NOTE TO THE FILE
SERIAL NUMBER: 88445804
DATE: 03/02/2020
NAME: ccahill
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Changed TRADEUPS to:Dear Clare,
Thank you for your email. I authorize moving the goods “Foods prepared from cereal protein, namely, grain-based meat substitutes” from Class 30 to Class 29.
Best regards,
Catherine
Catherine C. MillerOf Counsel, Holland & Hart LLP
1800 Broadway, Suite 300, Boulder, CO 80302
T 303.245.2092
CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail.
From: Cahill, Clare <Clare.Cahill@USPTO.GOV>
Sent: Monday, March 2, 2020 10:04 AM
To: HH Docket <Docket@hollandhart.com>; Catherine C. Miller <CCMiller@hollandhart.com>
Subject: Trademark Application No. 88445804
Dear Ms. Miller,
I am the US Patent and Trademark Office attorney assigned to Trademark Application No. 88445804 for GARDEN GOURMET. I received your response to my Office action, and there is only remaining issue that I would like to resolve by Examiner’s Amendment if you approve.
The wording “Foods prepared from cereal protein, namely, grain-based meat substitutes” in Class 30 is misclassified because all meat substitutes are classified in Class 29. Accordingly, I suggest moving these goods from Class 30 to Class 29, as shown below:
Class 29: “Protein-based meat substitutes; food spreads of mushroom-based meat substitutes, food spreads of soybean-based meat substitutes, food spreads of vegetable-based meat substitutes, food spreads of bean-based meat substitutes; prepared meals consisting mainly of soy bean-based meat substitutes; Prepared meals consisting mainly of meat substitutes prepared from mushroom; Prepared meals consisting mainly of meat substitutes prepared from soybean; Prepared meals consisting mainly of meat substitutes prepared from beans; Prepared meals consisting mainly of meat substitutes prepared from vegetables; vegetarian foods for consumption based on vegetables, namely, vegetarian sausages, vegetable-based meat substitutes; soy bean-based meat substitute; vegetarian foods for consumption based on soybeans, namely, meat substitutes; vegetarian foods for consumption based on beans, namely, meat substitutes; Meat substitutes based on vegetables, Meat substitutes based on mushrooms, Meat substitutes based on beans; protein prepared from milk for human consumption, namely, protein milk; Foods prepared from cereal protein, namely, grain-based meat substitutes.”
Class 30: “Frozen, prepared, and packaged starters mainly made from pasta; Frozen, prepared, and packaged starters mainly prepared from cereals; starters mainly prepared from flour, namely, bread, dough, pizza; starters mainly prepared from tapioca, namely, tapioca bread, tapioca fritters, savory tapioca; Pasta; dipping sauces, namely, chocolate dips, cocoa dips, honey dips; dressing for salads;
Foods prepared from cereal protein, namely, grain-based meat substitutes;grain-based snack foods, namely, food spreads prepared from grain protein.”
Please let me know if you approve. This application is otherwise ready for publication.
Thanks,
Clare
Clare Cahill
Examining Attorney
Law Office 120
571-272-5218