Response to Office Action

GARDEN GOURMET

Société des Produits Nestlé S.A.

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 88445804
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK http://uspto.report/TM/88445804/mark.png
LITERAL ELEMENT GARDEN GOURMET
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_6323611269-20200206223431481985_._Response_to_Office_Action_-_GARDEN_GOURMET.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\458\88445804\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\458\88445804\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\458\88445804\xml4\ROA0004.JPG
GOODS AND/OR SERVICES SECTION (029)(current)
INTERNATIONAL CLASS 029
DESCRIPTION
Preserved vegetables; frozen vegetables; dried vegetables; cooked vegetables; preserved fruits, frozen fruits, dried fruits; cooked fruits; foods prepared from cereal protein-based meat substitutes; food spreads prepared from vegetables; food spreads prepared from fruits; food spreads prepared from grain protein; 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; soy bean-based meat substitute; vegetarian foods for consumption based on soybeans, vegetarian foods for consumption based on beans; Meat substitutes based on vegetables, Meat substitutes based on mushrooms, Meat substitutes based on beans; protein prepared from milk for human consumption; Hummus; hummus-based salads; hummus-based spreads; vegetable salad; fruit salad; Preparations for making soups, soups
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (029)(proposed)
INTERNATIONAL CLASS 029
TRACKED TEXT DESCRIPTION
Preserved vegetables; Protein-based meat substitutes; frozen vegetables; 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; dried vegetables; prepared meals consisting mainly of soy bean-based meat substitutes; cooked vegetables; Prepared meals consisting mainly of meat substitutes prepared from mushroom; preserved fruits, frozen fruits, dried fruits; Prepared meals consisting mainly of meat substitutes prepared from soybean; cooked fruits; Prepared meals consisting mainly of meat substitutes prepared from beans; foods prepared from cereal protein-based meat substitutes; Prepared meals consisting mainly of meat substitutes prepared from vegetables; food spreads prepared from vegetables; vegetarian foods for consumption based on vegetables, namely, vegetarian sausages, vegetable-based meat substitutes; food spreads prepared from fruits; soy bean-based meat substitute; food spreads prepared from grain protein; 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; vegetarian foods for consumption based on vegetables; vegetarian foods for consumption based on soybeans, vegetarian foods for consumption based on beans; protein prepared from milk for human consumption; Hummus; hummus-based salads; hummus-based spreads; vegetable salad; fruit salad; Preparations for making soups, soups
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (030)(current)
INTERNATIONAL CLASS 030
DESCRIPTION
Starters mainly made from pasta; starters mainly prepared from cereals, starters mainly prepared from flour, starters mainly prepared from tapioca; Pasta; chocolate dips, cocoa dips, honey dips; Sauces (spices), dressing for salads; dipping sauces
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (030)(proposed)
INTERNATIONAL CLASS 030
TRACKED TEXT DESCRIPTION
Starters mainly made from pasta; Frozen, prepared, and packaged starters mainly made from pasta; starters mainly prepared from cereals, starters mainly prepared from flour, starters mainly prepared from tapioca; Frozen, prepared, and packaged starters mainly prepared from cereals; starters mainly prepared from flour, namely, bread, dough, pizza; chocolate dips, cocoa dips, honey dips; starters mainly prepared from tapioca, namely, tapioca bread, tapioca fritters, savory tapioca; Sauces (spices), dressing for salads; Pasta; dipping sauces; 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
FINAL DESCRIPTION
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;
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use "GOURMET" apart from the mark as shown.
ATTORNEY SECTION (current)
NAME Catherine C. Miller
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME HOLLAND & HART LLP
INTERNAL ADDRESS ATTN: TRADEMARK DOCKETING
STREET P.O. BOX 8749
CITY DENVER
STATE Colorado
POSTAL CODE 80201-8749
COUNTRY US
PHONE 303-245-2092
EMAIL docket@hollandhart.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 82145.2595
ATTORNEY SECTION (proposed)
NAME Catherine C. Miller
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME HOLLAND & HART LLP
INTERNAL ADDRESS ATTN: TRADEMARK DOCKETING
STREET P.O. BOX 8749
CITY DENVER
STATE Colorado
POSTAL CODE 80201-8749
COUNTRY United States
PHONE 303-245-2092
EMAIL docket@hollandhart.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 82145.2595
OTHER APPOINTED ATTORNEY all other attorneys of Holland & Hart LLP
CORRESPONDENCE SECTION (current)
NAME CATHERINE C. MILLER
FIRM NAME HOLLAND & HART LLP
INTERNAL ADDRESS ATTN: TRADEMARK DOCKETING
STREET P.O. BOX 8749
CITY DENVER
STATE Colorado
POSTAL CODE 80201-8749
COUNTRY US
PHONE 303-245-2092
EMAIL docket@hollandhart.com; ccmiller@hollandhart.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 82145.2595
CORRESPONDENCE SECTION (proposed)
NAME Catherine C. Miller
FIRM NAME HOLLAND & HART LLP
INTERNAL ADDRESS ATTN: TRADEMARK DOCKETING
STREET P.O. BOX 8749
CITY DENVER
STATE Colorado
POSTAL CODE 80201-8749
COUNTRY United States
PHONE 303-245-2092
EMAIL docket@hollandhart.com; ccmiller@hollandhart.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 82145.2595
SIGNATURE SECTION
RESPONSE SIGNATURE /Catherine C. Miller/
SIGNATORY'S NAME Catherine C. Miller
SIGNATORY'S POSITION Attorney for Applicant, Colorado bar member
SIGNATORY'S PHONE NUMBER 303-245-2092
DATE SIGNED 02/07/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Feb 07 10:18:12 EST 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0200207101812143936-88445
804-70046f3fec553daed34a4
f630c7f473491e8d13ea1ad6a
27c315130399888ba434a-N/A
-N/A-20200206223431481985



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. 88445804 GARDEN GOURMET(Standard Characters, see http://uspto.report/TM/88445804/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_6323611269-20200206223431481985_._Response_to_Office_Action_-_GARDEN_GOURMET.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Preserved vegetables; frozen vegetables; dried vegetables; cooked vegetables; preserved fruits, frozen fruits, dried fruits; cooked fruits; foods prepared from cereal protein-based meat substitutes; food spreads prepared from vegetables; food spreads prepared from fruits; food spreads prepared from grain protein; 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; soy bean-based meat substitute; vegetarian foods for consumption based on soybeans, vegetarian foods for consumption based on beans; Meat substitutes based on vegetables, Meat substitutes based on mushrooms, Meat substitutes based on beans; protein prepared from milk for human consumption; Hummus; hummus-based salads; hummus-based spreads; vegetable salad; fruit salad; Preparations for making soups, soups
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: Preserved vegetables; Protein-based meat substitutes; frozen vegetables; 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; dried vegetables; prepared meals consisting mainly of soy bean-based meat substitutes; cooked vegetables; Prepared meals consisting mainly of meat substitutes prepared from mushroom; preserved fruits, frozen fruits, dried fruits; Prepared meals consisting mainly of meat substitutes prepared from soybean; cooked fruits; Prepared meals consisting mainly of meat substitutes prepared from beans; foods prepared from cereal protein-based meat substitutes; Prepared meals consisting mainly of meat substitutes prepared from vegetables; food spreads prepared from vegetables; vegetarian foods for consumption based on vegetables, namely, vegetarian sausages, vegetable-based meat substitutes; food spreads prepared from fruits; soy bean-based meat substitute; food spreads prepared from grain protein; 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; vegetarian foods for consumption based on vegetables; vegetarian foods for consumption based on soybeans, vegetarian foods for consumption based on beans; protein prepared from milk for human consumption; Hummus; hummus-based salads; hummus-based spreads; vegetable salad; fruit salad; Preparations for making soups, soupsClass 029 for 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
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 Starters mainly made from pasta; starters mainly prepared from cereals, starters mainly prepared from flour, starters mainly prepared from tapioca; Pasta; chocolate dips, cocoa dips, honey dips; Sauces (spices), dressing for salads; dipping sauces
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: Starters mainly made from pasta; Frozen, prepared, and packaged starters mainly made from pasta; starters mainly prepared from cereals, starters mainly prepared from flour, starters mainly prepared from tapioca; Frozen, prepared, and packaged starters mainly prepared from cereals; starters mainly prepared from flour, namely, bread, dough, pizza; chocolate dips, cocoa dips, honey dips; starters mainly prepared from tapioca, namely, tapioca bread, tapioca fritters, savory tapioca; Sauces (spices), dressing for salads; Pasta; dipping sauces; 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 proteinClass 030 for 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;
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: Catherine C. Miller. Catherine C. Miller of HOLLAND & HART LLP, is located at

      ATTN: TRADEMARK DOCKETING
      P.O. BOX 8749
      DENVER, Colorado 80201-8749
      US
The docket/reference number is 82145.2595.

The phone number is 303-245-2092.

The email address is docket@hollandhart.com

The applicants proposed attorney information: Catherine C. Miller. Other appointed attorneys are all other attorneys of Holland & Hart LLP. Catherine C. Miller of HOLLAND & HART LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      ATTN: TRADEMARK DOCKETING
      P.O. BOX 8749
      DENVER, Colorado 80201-8749
      United States
The docket/reference number is 82145.2595.

The phone number is 303-245-2092.

The email address is docket@hollandhart.com

Catherine C. Miller 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: CATHERINE C. MILLER. CATHERINE C. MILLER of HOLLAND & HART LLP, is located at

      ATTN: TRADEMARK DOCKETING
      P.O. BOX 8749
      DENVER, Colorado 80201-8749
      US
The docket/reference number is 82145.2595.

The phone number is 303-245-2092.

The email address is docket@hollandhart.com; ccmiller@hollandhart.com

The applicants proposed correspondence information: Catherine C. Miller. Catherine C. Miller of HOLLAND & HART LLP, is located at

      ATTN: TRADEMARK DOCKETING
      P.O. BOX 8749
      DENVER, Colorado 80201-8749
      United States
The docket/reference number is 82145.2595.

The phone number is 303-245-2092.

The email address is docket@hollandhart.com; ccmiller@hollandhart.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "GOURMET" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Catherine C. Miller/     Date: 02/07/2020
Signatory's Name: Catherine C. Miller
Signatory's Position: Attorney for Applicant, Colorado bar member

Signatory's Phone Number: 303-245-2092

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:    CATHERINE C. MILLER
   HOLLAND & HART LLP
   ATTN: TRADEMARK DOCKETING
   P.O. BOX 8749
   DENVER, Colorado 80201-8749
Mailing Address:    Catherine C. Miller
   HOLLAND & HART LLP
   ATTN: TRADEMARK DOCKETING
   P.O. BOX 8749
   DENVER, Colorado 80201-8749
        
Serial Number: 88445804
Internet Transmission Date: Fri Feb 07 10:18:12 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020020710181214
3936-88445804-70046f3fec553daed34a4f630c
7f473491e8d13ea1ad6a27c315130399888ba434
a-N/A-N/A-20200206223431481985


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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