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 |
88455173 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88455173/mark.png |
| LITERAL ELEMENT |
OATIES |
| 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_2161710168-20200127151348133181_._OATIES_Office_Action_Response.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\551\88455173\xml6\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\884\551\88455173\xml6\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\884\551\88455173\xml6\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\884\551\88455173\xml6\ROA0005.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Applicant's arguments regarding the Examiner's Merely Descriptive Refusal under Section 2(e)(1). |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
030 |
| DESCRIPTION |
| Grain-based breakfast and snack foods; oatmeal-based breakfast and snack foods; breakfast and snack foods consisting primarily of
grains, grains and fruit, or grains and chocolate chips; grain-based breakfast and snack bars; oatmeal-based breakfast and snack bars |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 05/19/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/19/2019 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
030 |
| TRACKED TEXT DESCRIPTION |
Grain-based breakfast foods, namely, cereal bars and French toast sticks, and grain-based snack
foods; oatmeal-based breakfast and snack foods; oatmeal-based breakfast foods, namely, cereal bars and French toast
sticks, and grain-based snack foods; breakfast and snack foods consisting primarily of grains, grains and fruit, or grains and chocolate chips;
breakfast foods consisting of grains, grains and fruit, or grains and chocolate chips, namely, cereal bars and French toast sticks, and snack foods consisting of
grains, grains and fruit, or grains and chocolate chips; grain-based breakfast and snack foods; grain-based breakfast and snack bars;
oatmeal-based breakfast and snack bars |
| FINAL DESCRIPTION |
| Grain-based breakfast foods, namely, cereal bars and French toast sticks, and grain-based snack foods; oatmeal-based breakfast foods,
namely, cereal bars and French toast sticks, and grain-based snack foods; breakfast foods consisting of grains, grains and fruit, or grains and chocolate chips, namely, cereal bars and French toast
sticks, and snack foods consisting of grains, grains and fruit, or grains and chocolate chips; grain-based breakfast and snack foods; grain-based breakfast and snack bars; oatmeal-based breakfast and
snack bars |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 05/19/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/19/2019 |
| ATTORNEY SECTION (current) |
| NAME |
Amanda Roach |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
AMIN TALATI UPADHYE LLP |
| STREET |
100 S. WACKER DRIVE, SUITE 2000 |
| CITY |
CHICAGO |
| STATE |
Illinois |
| POSTAL CODE |
60606 |
| COUNTRY |
US |
| PHONE |
312-466-3328 |
| FAX |
312-884-7352 |
| EMAIL |
trademark@amintalati.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
DRP-0028-US |
| ATTORNEY SECTION (proposed) |
| NAME |
Amanda Roach |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
Amin Talati Wasserman LLP |
| STREET |
100 S. Wacker Drive, Suite 2000 |
| CITY |
Chicago |
| STATE |
Illinois |
| POSTAL CODE |
60606 |
| COUNTRY |
United States |
| PHONE |
3123273328 |
| FAX |
312-884-7352 |
| EMAIL |
trademark@amintalati.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
DRP-0028-US |
| OTHER APPOINTED ATTORNEY |
Ashley Rovner-Watson, Angela Kalsi, Brett Manchel, Yuliya Patlata |
| CORRESPONDENCE SECTION (current) |
| NAME |
Amanda Roach |
| FIRM NAME |
AMIN TALATI UPADHYE LLP |
| STREET |
100 S. WACKER DRIVE, SUITE 2000 |
| CITY |
CHICAGO |
| STATE |
Illinois |
| POSTAL CODE |
60606 |
| COUNTRY |
US |
| PHONE |
312-466-3328 |
| FAX |
312-884-7352 |
| EMAIL |
trademark@amintalati.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
DRP-0028-US |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Amanda Roach |
| FIRM NAME |
Amin Talati Wasserman LLP |
| STREET |
100 S. Wacker Drive, Suite 2000 |
| CITY |
Chicago |
| STATE |
Illinois |
| POSTAL CODE |
60606 |
| COUNTRY |
United States |
| PHONE |
3123273328 |
| FAX |
312-884-7352 |
| EMAIL |
trademark@amintalati.com; amanda@amintalati.com; ashley@amintalati.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
DRP-0028-US |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Ashley Rovner-Watson/ |
| SIGNATORY'S NAME |
Ashley Rovner-Watson |
| SIGNATORY'S POSITION |
Attorney of Record, Illinois Bar Member |
| SIGNATORY'S PHONE NUMBER |
3127841071 |
| DATE SIGNED |
01/27/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Jan 27 15:21:49 EST 2020 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0200127152149727247-88455
173-7009844e54e678f17f3eb
57e783e6df1deabb6451ab653
ea38d495ce5438b21-N/A-N/A
-20200127151348133181 |
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.
88455173 OATIES(Standard Characters, see http://uspto.report/TM/88455173/mark.png) has been amended as follows:
EVIDENCE
Evidence in the nature of Applicant's arguments regarding the Examiner's Merely Descriptive Refusal under Section 2(e)(1). has been attached.
Original PDF file:
evi_2161710168-20200127151348133181_._OATIES_Office_Action_Response.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Grain-based breakfast and snack foods; oatmeal-based breakfast and snack foods; breakfast and snack foods consisting primarily of grains, grains and fruit, or grains and
chocolate chips; grain-based breakfast and snack bars; oatmeal-based breakfast and snack bars
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/19/2019 and first used in commerce at least as early as 05/19/2019 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Grain-based breakfast foods, namely, cereal bars and French toast sticks, and grain-based snack foods;
oatmeal-based breakfast and snack foods;
oatmeal-based breakfast foods, namely, cereal bars and French toast sticks, and grain-based snack foods;
breakfast and snack foods consisting primarily of grains, grains and fruit, or grains and chocolate chips;
breakfast foods
consisting of grains, grains and fruit, or grains and chocolate chips, namely, cereal bars and French toast sticks, and snack foods consisting of grains, grains and fruit, or grains and chocolate
chips;
grain-based breakfast and snack foods;
grain-based breakfast and snack bars;
oatmeal-based breakfast and snack
barsClass 030 for Grain-based breakfast foods, namely, cereal bars and French toast sticks, and grain-based snack foods; oatmeal-based breakfast foods, namely, cereal bars and French toast
sticks, and grain-based snack foods; breakfast foods consisting of grains, grains and fruit, or grains and chocolate chips, namely, cereal bars and French toast sticks, and snack foods consisting of
grains, grains and fruit, or grains and chocolate chips; grain-based breakfast and snack foods; grain-based breakfast and snack bars; oatmeal-based breakfast and snack bars
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/19/2019 and first used in commerce at least as early as 05/19/2019 , and
is now in use in such commerce.
The applicant's current attorney information: Amanda Roach. Amanda Roach of AMIN TALATI UPADHYE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located
at
100 S. WACKER DRIVE, SUITE 2000
CHICAGO, Illinois 60606
US
The docket/reference number is DRP-0028-US.
The phone number is 312-466-3328.
The fax number is 312-884-7352.
The email address is trademark@amintalati.com
The applicants proposed attorney information: Amanda Roach. Other appointed attorneys are Ashley Rovner-Watson, Angela Kalsi, Brett Manchel, Yuliya Patlata. Amanda Roach of Amin Talati Wasserman
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
100 S. Wacker Drive, Suite 2000
Chicago, Illinois 60606
United States
The docket/reference number is DRP-0028-US.
The phone number is 3123273328.
The fax number is 312-884-7352.
The email address is trademark@amintalati.com
Amanda Roach 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: Amanda Roach. Amanda Roach of AMIN TALATI UPADHYE LLP, is located at
100 S. WACKER DRIVE, SUITE 2000
CHICAGO, Illinois 60606
US
The docket/reference number is DRP-0028-US.
The phone number is 312-466-3328.
The fax number is 312-884-7352.
The email address is trademark@amintalati.com
The applicants proposed correspondence information: Amanda Roach. Amanda Roach of Amin Talati Wasserman LLP, is located at
100 S. Wacker Drive, Suite 2000
Chicago, Illinois 60606
United States
The docket/reference number is DRP-0028-US.
The phone number is 3123273328.
The fax number is 312-884-7352.
The email address is trademark@amintalati.com; amanda@amintalati.com; ashley@amintalati.com
SIGNATURE(S)
Response Signature
Signature: /Ashley Rovner-Watson/ Date: 01/27/2020
Signatory's Name: Ashley Rovner-Watson
Signatory's Position: Attorney of Record, Illinois Bar Member
Signatory's Phone Number: 3127841071
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: Amanda Roach
AMIN TALATI UPADHYE LLP
100 S. WACKER DRIVE, SUITE 2000
CHICAGO, Illinois 60606
Mailing Address: Amanda Roach
Amin Talati Wasserman LLP
100 S. Wacker Drive, Suite 2000
Chicago, Illinois 60606
Serial Number: 88455173
Internet Transmission Date: Mon Jan 27 15:21:49 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2020012715214972
7247-88455173-7009844e54e678f17f3eb57e78
3e6df1deabb6451ab653ea38d495ce5438b21-N/
A-N/A-20200127151348133181
