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. 88563329 GREATPLATE (Stylized and/or with Design, see http://uspto.report/TM/88563329/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: GREATPLATE (Stylized and/or with Design, see http://uspto.report/TM/88563329/mark.png)
Proposed: GREATPLATE (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of an inner and outer circle with a picture of a plate of food containing a hotdog, coleslaw, French fries and a beverage centered in the inner circle with the word "GREATPLATE" positioned along the lower section of the inner circle.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Food and beverage holders, cups, coasters
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 02/28/2014 and first used in commerce at least as early as 02/28/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Food and beverage holders, cups, coasters; Food and beverage holders in the nature of a sectioned plate, cups, coasters not of paper or textileClass 021 for Food and beverage holders in the nature of a sectioned plate, cups, coasters not of paper or textile
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 02/28/2014 and first used in commerce at least as early as 02/28/2014 , and is now in use in such commerce.
The applicant's current attorney information: Tuvia Rotberg. Tuvia Rotberg of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      US
The docket/reference number is 09516/0003.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

The applicants proposed attorney information: Tuvia Rotberg. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Craig J. Arnold, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Mark Berkowitz, Charles P. LaPolla, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Benjamin Charkow, Suzue Fujimori, Brian Amos, Hajime Sakai, David P. Goldberg, Sandra Hudak, Tuvia Rotberg, Dexter Chang, Keith J. Barkaus, Michael R. Jones and Christopher Lisiewski. Tuvia Rotberg of AMSTER, ROTHSTEIN & EBENSTEIN 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

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 09516/0003.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

Tuvia Rotberg 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: TUVIA ROTBERG. TUVIA ROTBERG of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      US
The docket/reference number is 09516/0003.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

The applicants proposed correspondence information: Tuvia Rotberg. Tuvia Rotberg of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 09516/0003.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use GREATPLATE apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Tuvia Rotberg/     Date: 12/11/2019
Signatory's Name: Tuvia Rotberg
Signatory's Position: Attorney of Record, NY Bar Member

Signatory's Phone Number: 212-336-8000

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:    TUVIA ROTBERG
   AMSTER, ROTHSTEIN & EBENSTEIN LLP
   
   90 PARK AVENUE
   NEW YORK, New York 10016
Mailing Address:    Tuvia Rotberg
   AMSTER, ROTHSTEIN & EBENSTEIN LLP
   90 PARK AVENUE
   NEW YORK, New York 10016
        
Serial Number: 88563329
Internet Transmission Date: Wed Dec 11 13:09:01 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191211130901
178109-88563329-700ad73fb8c50788310d2134
4e884b8f9d2e8ec3b4cad192fbdba4aa2f5255ad
8b-N/A-N/A-20191211125521799633