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)

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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. 88475857 EMPRESS(Standard Characters, see http://uspto.report/TM/88475857/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for Metal foils for packaging and wrapping; Aluminum foil; Metal towel dispensers; Metal napkin dispensers
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 07/00/2016 and first used in commerce at least as early as 07/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Metal foils for packaging and wrapping; Aluminum foil; Metal towel dispensers; Metal napkin dispensers; Fixed metal napkin dispensersClass 006 for Metal foils for packaging and wrapping; Aluminum foil; Metal towel dispensers; Fixed metal napkin dispensers
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 07/00/2016 and first used in commerce at least as early as 07/00/2016 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Plastic cutlery, namely, knives, forks, and spoons; Disposable place setting kits consisting of plastic flatware and napkins; Disposable cutlery, namely, plastic cutlery
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 03/00/2016 and first used in commerce at least as early as 03/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Plastic cutlery, namely, knives, forks, and spoons; Disposable place setting kits consisting of plastic flatware and napkins; Disposable cutlery, namely, plastic cutlery; Disposable plastic cutlery, namely, knives, forks and spoonsClass 008 for Plastic cutlery, namely, knives, forks, and spoons; Disposable place setting kits consisting of plastic flatware and napkins; Disposable plastic cutlery, namely, knives, forks and spoons
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 03/00/2016 and first used in commerce at least as early as 03/00/2016 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Paper towels; Paper napkins; Tissue paper; Paper and cardboard packaging containers for food and beverages; Packaging containers made of paper or cardboard; Paper trays for the food industry; Food wrapping plastic film; Plastic films used as packaging for food; Paper toilet seat covers
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 03/00/2016 and first used in commerce at least as early as 03/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Paper towels; Paper napkins; Tissue paper; Paper and cardboard packaging containers for food and beverages; Packaging containers made of paper or cardboard; Paper trays for the food industry; Paper trays for food packaging for the food industry; Food wrapping plastic film; Plastic films used as packaging for food; Paper toilet seat coversClass 016 for Paper towels; Paper napkins; Tissue paper; Paper and cardboard packaging containers for food and beverages; Packaging containers made of paper or cardboard; Paper trays for food packaging for the food industry; Food wrapping plastic film; Plastic films used as packaging for food; Paper toilet seat covers
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 03/00/2016 and first used in commerce at least as early as 03/00/2016 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Plastic containers and covers for the food industry; Plastic trays for the food industry; Nonmetal towel dispensers; Nonmetal napkin dispensers
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 03/00/2016 and first used in commerce at least as early as 03/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Plastic containers and covers for the food industry; Plastic trays for the food industry; Plastic trays for foodstuff packaging for the food industry; Nonmetal towel dispensers; Fixed nonmetal towel dispensers; Nonmetal napkin dispensers; Fixed nonmetal napkin dispensersClass 020 for Plastic containers and covers for the food industry; Plastic trays for foodstuff packaging for the food industry; Fixed nonmetal towel dispensers; Fixed nonmetal napkin dispensers
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 03/00/2016 and first used in commerce at least as early as 03/00/2016 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Paper plates; Food plates, bowls, and containers of bagasse and molded plant fiber; Plastic cups and cup lids; Paper cups; Insulating sleeve holders for beverage cups; Drinking straws; Beverage stirrers; Foodservice pans and containers of metal foil; Insulated containers for food or beverages; Paper dispensers, namely, for paper towels and tissues; Toilet paper dispensers; Disposable plastic gloves for use in the food service industry
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 03/00/2016 and first used in commerce at least as early as 03/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Paper plates; Food plates, bowls, and containers of bagasse and molded plant fiber; Food plates and bowls made from bagasse and molded plant fiber; Plastic cups and cup lids; Paper cups; Insulating sleeve holders for beverage cups; Drinking straws; Beverage stirrers; Foodservice pans and containers of metal foil; Foodservice pans and foodservice containers of metal foil; Insulated containers for food or beverages; Paper dispensers, namely, for paper towels and tissues; Paper towel dispensers for foodservice use; Toilet paper dispensers; Disposable plastic gloves for use in the food service industry; nonmetal napkin holdersClass 021 for Paper plates; Food plates and bowls made from bagasse and molded plant fiber; Plastic cups and cup lids; Paper cups; Insulating sleeve holders for beverage cups; Drinking straws; Beverage stirrers; Foodservice pans and foodservice containers of metal foil; Insulated containers for food or beverages; Paper towel dispensers for foodservice use; Toilet paper dispensers; Disposable plastic gloves for use in the food service industry; nonmetal napkin holders
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 03/00/2016 and first used in commerce at least as early as 03/00/2016 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Coffee; Sugar; Coffee condiment kits consisting of sugar and/or sugar substitutes, powdered non-dairy creamer, and stirrers
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 02/00/2016 and first used in commerce at least as early as 02/00/2016 , and is now in use in such commerce.

Proposed: Class 030 for Coffee; Sugar; Coffee condiment kits consisting of sugar and/or sugar substitutes, powdered non-dairy creamer, and stirrers
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 02/00/2016 and first used in commerce at least as early as 02/00/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 030 . The specimen(s) submitted consists of Packaging for the goods bearing the mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

The applicant's current attorney information: Craig A. Fieschko. Craig A. Fieschko of DEWITT LLP, is located at

      2 E. MIFFLIN STREET, SUITE 600
      MADISON, Wisconsin 53703
      US
The docket/reference number is 43933033.

The phone number is 608-395-6722.

The fax number is 6082529243.

The email address is cftm@dewittllp.com

The applicants proposed attorney information: Craig A. Fieschko. Other appointed attorneys are Craig Fieschko. Craig A. Fieschko of DeWitt 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

      2 E. Mifflin St. #600
      Madison, Wisconsin 53703
      United States
The docket/reference number is 43933033.

The phone number is 608-395-6722.

The fax number is 6082529243.

The email address is cftm@dewittllp.com

Craig A. Fieschko 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: CRAIG A. FIESCHKO. CRAIG A. FIESCHKO of DEWITT LLP, is located at

      2 E. MIFFLIN STREET, SUITE 600
      MADISON, Wisconsin 53703
      US
The docket/reference number is 43933033.

The phone number is 608-395-6722.

The fax number is 6082529243.

The email address is cftm@dewittllp.com

The applicants proposed correspondence information: Craig A. Fieschko. Craig A. Fieschko of DeWitt LLP, is located at

      2 E. Mifflin St. #600
      Madison, Wisconsin 53703
      United States
The docket/reference number is 43933033.

The phone number is 608-395-6722.

The fax number is 6082529243.

The email address is cftm@dewittllp.com

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: /craigfieschko/      Date: 09/27/2019
Signatory's Name: Craig A. Fieschko
Signatory's Position: Attorney for Application (WI Bar)
Signatory's Phone Number: 6083956722


Response Signature
Signature: /craigfieschko/     Date: 09/27/2019
Signatory's Name: Craig A. Fieschko
Signatory's Position: Attorney for Application (WI Bar)

Signatory's Phone Number: 6083956722

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:    CRAIG A. FIESCHKO
   DEWITT LLP
   
   2 E. MIFFLIN STREET, SUITE 600
   MADISON, Wisconsin 53703
Mailing Address:    Craig A. Fieschko
   DeWitt LLP
   2 E. Mifflin St. #600
   Madison, Wisconsin 53703
        
Serial Number: 88475857
Internet Transmission Date: Fri Sep 27 14:59:33 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019092714593389
8149-88475857-6102e8a3c24d2c4cd2721f1fbb
3f12ae26ce0da811559373b2d2b59b16972e3e9-
N/A-N/A-20190927144558828280