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. 88531317 NBD(Standard Characters, see http://uspto.report/TM/88531317/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In the Office Action having a mailing date of August 26, 2019, the Examining Attorney required that Applicant enter certain amendments to the identification of the goods in Class 30, suggested adding Class 25, and requested an explanation of the meaning and significance of the mark. In response, Applicant hereby amends the identification goods in Class 30, adds Class 29, and clarifies that the mark has no meaning or significance in the applicable portions of the form contained herein. It is now believed that the present application is in condition for publication and such action is hereby respectfully requested. Should the Examining Attorney have any questions, please contact the undersigned at 303-863-9700.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Cookie dough; raw cookie dough; edible cookie dough; cookies; baked goods; nut and fruit bars; brownies; blondies; fruit based food bars; nut based food bars; cereal bars; cereal based snack foods; marshmallow squares; shortbread; muffins; chocolate bars; cakes; raw food bars; raw food bars; raw nut bars; raw fruit bars; Raw, frozen and refrigerated dough and batter
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: Cookie dough; raw cookie dough; edible cookie dough; edible cookie dough not intended for baking; cookies; baked goods; baked goods, namely, soft, gourmet and crispy cookies; nut and fruit bars; Grain-based food bars also containing dried fruits and nuts; brownies; blondies; fruit based food bars; cereal bars; nut based food bars; cereal based snack foods; marshmallow squares; Shortbread biscuits; muffins; shortbread; chocolate bars; cakes; Raw, frozen and refrigerated dough and cake, cupcake and muffin batter; raw food bars; raw food bars; raw nut bars; raw fruit bars; Raw, frozen and refrigerated dough and batterClass 030 for Cookie dough; raw cookie dough; edible cookie dough not intended for baking; cookies; baked goods, namely, soft, gourmet and crispy cookies; Grain-based food bars also containing dried fruits and nuts; brownies; blondies; cereal bars; cereal based snack foods; marshmallow squares; Shortbread biscuits; muffins; chocolate bars; cakes; Raw, frozen and refrigerated dough and cake, cupcake and muffin batter
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 hereby adds the following class of goods/services to the application:
New: Class 029 for Processed fruit- and nut-based food bars; Nut- and fruit-based organic food bars; Nut- and dried fruit- based snack bars; Fruit-based meal replacement bars; fruit based food bars; nut based food bars; Fruit-based raw food bars; Vegetable-based raw food bars; Nut-based raw food bars
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: Miriam D. Trudell. Miriam D. Trudell of SHERIDAN ROSS P.C., is located at

      1560 BROADWAY, SUITE 1200
      DENVER, Colorado 80202
      US
The docket/reference number is 8924NB-3.

The phone number is 303-863-9700.

The fax number is 303-863-0223.

The email address is mtrudell@sheridanross.com

The applicants proposed attorney information: Miriam D. Trudell. Other appointed attorneys are Sabrina C. Stavish, Lew Hansen, Sarah J. Schneider, Pamela N. Hirschman, Caroline E. Bryce, Jeanette E. Sinclare and all other attorneys of Sheridan Ross P.C. Miriam D. Trudell of Sheridan Ross P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1560 Broadway, Suite 1200
      Denver, Colorado 80202
      United States
The docket/reference number is 8924NB-3.

The phone number is 303-863-9700.

The fax number is 303-863-0223.

The email address is mtrudell@sheridanross.com

Miriam D. Trudell 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: MIRIAM D. TRUDELL. MIRIAM D. TRUDELL of SHERIDAN ROSS P.C., is located at

      1560 BROADWAY, SUITE 1200
      DENVER, Colorado 80202
      US
The docket/reference number is 8924NB-3.

The phone number is 303-863-9700.

The fax number is 303-863-0223.

The email address is mtrudell@sheridanross.com

The applicants proposed correspondence information: Miriam D. Trudell. Miriam D. Trudell of Sheridan Ross P.C., is located at

      1560 Broadway, Suite 1200
      Denver, Colorado 80202
      United States
The docket/reference number is 8924NB-3.

The phone number is 303-863-9700.

The fax number is 303-863-0223.

The email address is mtrudell@sheridanross.com

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
NBD appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /miriam trudell/      Date: 09/19/2019
Signatory's Name: Miriam D. Trudell
Signatory's Position: Attorney of record, Colorado bar member
Signatory's Phone Number: 3038639700


Response Signature
Signature: /jeanette sinclare/     Date: 09/19/2019
Signatory's Name: Jeanette E. Sinclare
Signatory's Position: Attorney of Record, Colorado bar member

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:    MIRIAM D. TRUDELL
   SHERIDAN ROSS P.C.
   
   1560 BROADWAY, SUITE 1200
   DENVER, Colorado 80202
Mailing Address:    Miriam D. Trudell
   Sheridan Ross P.C.
   1560 Broadway, Suite 1200
   Denver, Colorado 80202
        
RAM Sale Number: 88531317
RAM Accounting Date: 09/19/2019
        
Serial Number: 88531317
Internet Transmission Date: Thu Sep 19 19:15:23 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019091919152376
8554-88531317-610c5d9591dfeeaed17fec6cf2
38262f5d55e8c14ce1e8f1dc7f1468f5cde53f9b
-DA-15235127-20190919105312711551