
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Germany
OWNER SECTION (proposed)
NAME K-fee System GmbH
STREET Senefelderstr. 44
CITY Bergisch Gladbach
ZIP/POSTAL CODE 51469
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Germany
EMAIL XXXX
GOODS AND/OR SERVICES SECTION (011) (current)
INTERNATIONAL CLASS 011
DESCRIPTION
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; equipment for cooking, heating, refrigerating and other food and beverage treatment equipment and apparatus; electric coffee filter apparatus, coffee machines and coffee percolators; coffee roasters; coffee roasting machines; electric coffee semi-automatic and fully automatic machines; electric coffee, tea and cocoa preparation machines for processing single-dose coffee, tea, cocoa, milk or milk powder or coffee-containing, tea-containing or cocoa-containing beverage powder, in particular in capsule or pad form; parts and accessories for all the aforesaid goods, included in this class
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER DE3020191046
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Germany
        FOREIGN FILING DATE 04/12/2019
GOODS AND/OR SERVICES SECTION (011) (proposed)
INTERNATIONAL CLASS 011
TRACKED TEXT DESCRIPTION
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, apparatus for descaling water, electric kettles, water purifying units, for potable water for domestic, commercial or industrial use, electric yogurt makers, electric ice cream makers; equipment for cooking, heating, refrigerating and other food and beverage treatment equipment and apparatus; apparatus for heating food and beverages; electric coffee filter apparatus, coffee machines and coffee percolators; apparatus for keeping food and beverages warm; electric beverage warmer; coffee roasting machines; electric milk warmer; electric coffee semi-automatic and fully automatic machines; apparatus for heating and foaming of milk; apparatus for cooling food and beverages; parts and accessories for all the aforesaid goods, included in this class; electric beverage cooler; electric milk cooler; electric coffee filter apparatus being coffee filters not of paper being part of electric coffee makers; electric coffee machines and electric coffee percolators; coffee roasters; coffee roasting machines in the nature of coffee roasting ovens; electric semi-automatic and fully automatic coffee machines; electric coffee, tea and cocoa preparation machines for processing single-dose coffee, tea, cocoa, milk or milk powder or coffee-containing, tea-containing or cocoa-containing beverage powder, in particular in capsule or pad form
FINAL DESCRIPTION
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, apparatus for descaling water, electric kettles, water purifying units, for potable water for domestic, commercial or industrial use, electric yogurt makers, electric ice cream makers; apparatus for heating food and beverages; apparatus for keeping food and beverages warm; electric beverage warmer; electric milk warmer; apparatus for heating and foaming of milk; apparatus for cooling food and beverages; electric beverage cooler; electric milk cooler; electric coffee filter apparatus being coffee filters not of paper being part of electric coffee makers; electric coffee machines and electric coffee percolators; coffee roasters; coffee roasting machines in the nature of coffee roasting ovens; electric semi-automatic and fully automatic coffee machines; electric coffee, tea and cocoa preparation machines for processing single-dose coffee, tea, cocoa, milk or milk powder or coffee-containing, tea-containing or cocoa-containing beverage powder, in particular in capsule or pad form
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER DE3020191046
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Germany
       FOREIGN FILING DATE 04/12/2019
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 302019104967
       FOREIGN REGISTRATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Germany
       FOREIGN REGISTRATION
       DATE
05/06/2019
       FOREIGN EXPIRATION DATE 04/12/2029
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU0-5024512149-144856179_._MillyMooGermanTrademark_ResponseToOfficeAction_1859_035US.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0003.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0005.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
NO
GOODS AND/OR SERVICES SECTION (029) (current)
INTERNATIONAL CLASS 029
DESCRIPTION
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk; dairy products; dairy products and their substitutes; edible oils and fats; milk powder for food; non-alcoholic mixed milk drinks with predominantly milk content; whitener based on protein or vegetable; nut pastes
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER DE3020191046
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Germany
        FOREIGN FILING DATE 04/12/2019
GOODS AND/OR SERVICES SECTION (029) (proposed)
INTERNATIONAL CLASS 029
TRACKED TEXT DESCRIPTION
Meat, fish, poultry and game; Meat, fish, poultry and game, not live; meat extracts; preserved, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk; dairy products; dairy products and their substitutes, namely, dairy puddings, dairy desserts, chilled dairy desserts, dairy spreads, low-fat dairy spreads, dairy-based beverages, cream being dairy products, artificial cream, dairy-based dips, dairy-based whipped topping, dairy whiteners for beverages, coffee whiteners consisting principally of dairy products; dairy products and their substitutes; edible oils and fats; milk powder for food purposes; milk powder for food; non-alcoholic mixed milk drinks with predominantly milk content; coffee whitener based on protein or vegetable; whitener based on protein or vegetable; nut pastes, namely, hazelnut spreads, peanut spreads, cashew spreads, almond spreads, butter containing hazelnut, peanut butter, cashew butter, almond butter; nut pastes
FINAL DESCRIPTION
Meat, fish, poultry and game, not live; meat extracts; preserved, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk; dairy products and their substitutes, namely, dairy puddings, dairy desserts, chilled dairy desserts, dairy spreads, low-fat dairy spreads, dairy-based beverages, cream being dairy products, artificial cream, dairy-based dips, dairy-based whipped topping, dairy whiteners for beverages, coffee whiteners consisting principally of dairy products; edible oils and fats; milk powder for food purposes; non-alcoholic mixed milk drinks with predominantly milk content; coffee whitener based on protein or vegetable; nut pastes, namely, hazelnut spreads, peanut spreads, cashew spreads, almond spreads, butter containing hazelnut, peanut butter, cashew butter, almond butter
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER DE3020191046
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Germany
       FOREIGN FILING DATE 04/12/2019
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 302019104967
       FOREIGN REGISTRATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Germany
       FOREIGN REGISTRATION
       DATE
05/06/2019
       FOREIGN EXPIRATION DATE 04/12/2029
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU1-5024512149-144856179_._MillyMooGermanTrademark_ResponseToOfficeAction_1859_035US.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0006.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0007.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0008.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0009.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
NO
GOODS AND/OR SERVICES SECTION (030) (current)
INTERNATIONAL CLASS 030
DESCRIPTION
Coffee, tea, cocoa and substitutes therefor; sugar; sweet glazes and fillings and bee products for food purposes; rice; tapioca; sago; coffee substitutes; flour and preparations made from cereals; bread; fine bakery goods; fine confectionery; ice cream; honey; treacle; natural sweeteners, especially thaumatin; yeast, baking powder; salt; mustard; vinegar; sauces; spices; cooling ice; ice; ice cream, frozen yoghurt, sorbets; ice cream powder and preparations for making ice cream; fruit tea and herbal tea for non-medical purposes; chocolate; chocolate products; sweets; confectionery; chewing gum for non-medical purposes; coffee beverages; tea drinks; fruit tea drinks; cocoa beverages; drinking chocolate; caffeinated, tea-containing and cocoa-containing beverages; caffeine-containing, cocoa-containing and / or chocolate-containing beverage powders; nut nougat cream; cocoa paste
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER DE3020191046
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Germany
        FOREIGN FILING DATE 04/12/2019
GOODS AND/OR SERVICES SECTION (030) (proposed)
INTERNATIONAL CLASS 030
TRACKED TEXT DESCRIPTION
Coffee, tea, cocoa and substitutes therefor; sugar; sweet glazes and fillings and bee products for food purposes; sweet glazes, namely, sweet mirror glazes for baked goods and custard-based fillings for cakes and pies, and bee products for culinary purposes in the nature of honey; rice; tapioca; sago; coffee substitutes; flour and preparations made from cereals; flour and preparations made from cereals, namely, cereal bars, solid cereal preparations, namely breakfast cereals; semi-solid cereal preparations, namely processed cereals; fine bakery goods; bread; fine confectionery; fine bakery goods, namely, pastries; fine confectionery, namely, candy and chocolate; ice cream; honey; natural sweeteners, especially thaumatin; treacle; natural sweeteners, namely, thaumatin; yeast, baking powder; salt; mustard; vinegar; sauces; spices; cooling ice; ice cream, frozen yoghurt, sorbets; ice; ice cream powder and preparations for making ice cream; frozen yoghurt, sorbets; fruit tea and herbal tea for non-medical purposes; ice cream powder and preparations for making ice cream, namely, in the nature of mixes and powders; fruit tea and herbal tea for nonmedical purposes; chocolate products; chocolate; chocolate products in the nature of chocolate bars, chocolate candies, chocolate syrup; confectionery; sweets; confectionery made of sugar; coffee beverages; chewing gum for non-medical purposes; tea drinks; coffee based beverages; fruit tea drinks; tea drinks, namely, tea-based beverages; cocoa beverages; fruit tea drinks, namely, tea-based beverages with fruit flavoring; drinking chocolate; fruit Tea-based beverages; caffeinated, tea-containing and cocoa-containing beverages; cocoa-based beverages; caffeine-containing, cocoa-containing and / or chocolate-containing beverage powders; drinking chocolate, namely, chocolate-based beverages; nut nougat cream; caffeinated, tea-based beverages and cocoa-based beverages; cocoa paste; caffeine, cocoa, and chocolate based beverages in powder form; pastry cream, namely, nut nougat cream; cocoa spread
FINAL DESCRIPTION
Coffee, tea, cocoa and substitutes therefor; sugar; sweet glazes, namely, sweet mirror glazes for baked goods and custard-based fillings for cakes and pies, and bee products for culinary purposes in the nature of honey; rice; tapioca; sago; coffee substitutes; flour and preparations made from cereals, namely, cereal bars, solid cereal preparations, namely breakfast cereals; semi-solid cereal preparations, namely processed cereals; bread; fine bakery goods, namely, pastries; fine confectionery, namely, candy and chocolate; ice cream; honey; treacle; natural sweeteners, namely, thaumatin; yeast, baking powder; salt; mustard; vinegar; sauces; spices; cooling ice; ice; frozen yoghurt, sorbets; ice cream powder and preparations for making ice cream, namely, in the nature of mixes and powders; fruit tea and herbal tea for nonmedical purposes; chocolate; chocolate products in the nature of chocolate bars, chocolate candies, chocolate syrup; sweets; confectionery made of sugar; chewing gum for non-medical purposes; coffee based beverages; tea drinks, namely, tea-based beverages; fruit tea drinks, namely, tea-based beverages with fruit flavoring; fruit Tea-based beverages; cocoa-based beverages; drinking chocolate, namely, chocolate-based beverages; caffeinated, tea-based beverages and cocoa-based beverages; caffeine, cocoa, and chocolate based beverages in powder form; pastry cream, namely, nut nougat cream; cocoa spread
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER DE3020191046
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Germany
       FOREIGN FILING DATE 04/12/2019
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 302019104967
       FOREIGN REGISTRATION
       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
Germany
       FOREIGN REGISTRATION
       DATE
05/06/2019
       FOREIGN EXPIRATION DATE 04/12/2029
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU2-5024512149-144856179_._MillyMooGermanTrademark_ResponseToOfficeAction_1859_035US.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0010.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0011.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0012.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\429\88442987\xml1\ROA0013.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
NO
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The name shown in the mark does not identify a particular living individual.
ATTORNEY INFORMATION (current)
NAME Rebecca L. Wilson
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME THE DOBRUSIN LAW FIRM, P.C.
INTERNAL ADDRESS SUITE 210
STREET 29 WEST LAWRENCE STREET
CITY PONTIAC
STATE Michigan
POSTAL CODE 48342
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 248-292-2920
FAX 248-292-2910
EMAIL tmmail@patentco.com
ATTORNEY INFORMATION (proposed)
NAME Rebecca L. Wilson
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME THE DOBRUSIN LAW FIRM, P.C.
INTERNAL ADDRESS SUITE 210
STREET 29 WEST LAWRENCE STREET
CITY PONTIAC
STATE Michigan
POSTAL CODE 48342
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 248-292-2920
FAX 248-292-2910
EMAIL tmmail@patentco.com
CORRESPONDENCE INFORMATION (current)
NAME REBECCA L. WILSON
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tmmail@patentco.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Rebecca L. Wilson
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tmmail@patentco.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
SIGNATURE SECTION
DECLARATION SIGNATURE /Rebecca L. Wilson/
SIGNATORY'S NAME Rebecca L. Wilson
SIGNATORY'S POSITION Attorney of Record Michigan Bar Member
SIGNATORY'S PHONE NUMBER 248-292-2920
DATE SIGNED 02/21/2020
RESPONSE SIGNATURE /Rebecca L. Wilson/
SIGNATORY'S NAME Rebecca L. Wilson
SIGNATORY'S POSITION Attorney of Record Michigan Bar Member
SIGNATORY'S PHONE NUMBER 248-292-2920
DATE SIGNED 02/21/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Feb 21 15:22:24 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0200221152224881234-88442
987-710c4738fbbee72b27f1d
ae1dbfd9ec8f4c8fe4a81c4b7
45115e35a4c353bbbf-N/A-N/
A-20200221144856179867



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. 88442987 MILLY MOO (Stylized and/or with Design, see http://uspto.report/TM/88442987/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 011 for Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; equipment for cooking, heating, refrigerating and other food and beverage treatment equipment and apparatus; electric coffee filter apparatus, coffee machines and coffee percolators; coffee roasters; coffee roasting machines; electric coffee semi-automatic and fully automatic machines; electric coffee, tea and cocoa preparation machines for processing single-dose coffee, tea, cocoa, milk or milk powder or coffee-containing, tea-containing or cocoa-containing beverage powder, in particular in capsule or pad form; parts and accessories for all the aforesaid goods, included in this class
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number DE3020191046 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, apparatus for descaling water, electric kettles, water purifying units, for potable water for domestic, commercial or industrial use, electric yogurt makers, electric ice cream makers; equipment for cooking, heating, refrigerating and other food and beverage treatment equipment and apparatus; apparatus for heating food and beverages; electric coffee filter apparatus, coffee machines and coffee percolators; apparatus for keeping food and beverages warm; electric beverage warmer; coffee roasting machines; electric milk warmer; electric coffee semi-automatic and fully automatic machines; apparatus for heating and foaming of milk; apparatus for cooling food and beverages; parts and accessories for all the aforesaid goods, included in this class; electric beverage cooler; electric milk cooler; electric coffee filter apparatus being coffee filters not of paper being part of electric coffee makers; electric coffee machines and electric coffee percolators; coffee roasters; coffee roasting machines in the nature of coffee roasting ovens; electric semi-automatic and fully automatic coffee machines; electric coffee, tea and cocoa preparation machines for processing single-dose coffee, tea, cocoa, milk or milk powder or coffee-containing, tea-containing or cocoa-containing beverage powder, in particular in capsule or pad formClass 011 for Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, apparatus for descaling water, electric kettles, water purifying units, for potable water for domestic, commercial or industrial use, electric yogurt makers, electric ice cream makers; apparatus for heating food and beverages; apparatus for keeping food and beverages warm; electric beverage warmer; electric milk warmer; apparatus for heating and foaming of milk; apparatus for cooling food and beverages; electric beverage cooler; electric milk cooler; electric coffee filter apparatus being coffee filters not of paper being part of electric coffee makers; electric coffee machines and electric coffee percolators; coffee roasters; coffee roasting machines in the nature of coffee roasting ovens; electric semi-automatic and fully automatic coffee machines; electric coffee, tea and cocoa preparation machines for processing single-dose coffee, tea, cocoa, milk or milk powder or coffee-containing, tea-containing or cocoa-containing beverage powder, in particular in capsule or pad form
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number DE3020191046 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302019104967 registered 05/06/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-5024512149-144856179_._MillyMooGermanTrademark_ResponseToOfficeAction_1859_035US.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

Applicant proposes to amend the following:
Current: Class 029 for Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk; dairy products; dairy products and their substitutes; edible oils and fats; milk powder for food; non-alcoholic mixed milk drinks with predominantly milk content; whitener based on protein or vegetable; nut pastes
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number DE3020191046 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Meat, fish, poultry and game; Meat, fish, poultry and game, not live; meat extracts; preserved, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk; dairy products; dairy products and their substitutes, namely, dairy puddings, dairy desserts, chilled dairy desserts, dairy spreads, low-fat dairy spreads, dairy-based beverages, cream being dairy products, artificial cream, dairy-based dips, dairy-based whipped topping, dairy whiteners for beverages, coffee whiteners consisting principally of dairy products; dairy products and their substitutes; edible oils and fats; milk powder for food purposes; milk powder for food; non-alcoholic mixed milk drinks with predominantly milk content; coffee whitener based on protein or vegetable; whitener based on protein or vegetable; nut pastes, namely, hazelnut spreads, peanut spreads, cashew spreads, almond spreads, butter containing hazelnut, peanut butter, cashew butter, almond butter; nut pastesClass 029 for Meat, fish, poultry and game, not live; meat extracts; preserved, dried and cooked fruits and vegetables; jellies; jams; compotes; eggs; milk; dairy products and their substitutes, namely, dairy puddings, dairy desserts, chilled dairy desserts, dairy spreads, low-fat dairy spreads, dairy-based beverages, cream being dairy products, artificial cream, dairy-based dips, dairy-based whipped topping, dairy whiteners for beverages, coffee whiteners consisting principally of dairy products; edible oils and fats; milk powder for food purposes; non-alcoholic mixed milk drinks with predominantly milk content; coffee whitener based on protein or vegetable; nut pastes, namely, hazelnut spreads, peanut spreads, cashew spreads, almond spreads, butter containing hazelnut, peanut butter, cashew butter, almond butter
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number DE3020191046 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302019104967 registered 05/06/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-5024512149-144856179_._MillyMooGermanTrademark_ResponseToOfficeAction_1859_035US.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

Applicant proposes to amend the following:
Current: Class 030 for Coffee, tea, cocoa and substitutes therefor; sugar; sweet glazes and fillings and bee products for food purposes; rice; tapioca; sago; coffee substitutes; flour and preparations made from cereals; bread; fine bakery goods; fine confectionery; ice cream; honey; treacle; natural sweeteners, especially thaumatin; yeast, baking powder; salt; mustard; vinegar; sauces; spices; cooling ice; ice; ice cream, frozen yoghurt, sorbets; ice cream powder and preparations for making ice cream; fruit tea and herbal tea for non-medical purposes; chocolate; chocolate products; sweets; confectionery; chewing gum for non-medical purposes; coffee beverages; tea drinks; fruit tea drinks; cocoa beverages; drinking chocolate; caffeinated, tea-containing and cocoa-containing beverages; caffeine-containing, cocoa-containing and / or chocolate-containing beverage powders; nut nougat cream; cocoa paste
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number DE3020191046 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Coffee, tea, cocoa and substitutes therefor; sugar; sweet glazes and fillings and bee products for food purposes; sweet glazes, namely, sweet mirror glazes for baked goods and custard-based fillings for cakes and pies, and bee products for culinary purposes in the nature of honey; rice; tapioca; sago; coffee substitutes; flour and preparations made from cereals; flour and preparations made from cereals, namely, cereal bars, solid cereal preparations, namely breakfast cereals; semi-solid cereal preparations, namely processed cereals; fine bakery goods; bread; fine confectionery; fine bakery goods, namely, pastries; fine confectionery, namely, candy and chocolate; ice cream; honey; natural sweeteners, especially thaumatin; treacle; natural sweeteners, namely, thaumatin; yeast, baking powder; salt; mustard; vinegar; sauces; spices; cooling ice; ice cream, frozen yoghurt, sorbets; ice; ice cream powder and preparations for making ice cream; frozen yoghurt, sorbets; fruit tea and herbal tea for non-medical purposes; ice cream powder and preparations for making ice cream, namely, in the nature of mixes and powders; fruit tea and herbal tea for nonmedical purposes; chocolate products; chocolate; chocolate products in the nature of chocolate bars, chocolate candies, chocolate syrup; confectionery; sweets; confectionery made of sugar; coffee beverages; chewing gum for non-medical purposes; tea drinks; coffee based beverages; fruit tea drinks; tea drinks, namely, tea-based beverages; cocoa beverages; fruit tea drinks, namely, tea-based beverages with fruit flavoring; drinking chocolate; fruit Tea-based beverages; caffeinated, tea-containing and cocoa-containing beverages; cocoa-based beverages; caffeine-containing, cocoa-containing and / or chocolate-containing beverage powders; drinking chocolate, namely, chocolate-based beverages; nut nougat cream; caffeinated, tea-based beverages and cocoa-based beverages; cocoa paste; caffeine, cocoa, and chocolate based beverages in powder form; pastry cream, namely, nut nougat cream; cocoa spreadClass 030 for Coffee, tea, cocoa and substitutes therefor; sugar; sweet glazes, namely, sweet mirror glazes for baked goods and custard-based fillings for cakes and pies, and bee products for culinary purposes in the nature of honey; rice; tapioca; sago; coffee substitutes; flour and preparations made from cereals, namely, cereal bars, solid cereal preparations, namely breakfast cereals; semi-solid cereal preparations, namely processed cereals; bread; fine bakery goods, namely, pastries; fine confectionery, namely, candy and chocolate; ice cream; honey; treacle; natural sweeteners, namely, thaumatin; yeast, baking powder; salt; mustard; vinegar; sauces; spices; cooling ice; ice; frozen yoghurt, sorbets; ice cream powder and preparations for making ice cream, namely, in the nature of mixes and powders; fruit tea and herbal tea for nonmedical purposes; chocolate; chocolate products in the nature of chocolate bars, chocolate candies, chocolate syrup; sweets; confectionery made of sugar; chewing gum for non-medical purposes; coffee based beverages; tea drinks, namely, tea-based beverages; fruit tea drinks, namely, tea-based beverages with fruit flavoring; fruit Tea-based beverages; cocoa-based beverages; drinking chocolate, namely, chocolate-based beverages; caffeinated, tea-based beverages and cocoa-based beverages; caffeine, cocoa, and chocolate based beverages in powder form; pastry cream, namely, nut nougat cream; cocoa spread
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number DE3020191046 filed 04/12/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Germany registration number 302019104967 registered 05/06/2019 with a renewal date of __________ and an expiration date of 04/12/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-5024512149-144856179_._MillyMooGermanTrademark_ResponseToOfficeAction_1859_035US.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: K-fee System GmbH a(n) gmbh & co. kg, legally organized under the laws of Germany, having an address of
      Senefelderstr. 44
      Bergisch Gladbach, 51469
      Germany

Proposed: K-fee System GmbH, gmbh & co. kg legally organized under the laws of Germany, having an address of
      Senefelderstr. 44
      Bergisch Gladbach, 51469
      Germany
      Email Address: XXXX

The owner's/holder's current attorney information: Rebecca L. Wilson. Rebecca L. Wilson of THE DOBRUSIN LAW FIRM, P.C., is located at

      SUITE 210
      29 WEST LAWRENCE STREET
      PONTIAC, Michigan 48342
      United States
      The phone number is 248-292-2920.
      The fax number is 248-292-2910.
      The email address is tmmail@patentco.com

The owner's/holder's proposed attorney information: Rebecca L. Wilson. Rebecca L. Wilson of THE DOBRUSIN LAW FIRM, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 210
      29 WEST LAWRENCE STREET
      PONTIAC, Michigan 48342
      United States
      The phone number is 248-292-2920.
      The fax number is 248-292-2910.
      The email address is tmmail@patentco.com

Rebecca L. Wilson 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.Correspondence Information (current):
      REBECCA L. WILSON
      PRIMARY EMAIL FOR CORRESPONDENCE: tmmail@patentco.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Rebecca L. Wilson
      PRIMARY EMAIL FOR CORRESPONDENCE: tmmail@patentco.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Miscellaneous Statement
The name shown in the mark does not identify a particular living individual.


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: /Rebecca L. Wilson/      Date: 02/21/2020
Signatory's Name: Rebecca L. Wilson
Signatory's Position: Attorney of Record Michigan Bar Member
Signatory's Phone Number: 248-292-2920


Response Signature
Signature: /Rebecca L. Wilson/     Date: 02/21/2020
Signatory's Name: Rebecca L. Wilson
Signatory's Position: Attorney of Record Michigan Bar Member

Signatory's Phone Number: 248-292-2920

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:    REBECCA L. WILSON
   THE DOBRUSIN LAW FIRM, P.C.
   SUITE 210
   29 WEST LAWRENCE STREET
   PONTIAC, Michigan 48342
Mailing Address:    Rebecca L. Wilson
   THE DOBRUSIN LAW FIRM, P.C.
   SUITE 210
   29 WEST LAWRENCE STREET
   PONTIAC, Michigan 48342
        
Serial Number: 88442987
Internet Transmission Date: Fri Feb 21 15:22:24 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020022115222488
1234-88442987-710c4738fbbee72b27f1dae1db
fd9ec8f4c8fe4a81c4b745115e35a4c353bbbf-N
/A-N/A-20200221144856179867


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