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. 88481440 DK (Stylized and/or with Design, see http://uspto.report/TM/88481440/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 Vegetable and nut based snack foods; pulse-based snack foods; fruit and nut based snack foods; nut and seed based snack foods, namely, nut clusters; snack mix consisting of nuts, seeds, processed pulses, dried fruit, grain, and/or dried vegetables
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: Vegetable and nut based snack foods; pulse-based snack foods; fruit and nut based snack foods; nut and seed based snack foods, namely, nut clusters; snack mix consisting of nuts, seeds, processed pulses, dried fruit, grain, and/or dried vegetables; snack mix consisting primarily of nuts, seeds, processed pulses, dried fruit, grain, and/or dried vegetables and also containing grains; plant-based snack foods in the nature of vegetable-based snack food; snack mix consisting of dried vegetables,¶
processed pulses, nuts, seeds and/or dried-fruitClass 029 for Vegetable and nut based snack foods; pulse-based snack foods; fruit and nut based snack foods; nut and seed based snack foods, namely, nut clusters; snack mix consisting primarily of nuts, seeds, processed pulses, dried fruit, grain, and/or dried vegetables and also containing grains; plant-based snack foods in the nature of vegetable-based snack food; snack mix consisting of dried vegetables, processed pulses, nuts, seeds and/or dried-fruit
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 Cereal-based snack foods; wheat-based snack foods; grain-based snack foods; plant-based snack foods; corn-based snack foods; snack mix consisting of dried vegetables, processed pulses, nuts, seeds and/or dried-fruit
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: Cereal-based snack foods; wheat-based snack foods; grain-based snack foods; plant-based snack foods; plant-based snack foods in the nature of rice-based snack food; corn-based snack foods; snack mix consisting of dried vegetables, processed pulses, nuts, seeds and/or dried-fruit; snack mix consisting primarily of grains and also containing nuts, seeds, processed pulses, dried fruit, and/or dried vegetablesClass 030 for Cereal-based snack foods; wheat-based snack foods; grain-based snack foods; plant-based snack foods in the nature of rice-based snack food; corn-based snack foods; snack mix consisting primarily of grains and also containing nuts, seeds, processed pulses, dried fruit, and/or dried vegetables
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.

SIGNATURE(S)
Response Signature
Signature: /Jonas Bruzas/     Date: 11/21/2019
Signatory's Name: Jonas Bruzas
Signatory's Position: Vice President & Chief Counsel Global IP, Marketing & Licensing

Signatory's Phone Number: 973-500-2000

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.

        
Serial Number: 88481440
Internet Transmission Date: Fri Nov 22 15:09:59 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019112215095931
6372-88481440-7004d9554937daf11a86432b2c
3c1836c96d9265beccc3232f51aafa2d6e9138-N
/A-N/A-20191121153049591230