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