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. 88475894 GWELL(Standard Characters, see http://uspto.report/TM/88475894/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 029 for Chocolate milk; Nut and seed-based snack bars; Nut butter substitutes made from edible seeds and grains; Nut butters; Nut butters, namely, all edible nuts; Nut cheese, namely, cheese-type product made from nuts; Nut meats; Nut milk; Nut oils for food; Nut topping; Nut- and dried fruit- based snack bars; Nut-based food bars; Nut-based snack bars; Nut-based snack foods; Nut-based snack foods, namely, nut clusters; Nut-based snack foods, namely, nut crisps; Nut-based spread also containing chocolate; Nut-based spreads; Nuts with flour-based coatings; Nuts with starch-based coatings; Betel nuts, processed; Blanched nuts; Caffeine-coated nuts; Candied nuts; Chopped nuts; Coffee-coated nuts; Dip mixes; Fig and date roll consisting of dried fruits, nuts, and spices; Flavored nuts; Flavoured nuts; Fruit- and nut-based snack bars featuring a chocolate coating; Fruit-based organic food bars, also containing nuts, spices, grains, seeds, flour, and other foods; Fruit-based organic food snacks also containing nuts, spices, grains, seeds, flour, and other foods; Milk-based beverages containing milk concentrates, vegetable oil and added nutrients; Milk-based beverages with chocolate; Non-fat, low-carbohydrate, high-protein dairy-based mix for making non-dessert foods, namely, powdered bean, seed, grain and vegetable flours; Organic nut and seed-based snack bars; Powdered nut butters; Powdered nut butters, namely, all edible nuts butter; Prepared nuts; Prepared nuts flavored with spices, seeds, herbs and other flavorings; Prepared macadamia nuts; Prepared pine nuts; Prepared torreya nuts; Processed nuts; Processed nuts, namely, all edible nuts; Processed betel nuts; Processed cashew nuts; Processed cola nuts; Processed fruit- and nut-based food bars; Processed kola nuts; Processed macadamia nuts; Processed pignoli pine nuts; Processed pine nuts; Roasted nuts; Roasted nuts, namely, all edible nuts; Salted cashews; Seasoned nuts; Shelled nuts; Snack mix consisting of dehydrated fruit and processed nuts; Snack mix consisting of wasabi peas, processed nuts, dehydrated fruit and/or raisins; Snack mix consisting primarily of dehydrated fruit and also including spices, grains, seeds, nuts, flour, and other foods; Snack mix consisting primarily of dehydrated fruits, processed nuts and also including sesame sticks; Snack mix consisting primarily of processed nuts and salted squash seeds and also including toasted corn; Snack mix consisting primarily of processed nuts, and also including nuts, spices, grains, flour, and other foods; Snack mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; Snack mix consisting primarily of processed fruits, processed nuts and/or raisins; Snack mix consisting primarily of processed seeds and also including spices, grains, nuts, flour, and other foods; Soy-based food bars also containing nuts, spices, fruits, grains, and other foods; Spicy nuts, namely, all edible nuts; Trail mix consisting primarily of processed nuts, and also including nuts, spices, grains, flour, and other foods; Trail mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; Vegetable-based chocolate food beverages; vegetable, nut, fruit, chocolate, vanilla, milk, non-dairy milk souffles
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 02/18/2018 and first used in commerce at least as early as 10/10/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Chocolate milk; International Class 029: Chocolate milk; Nut and seed-based snack bars; Nut butter substitutes made from edible seeds and grains; Nut butter substitutes made from e.g., sunflower seeds, pumpkin seeds, cashews, walnuts, pecans, etc.; Nut butters; Nut butters, namely, all edible nuts; Nut cheese, namely, cheese-type product made from nuts; Nut meats; Nut milk; Nut oils for food; Nut topping; Nut- and dried fruit- based snack bars; Nut-based food bars; Nut-based snack bars; Nut-based snack foods; Nut-based snack foods, namely, nut clusters; Nut-based snack foods, namely, nut crisps; Nut-based spread also containing chocolate; Nut-based spreads; Nuts with flour-based coatings; Nuts with starch-based coatings; Betel nuts, processed; Blanched nuts; Caffeine-coated nuts; Candied nuts; Chopped nuts; Coffee-coated nuts; Dip mixes; Fig and date roll consisting of dried fruits, nuts, and spices; Flavored nuts; Flavoured nuts; Fruit- and nut-based snack bars featuring a chocolate coating; Fruit-based organic food bars, also containing nuts, spices, grains, seeds, flour, and other foods; Fruit-based organic food bars, also containing nuts, spices, grains, seeds, flour; Fruit-based organic food snacks also containing nuts, spices, grains, seeds, flour, and other foods; Fruit-based organic food snacks also containing nuts, spices, grains, seeds, flour; Milk-based beverages containing milk concentrates, vegetable oil and added nutrients; Milk-based beverages with chocolate; Non-fat, low-carbohydrate, high-protein dairy-based mix for making non-dessert foods, namely, powdered bean, seed, grain and vegetable flours; Organic nut and seed-based snack bars; Powdered nut butters; Powdered nut butters, namely, all edible nuts butter; Prepared nuts; Prepared nuts flavored with spices, seeds, herbs and other flavorings; Prepared macadamia nuts; Prepared pine nuts; Prepared torreya nuts; Processed nuts; Processed nuts, namely, all edible nuts; Processed betel nuts; Processed cashew nuts; Processed cola nuts; Processed fruit- and nut-based food bars; Processed kola nuts; Processed macadamia nuts; Processed pignoli pine nuts; Processed pine nuts; Roasted nuts; Roasted nuts, namely, all edible nuts; Salted cashews; Seasoned nuts; Shelled nuts; Snack mix consisting of dehydrated fruit and processed nuts; Snack mix consisting of wasabi peas, processed nuts, dehydrated fruit and/or raisins; Snack mix consisting primarily of dehydrated fruit and also including spices, grains, seeds, nuts, flour,; Snack mix consisting primarily of dehydrated fruit and also including spices, grains, seeds, nuts, flour, and other foods; Snack mix consisting primarily of dehydrated fruits, processed nuts and also including sesame sticks; Snack mix consisting primarily of processed nuts and salted squash seeds and also including toasted corn; Snack mix consisting primarily of processed nuts, and also including nuts, spices, grains, flour,; Snack mix consisting primarily of processed nuts, and also including nuts, spices, grains, flour, and other foods; Snack mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; Snack mix consisting primarily of processed fruits, processed nuts and/or raisins; Snack mix consisting primarily of processed seeds and also including spices, grains, nuts, flour,; Snack mix consisting primarily of processed seeds and also including spices, grains, nuts, flour, and other foods; Soy-based food bars also containing nuts, spices, fruits, grains; Soy-based food bars also containing nuts, spices, fruits, grains, and other foods; Spicy nuts, namely, all edible nuts; Trail mix consisting primarily of processed nuts, and also including nuts, spices, grains, flour; Trail mix consisting primarily of processed nuts, and also including nuts, spices, grains, flour, and other foods; Trail mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; Vegetable-based chocolate food beverages; vegetable souffles; vegetable, nut, fruit, chocolate, vanilla, milk, non-dairy milk soufflesClass 029 for International Class 029: Chocolate milk; Nut and seed-based snack bars; Nut butter substitutes made from e.g., sunflower seeds, pumpkin seeds, cashews, walnuts, pecans, etc.; Nut butters; Nut butters, namely, all edible nuts; Nut cheese, namely, cheese-type product made from nuts; Nut meats; Nut milk; Nut oils for food; Nut topping; Nut- and dried fruit- based snack bars; Nut-based food bars; Nut-based snack bars; Nut-based snack foods; Nut-based snack foods, namely, nut clusters; Nut-based snack foods, namely, nut crisps; Nut-based spread also containing chocolate; Nut-based spreads; Nuts with flour-based coatings; Nuts with starch-based coatings; Betel nuts, processed; Blanched nuts; Caffeine-coated nuts; Candied nuts; Chopped nuts; Coffee-coated nuts; Dip mixes; Fig and date roll consisting of dried fruits, nuts, and spices; Flavored nuts; Flavoured nuts; Fruit- and nut-based snack bars featuring a chocolate coating; Fruit-based organic food bars, also containing nuts, spices, grains, seeds, flour; Fruit-based organic food snacks also containing nuts, spices, grains, seeds, flour; Milk-based beverages containing milk concentrates, vegetable oil and added nutrients; Milk-based beverages with chocolate; Organic nut and seed-based snack bars; Powdered nut butters; Powdered nut butters, namely, all edible nuts butter; Prepared nuts; Prepared nuts flavored with spices, seeds, herbs and other flavorings; Prepared macadamia nuts; Prepared pine nuts; Prepared torreya nuts; Processed nuts; Processed nuts, namely, all edible nuts; Processed betel nuts; Processed cashew nuts; Processed cola nuts; Processed fruit- and nut-based food bars; Processed kola nuts; Processed macadamia nuts; Processed pignoli pine nuts; Processed pine nuts; Roasted nuts; Roasted nuts, namely, all edible nuts; Salted cashews; Seasoned nuts; Shelled nuts; Snack mix consisting of dehydrated fruit and processed nuts; Snack mix consisting of wasabi peas, processed nuts, dehydrated fruit and/or raisins; Snack mix consisting primarily of dehydrated fruit and also including spices, grains, seeds, nuts, flour,; Snack mix consisting primarily of dehydrated fruits, processed nuts and also including sesame sticks; Snack mix consisting primarily of processed nuts and salted squash seeds and also including toasted corn; Snack mix consisting primarily of processed nuts, and also including nuts, spices, grains, flour,; Snack mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; Snack mix consisting primarily of processed fruits, processed nuts and/or raisins; Snack mix consisting primarily of processed seeds and also including spices, grains, nuts, flour,; Soy-based food bars also containing nuts, spices, fruits, grains; Spicy nuts, namely, all edible nuts; Trail mix consisting primarily of processed nuts, and also including nuts, spices, grains, flour; Trail mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate; Vegetable-based chocolate food beverages; vegetable souffles
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 02/18/2018 and first used in commerce at least as early as 10/10/2018 , 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 Chocolate; Chocolate and chocolates; Chocolate bark containing ground coffee beans; Chocolate bars; Chocolate based ingredient for use in desserts, drinks, snacks; Chocolate cakes; Chocolate candies; Chocolate chips; Chocolate confections; Chocolate confections, namely, truffles, bonbons, bars, caramels; Chocolate covered ants; Chocolate covered cocoa nibs; Chocolate covered cookies; Chocolate covered fruit; Chocolate covered popcorn; Chocolate covered pretzels; Chocolate covered raisins; Chocolate covered roasted coffee beans; Chocolate decorations for cakes; Chocolate fondue; Chocolate food beverages not being dairy-based or vegetable based; Chocolate for confectionery and bread; Chocolate for toppings; Chocolate mousse; Chocolate mousses; Chocolate pastes; Chocolate powder; Chocolate sauce; Chocolate syrup; Chocolate topped pretzels; Chocolate topping; Chocolate truffles; Chocolate-based beverages; Chocolate-based beverages with milk; Chocolate-based fillings for cakes and pies; Chocolate-based meal replacement bars; Chocolate-based ready-to-eat food bars; Chocolate-based spreads; Chocolate-covered potato chips; Chocolate-filled dried fig confections; Chocolates and chocolate based ready to eat candies and snacks; Chocolates containing nutrients; Cookie dough; Cookie mixes; Cookie pies; Cookies; Cookies and crackers; Dessert mousse; Dessert puddings; Dessert puddings infused with alcohol; Dessert souffles; Nut flours; Vegan cakes; Vegan cheesecake; Vegan cup cakes; Vegan pies; Almond cookies; Annin tofu; Arrangements of candy; Arrangements of cut fruit comprised of fresh fruits cut into flower shapes and at least partially coated with chocolate; Babkas; Bagel chips; Bagel holes; Baked goods, namely, crumbles; Bakery desserts; Bakery goods; Bakery goods and dessert items, namely, cakes, cookies, pastries, candies, and frozen confections for retail and wholesale distribution and consumption on or off the premises; Bakery goods and dessert items, namely, cheesecakes for retail and wholesale distribution and consumption on or off the premises; Bakery goods, namely, cakes, pies, cookies, crackers, chips, tarts, breads; Bakery products; Bakery products, namely, sweet bakery goods; Baklava; Banana pudding; Bars of sweet jellied bean paste (Yohkan); Bases for bakery goods; Bavarian creams; Bean jam buns; Beverages with a chocolate base; Biscotti; Biscuit mixes; Biscuits; Biscuits and bread; Biscuits, tarts, cakes made with cereals; Blueberry pies; Boiled sweets; Bombe glacée; Bonbons; Bonbons made of sugar; Bread; Bread and pastry; Bread bases; Bread biscuits; Bread doughs; Bread flavored with spices; Bread flavoured with spices; Bread mixes; Bread pudding; Bread sticks; Breadcrumbs; Breadsticks; Breakfast cereals; Brioches; Brownie dough; Brownie mixes; Brownies; Buns; Butter biscuits; Cake batter; Cake doughs; Cake mixes; Cake mixes, namely, cake bases; Cake pops; Cakes; Cakes filled with chocolate, fruits, confections, mousse, and ganache; Candies; Candy; Candy bars; Candy for food; Candy with caramel; Candy with cocoa; Cappuccino mixes; Caramel sauce; Caramels; Cereal bars; Cereal based energy bars; Cereal based snack food; Cereal-based snack food; Cereal-based snack foods; Cheesecakes; Chocolate covered nuts; Chocolate spreads containing nuts; Chocolate-based spread also containing nuts; Chocolate-coated nuts; Cinnamon sugar; Cocoa mixes; Coffee-based snack foods; Confectioneries, namely, snack foods, namely, chocolate; Confectionery made of sugar; Confectionery made of sugar substitutes; Confectionery, namely, candy and chocolate; Confectionery, namely, pastilles; Cookies with nuts; Cracker meal; Crackers; Cream buns; Cream puffs; Crepe mixes; Crepes; Crisp bread; Croissants; Crumpets; Crème brulee; Crème caramel; Cup cakes; Dairy-free chocolate; Danish; Danish bread; Danish pastries; Donuts; Dough; Dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of ice cream and other dairy-based desserts; Doughnut holes; Doughnuts; Dried fig-based condiment; Dried sugared cakes of rice flour (rakugan); Eccles cakes; Eclairs; Edible cookie dough not intended for baking; Edible fruit ices; Edible wafers; Extruded wheat snacks; Filled chocolate; Flat bread; Flavored, sweetened gelatin desserts; Flour; Flour-based chips; Fortune cookies; Fresh fruits cut into flower shapes and at least partially coated with chocolate; Fried dough cookies (karintoh); Frosting mixes; Frozen cookie dough; Frozen cookie, brownie and biscotti dough; Frozen dessert consisting of fruit and cream or cream substitutes; Frozen desserts consisting of flavored ice blocks with toppings; Frozen breads; Frozen brownie dough; Frozen cashew-based desserts; Frozen confectionery; Frozen confections; Frozen custards; Frozen dough for use as pizza, bread or other bread-type products; Frozen hot chocolate; Frozen pie crusts; Frozen soy-based desserts; Frozen yogurt confections; Frozen cookie, bar, cake, dessert, bread batter; Fruit breads; Fruit cakes; Fruit cobblers; Fruit ices; Fruit jelly candy; Fruit paste for flavouring of food; Fruit pies; Fruit turnovers; Fudge; Gateaux; Gift baskets containing candy; Ginger snaps; Gingerbread; Gluten-free desserts, namely, cookies, cakes, pies, bars, energy bites andballs, and other confections, truffles, bonbons; Gluten-free bread; Graham crackers; Grain-based chips; Grain-based food bars; Grain-based food bars also containing nuts, spices, fruits, nuts, and other foods; Grain-based food beverages; Grain-based snack foods; Granola; Granola snacks; Granola-based snack bars; Gum sweets; Gummy candies; Hardtack; Honey buns; Hot chocolate; Hot chocolate mixes; Ice cream desserts; Ice cream bars; Ice cream gateaux; Ice cream mixes; Ice cream sandwiches; Ice-cream cakes; Iced cakes; Icing mixes; Instant dessert puddings; Instant doughnut mixes; Instant pancake mixes; Instant pudding mixes; Jam buns; Japanese sponge cakes (kasutera); Macarons; Madeleines; Maize-based pudding dessert (mazamorra morada); Marshmallow; Marshmallows; Marzipan substitutes; Matcha; Meringues; Milk chocolate; Mille-feuilles; Millet cakes; Mint-based sweets; Mixes for bakery goods; Mixes for candy making; Muffin mixes; Muffins; Multigrain-based snack foods; Natural spices; Non-dairy frozen confections; Non-fat, low-carbohydrate, high-protein dairy-based mix for making desserts, namely, powdered bean, seed, grain and vegetable flours; Organic spices; Palm sugar; Pan de yuca; Pancake mixes; Pastries; Pastries with fruit; Pastries, namely, pasties; Pastry; Pastry cream; Pastry dough; Pastry mixes; Pastry shells; Pellet-shaped rice crackers (arare); Petit-beurre biscuits; Petits fours; Pie crusts; Pie shells; Pounded rice cakes (mochi); Pralines; Pre-mixed pancake batter; Pre-processed mixes for making non-dairy frozen confections; Processed bran; Processed cereal-based food to be used as a breakfast food, snack food or ingredient for making other foods; Processed cereals; Processed ginseng used as an herb, spice or flavoring for food or beverages; Processed grains; Puddings; Puddings for use as desserts; Puffed rice; Pumpkin pies; Pumpkin porridge (Hobak-juk); Quinoa-based food bars; Quinoa-based snack foods; Ready to eat, cereal derived food bars; Ready-to-eat cereals; Red bean porridge (patjuk); Rice crackers; Rice crackers (senbei); Rice sticks; Rice-based pudding dessert; Rice-based pudding dessert (arroz con leche); Rice-based snack food; Rice-based snack foods; Rolls; Royal jelly for food purposes; Rugelach; Rye bread; S'mores; Salt crackers; Savory biscuits; Savoury and salted biscuits; Scones; Shaved ice with sweetened red beans; Sherbet mixes; Shortbread biscuits; Snack cakes; Snack foods, namely, chocolate-based snack foods; Snack mix consisting primarily of crackers, pretzels and/or popped popcorn; Snack mix consisting primarily of popcorn and also including spices, grains, nuts, flour, and other foods; Soda bread; Soft pin-rolled cakes of pounded rice (gyuhi); Sorbets; Spice blends; Sponge cakes; Spreads consisting primarily of emulsified biscuits or cookies; Sugar wafers; Sugar-coated hard caramels; Sugared beans (ama-natto); Sugarfree sweets; Sugarless candies; Sugarless sweets; Sweet pounded rice cakes (mochi-gashi); Sweet rice with nuts and jujubes (yaksik); Sweetened yogurt covered raisins; Sweets; Taiyaki (Japanese fish-shaped cakes with various fillings); Tart shells; Tarts; Tea-based beverages; Tiramisu; Toast; Tortilla chips; Trail mix consisting primarily of granola, and also including nuts, spices, seeds, fruits, grains, and other foods; Trail mix consisting primarily of pretzels, popcorn, and crackers, and also including spices, grains, nuts, flour, and other foods; Turkish delight; Vanilla wafers; Vegan cookies; Wafer biscuits; Wafer sticks; Wheat-free and gluten-free chocolate; White chocolate chips; Whoopie pies; Yogurt-covered nuts; nut and seed brittle
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 02/18/2018 and first used in commerce at least as early as 10/10/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Chocolate; International Class 030: Chocolate; Chocolate and chocolates; Chocolate bark containing ground coffee beans; Chocolate bars; Chocolate based ingredient for use in desserts, drinks, snacks; Chocolate cakes; Chocolate candies; Chocolate chips; Chocolate confections; Chocolate confections, namely, truffles, bonbons, bars, caramels; Chocolate covered ants; Chocolate covered cocoa nibs; Chocolate covered cookies; Chocolate covered fruit; Chocolate covered popcorn; Chocolate covered pretzels; Chocolate covered raisins; Chocolate covered roasted coffee beans; Chocolate decorations for cakes; Chocolate fondue; Chocolate food beverages not being dairy-based or vegetable based; Chocolate for confectionery and bread; Chocolate for toppings; Chocolate mousse; Chocolate mousses; Chocolate pastes; Chocolate powder; Chocolate sauce; Chocolate syrup; Chocolate topped pretzels; Chocolate topping; Chocolate truffles; Chocolate-based beverages; Chocolate-based beverages with milk; Chocolate-based fillings for cakes and pies; Chocolate-based meal replacement bars; Chocolate-based ready-to-eat food bars; Chocolate-based spreads; Chocolate-covered potato chips; Chocolate-filled dried fig confections; Chocolates and chocolate based ready to eat candies and snacks; Chocolates containing nutrients; Cookie dough; Cookie mixes; Cookie pies; Cookies; Cookies and crackers; Dessert mousse; Dessert puddings; Dessert puddings infused with alcohol; Dessert souffles; Nut flours; Vegan cakes; Vegan cheesecake; Vegan cup cakes; Vegan pies; Almond cookies; Annin tofu; Arrangements of candy; Arrangements of cut fruit comprised of fresh fruits cut into flower shapes and at least partially coated with chocolate; Babkas; Bagel chips; Bagel holes; Baked goods, namely, crumbles; Bakery desserts; Bakery goods; Bakery goods and dessert items, namely, cakes, cookies, pastries, candies, and frozen confections for retail and wholesale distribution and consumption on or off the premises; Bakery goods and dessert items, namely, cheesecakes for retail and wholesale distribution and consumption on or off the premises; Bakery goods, namely, cakes, pies, cookies, crackers, chips, tarts, breads; Bakery goods, namely, cakes, pies, cookies, crackers; chips, namely tortilla, corn, rice, etc.; chips, tarts, breads; Bakery products; Bakery products, namely, sweet bakery goods; Baklava; Banana pudding; Bars of sweet jellied bean paste (Yohkan); Bases for bakery goods; Bavarian creams; Bean jam buns; Beverages with a chocolate base; Biscotti; Biscuit mixes; Biscuits; Biscuits and bread; Biscuits, tarts, cakes made with cereals; Blueberry pies; Boiled sweets; Bombe glacée; Bonbons; Bonbons made of sugar; Bread; Bread and pastry; Bread bases; Bread biscuits; Bread doughs; Bread flavored with spices; Bread flavoured with spices; Bread mixes; Bread pudding; Bread sticks; Breadcrumbs; Breadsticks; Breakfast cereals; Brioches; Brownie dough; Brownie mixes; Brownies; Buns; Butter biscuits; Cake batter; Cake doughs; Cake mixes; Cake mixes, namely, cake bases; Cake pops; Cakes; Cakes filled with chocolate, fruits, confections, mousse, and ganache; Candies; Candy; Candy bars; Candy for food; Candy with caramel; Candy with cocoa; Cappuccino mixes; Caramel sauce; Caramels; Cereal bars; Cereal based energy bars; Cereal based snack food; Cereal-based snack food; Cereal-based snack foods; Cheesecakes; Chocolate covered nuts; Chocolate spreads containing nuts; Chocolate-based spread also containing nuts; Chocolate-coated nuts; Cinnamon sugar; Cocoa mixes; Coffee-based snack foods; Confectioneries, namely, snack foods, namely, chocolate; Confectionery made of sugar; Confectionery made of sugar substitutes; Confectionery, namely, candy and chocolate; Confectionery, namely, pastilles; Cookies with nuts; Cracker meal; Crackers; Cream buns; Cream puffs; Crepe mixes; Crepes; Crisp bread; Croissants; Crumpets; Crème brulee; Crème caramel; Cup cakes; Dairy-free chocolate; Danish; Danish bread; Danish pastries; Donuts; Dough; Dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of ice cream and other dairy-based desserts; Doughnut holes; Doughnuts; Dried fig-based condiment; Dried sugared cakes of rice flour (rakugan); Eccles cakes; Eclairs; Edible cookie dough not intended for baking; Edible fruit ices; Edible wafers; Extruded wheat snacks; Filled chocolate; Flat bread; Flavored, sweetened gelatin desserts; Flour; Flour-based chips; Fortune cookies; Fresh fruits cut into flower shapes and at least partially coated with chocolate; Fried dough cookies (karintoh); Frosting mixes; Frozen cookie dough; Frozen cookie, brownie and biscotti dough; Frozen dessert consisting of fruit and cream or cream substitutes; Frozen desserts consisting of flavored ice blocks with toppings; Frozen breads; Frozen brownie dough; Frozen cashew-based desserts; Frozen confectionery; Frozen confections; Frozen custards; Frozen dough for use as pizza, bread or other bread-type products; Frozen hot chocolate; Frozen pie crusts; Frozen soy-based desserts; Frozen yogurt confections; Frozen cookie, bar, cake, dessert, bread batter; Fruit breads; Fruit cakes; Fruit cobblers; Fruit ices; Fruit jelly candy; Fruit paste for flavouring of food; Fruit pies; Fruit turnovers; Fudge; Gateaux; Gift baskets containing candy; Gluten-free desserts, namely, cookies, cakes, pies, bars, energy bites andballs, and other confections, truffles, bonbons; Ginger snaps; Gingerbread; Gluten-free desserts, namely, cookies, cakes, pies, bars, energy bites and balls, and other confections, truffles, bonbons; Gluten-free bread; Graham crackers; Grain-based chips; Grain-based food bars; Grain-based food bars also containing nuts, spices, fruits, nuts, and other foods; Grain-based food beverages; Grain-based snack foods; Granola; Granola snacks; Granola-based snack bars; Gum sweets; Gummy candies; Hardtack; Honey buns; Hot chocolate; Hot chocolate mixes; Ice cream desserts; Ice cream bars; Ice cream gateaux; Ice cream mixes; Ice cream sandwiches; Ice-cream cakes; Iced cakes; Icing mixes; Instant dessert puddings; Instant doughnut mixes; Instant pancake mixes; Instant pudding mixes; Jam buns; Japanese sponge cakes (kasutera); Macarons; Madeleines; Maize-based pudding dessert (mazamorra morada); Marshmallow; Marshmallows; Marzipan substitutes; Matcha; Meringues; Milk chocolate; Mille-feuilles; Millet cakes; Mint-based sweets; Mixes for bakery goods; Mixes for candy making; Muffin mixes; Muffins; Multigrain-based snack foods; Natural spices; Non-dairy frozen confections; Non-fat, low-carbohydrate, high-protein dairy-based mix for making desserts, namely, powdered bean, seed, grain and vegetable flours; Organic spices; Palm sugar; Pan de yuca; Pancake mixes; Pastries; Pastries with fruit; Pastries, namely, pasties; Pastry; Pastry cream; Pastry dough; Pastry mixes; Pastry shells; Pellet-shaped rice crackers (arare); Petit-beurre biscuits; Petits fours; Pie crusts; Pie shells; Pounded rice cakes (mochi); Pralines; Pre-mixed pancake batter; Pre-processed mixes for making non-dairy frozen confections; Processed bran; Processed cereal-based food to be used as a breakfast food, snack food or ingredient for making other foods; Processed cereals; Processed ginseng used as an herb, spice or flavoring for food or beverages; Processed grains; Puddings; Puddings for use as desserts; Puffed rice; Pumpkin pies; Pumpkin porridge (Hobak-juk); Quinoa-based food bars; Quinoa-based snack foods; Ready to eat, cereal derived food bars; Ready-to-eat cereals; Red bean porridge (patjuk); Rice crackers; Rice crackers (senbei); Rice sticks; Rice-based pudding dessert; Rice-based pudding dessert (arroz con leche); Rice-based snack food; Rice-based snack foods; Rolls; Royal jelly for food purposes; Rugelach; Rye bread; S'mores; Salt crackers; Savory biscuits; Savoury and salted biscuits; Scones; Shaved ice with sweetened red beans; Sherbet mixes; Shortbread biscuits; Snack cakes; Snack foods, namely, chocolate-based snack foods; Snack mix consisting primarily of crackers, pretzels and/or popped popcorn; Snack mix consisting primarily of popcorn and also including spices, grains, nuts, flour, and other foods; Soda bread; Soft pin-rolled cakes of pounded rice (gyuhi); Sorbets; Spice blends; Sponge cakes; Spreads consisting primarily of emulsified biscuits or cookies; Sugar wafers; Sugar-coated hard caramels; Sugared beans (ama-natto); Sugarfree sweets; Sugarless candies; Sugarless sweets; Sweet pounded rice cakes (mochi-gashi); Sweet rice with nuts and jujubes (yaksik); Sweetened yogurt covered raisins; Sweets; Taiyaki (Japanese fish-shaped cakes with various fillings); Tart shells; Tarts; Tea-based beverages; Tiramisu; Toast; Tortilla chips; Trail mix consisting primarily of granola, and also including nuts, spices, seeds, fruits, grains, and other foods; Trail mix consisting primarily of pretzels, popcorn, and crackers, and also including spices, grains, nuts, flour, and other foods; Turkish delight; Vanilla wafers; Vegan cookies; Wafer biscuits; Wafer sticks; Wheat-free and gluten-free chocolate; White chocolate chips; Whoopie pies; Yogurt-covered nuts; nut and seed brittle; Desert souffles, namely, nut, fruit, chocolate, vanilla, milk, and non-dairy milk souffles.Class 030 for International Class 030: Chocolate; Chocolate and chocolates; Chocolate bark containing ground coffee beans; Chocolate bars; Chocolate based ingredient for use in desserts, drinks, snacks; Chocolate cakes; Chocolate candies; Chocolate chips; Chocolate confections; Chocolate confections, namely, truffles, bonbons, bars, caramels; Chocolate covered ants; Chocolate covered cocoa nibs; Chocolate covered cookies; Chocolate covered fruit; Chocolate covered popcorn; Chocolate covered pretzels; Chocolate covered raisins; Chocolate covered roasted coffee beans; Chocolate decorations for cakes; Chocolate fondue; Chocolate food beverages not being dairy-based or vegetable based; Chocolate for confectionery and bread; Chocolate for toppings; Chocolate mousse; Chocolate mousses; Chocolate pastes; Chocolate powder; Chocolate sauce; Chocolate syrup; Chocolate topped pretzels; Chocolate topping; Chocolate truffles; Chocolate-based beverages; Chocolate-based beverages with milk; Chocolate-based fillings for cakes and pies; Chocolate-based meal replacement bars; Chocolate-based ready-to-eat food bars; Chocolate-based spreads; Chocolate-covered potato chips; Chocolate-filled dried fig confections; Chocolates and chocolate based ready to eat candies and snacks; Chocolates containing nutrients; Cookie dough; Cookie mixes; Cookie pies; Cookies; Cookies and crackers; Dessert mousse; Dessert puddings; Dessert puddings infused with alcohol; Dessert souffles; Nut flours; Vegan cakes; Vegan cheesecake; Vegan cup cakes; Vegan pies; Almond cookies; Annin tofu; Arrangements of candy; Arrangements of cut fruit comprised of fresh fruits cut into flower shapes and at least partially coated with chocolate; Babkas; Bagel chips; Bagel holes; Baked goods, namely, crumbles; Bakery desserts; Bakery goods; Bakery goods and dessert items, namely, cakes, cookies, pastries, candies, and frozen confections for retail and wholesale distribution and consumption on or off the premises; Bakery goods and dessert items, namely, cheesecakes for retail and wholesale distribution and consumption on or off the premises; Bakery goods, namely, cakes, pies, cookies, crackers; chips, namely tortilla, corn, rice, etc.; chips, tarts, breads; Bakery products; Bakery products, namely, sweet bakery goods; Baklava; Banana pudding; Bars of sweet jellied bean paste (Yohkan); Bases for bakery goods; Bavarian creams; Bean jam buns; Beverages with a chocolate base; Biscotti; Biscuit mixes; Biscuits; Biscuits and bread; Biscuits, tarts, cakes made with cereals; Blueberry pies; Boiled sweets; Bombe glacée; Bonbons; Bonbons made of sugar; Bread; Bread and pastry; Bread bases; Bread biscuits; Bread doughs; Bread flavored with spices; Bread flavoured with spices; Bread mixes; Bread pudding; Bread sticks; Breadcrumbs; Breadsticks; Breakfast cereals; Brioches; Brownie dough; Brownie mixes; Brownies; Buns; Butter biscuits; Cake batter; Cake doughs; Cake mixes; Cake mixes, namely, cake bases; Cake pops; Cakes; Cakes filled with chocolate, fruits, confections, mousse, and ganache; Candies; Candy; Candy bars; Candy for food; Candy with caramel; Candy with cocoa; Cappuccino mixes; Caramel sauce; Caramels; Cereal bars; Cereal based energy bars; Cereal based snack food; Cereal-based snack food; Cereal-based snack foods; Cheesecakes; Chocolate covered nuts; Chocolate spreads containing nuts; Chocolate-based spread also containing nuts; Chocolate-coated nuts; Cinnamon sugar; Cocoa mixes; Coffee-based snack foods; Confectioneries, namely, snack foods, namely, chocolate; Confectionery made of sugar; Confectionery made of sugar substitutes; Confectionery, namely, candy and chocolate; Confectionery, namely, pastilles; Cookies with nuts; Cracker meal; Crackers; Cream buns; Cream puffs; Crepe mixes; Crepes; Crisp bread; Croissants; Crumpets; Crème brulee; Crème caramel; Cup cakes; Dairy-free chocolate; Danish; Danish bread; Danish pastries; Donuts; Dough; Dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of ice cream and other dairy-based desserts; Doughnut holes; Doughnuts; Dried fig-based condiment; Dried sugared cakes of rice flour (rakugan); Eccles cakes; Eclairs; Edible cookie dough not intended for baking; Edible fruit ices; Edible wafers; Extruded wheat snacks; Filled chocolate; Flat bread; Flavored, sweetened gelatin desserts; Flour; Flour-based chips; Fortune cookies; Fresh fruits cut into flower shapes and at least partially coated with chocolate; Fried dough cookies (karintoh); Frosting mixes; Frozen cookie dough; Frozen cookie, brownie and biscotti dough; Frozen dessert consisting of fruit and cream or cream substitutes; Frozen desserts consisting of flavored ice blocks with toppings; Frozen breads; Frozen brownie dough; Frozen cashew-based desserts; Frozen confectionery; Frozen confections; Frozen custards; Frozen dough for use as pizza, bread or other bread-type products; Frozen hot chocolate; Frozen pie crusts; Frozen soy-based desserts; Frozen yogurt confections; Frozen cookie, bar, cake, dessert, bread batter; Fruit breads; Fruit cakes; Fruit cobblers; Fruit ices; Fruit jelly candy; Fruit paste for flavouring of food; Fruit pies; Fruit turnovers; Fudge; Gateaux; Gift baskets containing candy; Ginger snaps; Gingerbread; Gluten-free desserts, namely, cookies, cakes, pies, bars, energy bites and balls, and other confections, truffles, bonbons; Gluten-free bread; Graham crackers; Grain-based chips; Grain-based food bars; Grain-based food bars also containing nuts, spices, fruits, nuts, and other foods; Grain-based food beverages; Grain-based snack foods; Granola; Granola snacks; Granola-based snack bars; Gum sweets; Gummy candies; Hardtack; Honey buns; Hot chocolate; Hot chocolate mixes; Ice cream desserts; Ice cream bars; Ice cream gateaux; Ice cream mixes; Ice cream sandwiches; Ice-cream cakes; Iced cakes; Icing mixes; Instant dessert puddings; Instant doughnut mixes; Instant pancake mixes; Instant pudding mixes; Jam buns; Japanese sponge cakes (kasutera); Macarons; Madeleines; Maize-based pudding dessert (mazamorra morada); Marshmallow; Marshmallows; Marzipan substitutes; Matcha; Meringues; Milk chocolate; Mille-feuilles; Millet cakes; Mint-based sweets; Mixes for bakery goods; Mixes for candy making; Muffin mixes; Muffins; Multigrain-based snack foods; Natural spices; Non-dairy frozen confections; Non-fat, low-carbohydrate, high-protein dairy-based mix for making desserts, namely, powdered bean, seed, grain and vegetable flours; Organic spices; Palm sugar; Pan de yuca; Pancake mixes; Pastries; Pastries with fruit; Pastries, namely, pasties; Pastry; Pastry cream; Pastry dough; Pastry mixes; Pastry shells; Pellet-shaped rice crackers (arare); Petit-beurre biscuits; Petits fours; Pie crusts; Pie shells; Pounded rice cakes (mochi); Pralines; Pre-mixed pancake batter; Pre-processed mixes for making non-dairy frozen confections; Processed bran; Processed cereal-based food to be used as a breakfast food, snack food or ingredient for making other foods; Processed cereals; Processed ginseng used as an herb, spice or flavoring for food or beverages; Processed grains; Puddings; Puddings for use as desserts; Puffed rice; Pumpkin pies; Pumpkin porridge (Hobak-juk); Quinoa-based food bars; Quinoa-based snack foods; Ready to eat, cereal derived food bars; Ready-to-eat cereals; Red bean porridge (patjuk); Rice crackers; Rice crackers (senbei); Rice sticks; Rice-based pudding dessert; Rice-based pudding dessert (arroz con leche); Rice-based snack food; Rice-based snack foods; Rolls; Royal jelly for food purposes; Rugelach; Rye bread; S'mores; Salt crackers; Savory biscuits; Savoury and salted biscuits; Scones; Shaved ice with sweetened red beans; Sherbet mixes; Shortbread biscuits; Snack cakes; Snack foods, namely, chocolate-based snack foods; Snack mix consisting primarily of crackers, pretzels and/or popped popcorn; Snack mix consisting primarily of popcorn and also including spices, grains, nuts, flour, and other foods; Soda bread; Soft pin-rolled cakes of pounded rice (gyuhi); Sorbets; Spice blends; Sponge cakes; Spreads consisting primarily of emulsified biscuits or cookies; Sugar wafers; Sugar-coated hard caramels; Sugared beans (ama-natto); Sugarfree sweets; Sugarless candies; Sugarless sweets; Sweet pounded rice cakes (mochi-gashi); Sweet rice with nuts and jujubes (yaksik); Sweetened yogurt covered raisins; Sweets; Taiyaki (Japanese fish-shaped cakes with various fillings); Tart shells; Tarts; Tea-based beverages; Tiramisu; Toast; Tortilla chips; Trail mix consisting primarily of granola, and also including nuts, spices, seeds, fruits, grains, and other foods; Trail mix consisting primarily of pretzels, popcorn, and crackers, and also including spices, grains, nuts, flour, and other foods; Turkish delight; Vanilla wafers; Vegan cookies; Wafer biscuits; Wafer sticks; Wheat-free and gluten-free chocolate; White chocolate chips; Whoopie pies; Yogurt-covered nuts; nut and seed brittle; Desert souffles, namely, nut, fruit, chocolate, vanilla, milk, and non-dairy milk souffles.
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 02/18/2018 and first used in commerce at least as early as 10/10/2018 , and is now in use in such commerce.
APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Fawziyya Sug, a citizen of United States, having an address of
      
      77 W 126th St Apt D New York, NY 1002742 Tiemann Place #313 (The UPS Store)
      New York, New York 10027
      United States

      fawziyya@eatgwell.com (authorized)
      323-761-0271
Proposed: Sugai, Fawziyya, a citizen of United States, having an address of
      63 Wells Ave Apt #1113 Yonkers, NY 10701
      42 Tiemann Place #313 (The UPS Store)
      New York, New York 10027
      United States
      fawziyya@eatgwell.com (authorized)
      323-761-0271

The applicant's current correspondence information: FAWZIYYA SUG. FAWZIYYA SUG, is located at

      77 W 126TH ST APT D NEW YORK, NY 10027
      77 W 126TH ST APT D
      NEW YORK, New York 10027
      US

The phone number is 323-761-0271.

The email address is fawziyya@eatgwell.com; eatgwell@gmail.com

The applicants proposed correspondence information: FAWZIYYA SUGAI. FAWZIYYA SUGAI, is located at

      63 Wells Ave Apt #1113 Yonkers, NY 10701
      42 Tiemann Place #313
      Yonkers, New York 10027
      United States

The phone number is 323-761-0271.

The email address is fawziyya@eatgwell.com; eatgwell@gmail.com

ADDITIONAL STATEMENTS
Translation
The English translation of gwell in the mark is better.


FEE(S)
Fee(s) in the amount of $250 is being submitted.

SIGNATURE(S)
Response Signature
Signature: /Fawziyya Sugai/     Date: 02/03/2020
Signatory's Name: Fawziyya Sugai
Signatory's Position: Owner

Signatory's Phone Number: 323-761-0271

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    FAWZIYYA SUG
   
   77 W 126TH ST APT D NEW YORK, NY 10027
   77 W 126TH ST APT D
   NEW YORK, New York 10027
Mailing Address:    FAWZIYYA SUGAI
   63 Wells Ave Apt #1113 Yonkers, NY 10701
   42 Tiemann Place #313
   Yonkers, New York 10027
        
RAM Sale Number: 88475894
RAM Accounting Date: 02/03/2020
        
Serial Number: 88475894
Internet Transmission Date: Mon Feb 03 10:14:25 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202002031014258
66948-88475894-700c6abfbe1eeb536914dc58c
b64bbb364a25332bfb89137ead268fc2ca3e734b
-CC-14220254-20200203094205643703