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. 88570397 TIMELINE(Standard Characters, see http://uspto.report/TM/88570397/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 001 for Chemical additives for use in the manufacture of foods, beverages, food and beverage supplements, and dietary, nutritional, and energy supplements; diagnostic preparations, other than for medical or veterinary purposes; diagnostic test kits other than for medical or veterinary purposes
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Chemical additives for use in the manufacture of foods, beverages, food and beverage supplements, and dietary, nutritional, and energy supplements; diagnostic preparations, other than for medical or veterinary purposes; diagnostic test kits other than for medical or veterinary purposes; diagnostic kits other than for medical or veterinary purposes comprised of test strips for blood analysis.Class 001 for Chemical additives for use in the manufacture of foods, beverages, food and beverage supplements, and dietary, nutritional, and energy supplements; diagnostic preparations, other than for medical or veterinary purposes; diagnostic kits other than for medical or veterinary purposes comprised of test strips for blood analysis.
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, edible gels, and chocolate bars; dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; dietary, nutritional, and mineral supplements; dietary supplements for pets and livestock; preparations of vitamins; nutritional additives for medical purposes for use in foods and dietary supplements for human consumption; nutritional additives for medical purposes for use in foods and dietary supplements for veterinary use; liquid dietary and nutritional supplements; chocolate based meal replacement drinks for weight loss purposes; dietary supplement drink mixes; Nutritional supplement meal replacement bars for boosting energy; nutritional supplement energy bars; powdered nutritional, dietary and mineral supplement drink mix; dietary supplement drink mixes; food for babies; chemical additives as component ingredients of dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, and edible gels adapted for medical purposes; chemical additives as component ingredients of dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; chemical additives as component ingredients of dietary, nutritional, and mineral supplements; chemical additives as component ingredients of dietary supplements for pets and livestock; chemical additives as component ingredients of preparations of vitamins; chemical additives as component ingredients of nutritional additives for medical purposes for use in foods and dietary supplements for human consumption; chemical additives as component ingredients of nutritional additives for medical purposes for use in foods and dietary supplements for veterinary use; chemical additives as component ingredients of liquid dietary and nutritional supplements; chemical additives as component ingredients of chocolate based meal replacement drinks for weight loss purposes; chemical additives as component ingredients of dietary supplement drink mixes; chemical additives as component ingredients of nutritional supplement meal replacement bars for boosting energy; chemical additives as component ingredients of nutritional supplement energy bars; chemical additives as component ingredients of powdered nutritional, dietary and mineral supplement drink mix; chemical additives as component ingredients of dietary supplement drink mixes; chemical additives as component ingredients of food for babies; diagnostic preparations for medical purposes; diagnostic test kits for medical purposes; medicated cosmetics; medicated skin care preparations
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, edible gels, and chocolate bars; Dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based¶
food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, edible gels, and chocolate bars, for medical use; dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; dietary, nutritional, and mineral supplements; dietary supplements for pets and livestock; preparations of vitamins; nutritional additives for medical purposes for use in foods and dietary supplements for human consumption; additives in the nature of dietary supplements for humans; nutritional additives for medical purposes for use in foods and dietary supplements for veterinary use; additives in the nature of dietary supplements for animals; liquid dietary and nutritional supplements; chocolate based meal replacement drinks for weight loss purposes; dietary supplement drink mixes; Nutritional supplement meal replacement bars for boosting energy; nutritional supplement energy bars; powdered nutritional, dietary and mineral supplement drink mix; dietary supplement drink mixes; food for babies; chemical additives sold as a featured component ingredient of dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, and sweetened gelatin snacks in the nature of edible gels adapted for medical purposes; chemical additives as component ingredients of dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, and edible gels adapted for medical purposes; chemical additives sold as a featured component ingredient of dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; chemical additives as component ingredients of dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; chemical additives sold as a featured component ingredient of dietary, nutritional, and mineral supplements; chemical additives as component ingredients of dietary, nutritional, and mineral supplements; chemical additives sold as a featured component ingredient of dietary supplements for pets and livestock; chemical additives as component ingredients of dietary supplements for pets and livestock; chemical additives sold as a featured component ingredient of preparations of vitamins; chemical additives as component ingredients of preparations of vitamins; chemical additives sold as a featured component ingredient of additives in the nature of dietary supplements for humans; chemical additives as component ingredients of nutritional additives for medical purposes for use in foods and dietary supplements for human consumption; chemical additives sold as a featured component ingredient of additives in the nature of dietary supplements for veterinary use; chemical additives as component ingredients of nutritional additives for medical purposes for use in foods and dietary supplements for veterinary use; chemical additives sold as a featured component ingredient of liquid dietary and nutritional supplements; chemical additives as component ingredients of liquid dietary and nutritional supplements; chemical additives sold as a featured component ingredient of chocolate based meal replacement drinks for weight loss purposes; chemical additives as component ingredients of chocolate based meal replacement drinks for weight loss purposes; chemical additives sold as a featured component ingredient of dietary supplement drink mixes; chemical additives as component ingredients of dietary supplement drink mixes; chemical additives as component ingredients of nutritional supplement meal replacement bars for boosting energy; chemical additives sold as a featured component ingredient of nutritional supplement energy bars; chemical additives as component ingredients of nutritional supplement energy bars; chemical additives sold as a featured component ingredient of powdered nutritional, dietary and mineral supplement drink mix; chemical additives as component ingredients of powdered nutritional, dietary and mineral supplement drink mix; chemical additives sold as a featured component ingredient of food for babies; chemical additives as component ingredients of dietary supplement drink mixes; diagnostic preparations for medical purposes; chemical additives as component ingredients of food for babies; diagnostic kits for medical purposes comprised of test strips for blood analysis; medicated cosmetics; diagnostic test kits for medical purposes; medicated skin care preparations.; medicated skin care preparationsClass 005 for Dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, edible gels, and chocolate bars, for medical use; dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; dietary, nutritional, and mineral supplements; dietary supplements for pets and livestock; preparations of vitamins; additives in the nature of dietary supplements for humans; additives in the nature of dietary supplements for animals; liquid dietary and nutritional supplements; chocolate based meal replacement drinks for weight loss purposes; dietary supplement drink mixes; Nutritional supplement meal replacement bars for boosting energy; nutritional supplement energy bars; powdered nutritional, dietary and mineral supplement drink mix; food for babies; chemical additives sold as a featured component ingredient of dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, and sweetened gelatin snacks in the nature of edible gels adapted for medical purposes; chemical additives sold as a featured component ingredient of dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; chemical additives sold as a featured component ingredient of dietary, nutritional, and mineral supplements; chemical additives sold as a featured component ingredient of dietary supplements for pets and livestock; chemical additives sold as a featured component ingredient of preparations of vitamins; chemical additives sold as a featured component ingredient of additives in the nature of dietary supplements for humans; chemical additives sold as a featured component ingredient of additives in the nature of dietary supplements for veterinary use; chemical additives sold as a featured component ingredient of liquid dietary and nutritional supplements; chemical additives sold as a featured component ingredient of chocolate based meal replacement drinks for weight loss purposes; chemical additives sold as a featured component ingredient of dietary supplement drink mixes; chemical additives as component ingredients of nutritional supplement meal replacement bars for boosting energy; chemical additives sold as a featured component ingredient of nutritional supplement energy bars; chemical additives sold as a featured component ingredient of powdered nutritional, dietary and mineral supplement drink mix; chemical additives sold as a featured component ingredient of food for babies; diagnostic preparations for medical purposes; diagnostic kits for medical purposes comprised of test strips for blood analysis; medicated cosmetics; medicated skin care preparations.
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Milk products, namely, yogurt, yogurt-based beverages, cottage cheese; plain or flavored milk beverages with high milk content; milk beverages containing fruit; fermented plain or flavored milk; broths; unflavored and unsweetened gelatin mixes; and thickened milk; dairy-based and fruit-based food beverages containing fortified nutrients; chemical additives as component ingredients of yogurt, yogurt-based beverages, cottage cheese, plain or flavored milk beverages with high milk content, milk beverages containing fruit, fermented plain or flavored milk, broths, unflavored and unsweetened gelatin mixes, and dairy-based and fruit-based food beverages containing fortified nutrients
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Milk products, namely, yogurt, yogurt-based beverages, cottage cheese; Milk-based products, namely, yogurt, yogurt-based beverages, cottage cheese; plain or flavored milk beverages with high milk content; milk beverages containing fruit; fermented plain or flavored milk; broths; unflavored and unsweetened gelatin mixes; unflavored and unsweetened gelatin¶
mixes; and thickened milk; dairy-based and fruit-based food beverages containing fortified nutrients; chemical additives as component ingredients of yogurt, yogurt-based beverages, cottage cheese, plain or flavored milk beverages with high milk content, milk beverages containing fruit, fermented plain or flavored milk, broths, unflavored and unsweetened gelatin mixes, and dairy-based and fruit-based food beverages containing fortified nutrients; chemical additives sold as a featured component ingredient of yogurt, yogurt-based beverages, cottage cheese, plain or flavored milk beverages with high milk content, milk beverages containing fruit, fermented plain or flavored milk, broths, unflavored and unsweetened gelatin mixes, milk shake mixes, and dairy-based and fruit-based food beverages containing fortified nutrients; milk shake mixes.Class 029 for Milk-based products, namely, yogurt, yogurt-based beverages, cottage cheese; plain or flavored milk beverages with high milk content; milk beverages containing fruit; fermented plain or flavored milk; broths; unflavored and unsweetened gelatin mixes; and thickened milk; dairy-based and fruit-based food beverages containing fortified nutrients; chemical additives sold as a featured component ingredient of yogurt, yogurt-based beverages, cottage cheese, plain or flavored milk beverages with high milk content, milk beverages containing fruit, fermented plain or flavored milk, broths, unflavored and unsweetened gelatin mixes, milk shake mixes, and dairy-based and fruit-based food beverages containing fortified nutrients; milk shake mixes.
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Cocoa; bread; chocolate; cocoa-based beverages; chocolate-based beverages; puffed rice; breakfast cereals; biscuits; wafers; waffles; cakes; pastries; cereal-based snack foods; ready to eat cereal derived food bars; grain-based food bars; bakery goods; flavored and sweetened gelatin desserts; pudding and pudding mixes; cookies; milk shake mixes; chemical additives as component ingredients of bread, cocoa-based beverages, chocolate-based beverages, puffed rice, breakfast cereals, biscuits, wafers, waffles, cakes, pastries, edible ices, ice creams, frozen yogurts, cereal-based snack foods, ready to eat cereal derived food bars, grain-based food bars, bakery goods, flavored and sweetened gelatin desserts, pudding and pudding mixes, cookies, milk shake mixes, and thickening agents for use in food and beverages
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Cocoa; bread; chocolate; cocoa-based beverages; chocolate-based beverages; puffed rice; breakfast cereals; biscuits; wafers; waffles; cakes; pastries; cereal-based snack foods; ready to eat cereal derived food bars; grain-based food bars; bakery goods; flavored and sweetened gelatin desserts; pudding and pudding mixes; dessert pudding and pudding mixes; cookies; milk shake mixes; thickening agents for use in cooking food; chemical additives as component ingredients of bread, cocoa-based beverages, chocolate-based beverages, puffed rice, breakfast cereals, biscuits, wafers, waffles, cakes, pastries, edible ices, ice creams, frozen yogurts, cereal-based snack foods, ready to eat cereal derived food bars, grain-based food bars, bakery goods, flavored and sweetened gelatin desserts, pudding and pudding mixes, cookies, milk shake mixes, and thickening agents for use in food and beverages; chemical additives sold as a featured component ingredient of bread, cocoa-based beverages, chocolate-based beverages, puffed rice, breakfast cereals, biscuits, wafers, waffles, cakes, pastries, edible ices, ice creams, frozen yogurts, cereal-based snack foods, ready to eat cereal derived food bars, grain-based food bars, bakery goods, flavored and sweetened gelatin desserts, dessert pudding and pudding mixes, cookies, and thickening agents for use in cooking food.Class 030 for Cocoa; bread; chocolate; cocoa-based beverages; chocolate-based beverages; puffed rice; breakfast cereals; biscuits; wafers; waffles; cakes; pastries; cereal-based snack foods; ready to eat cereal derived food bars; grain-based food bars; bakery goods; flavored and sweetened gelatin desserts; dessert pudding and pudding mixes; cookies; thickening agents for use in cooking food; chemical additives sold as a featured component ingredient of bread, cocoa-based beverages, chocolate-based beverages, puffed rice, breakfast cereals, biscuits, wafers, waffles, cakes, pastries, edible ices, ice creams, frozen yogurts, cereal-based snack foods, ready to eat cereal derived food bars, grain-based food bars, bakery goods, flavored and sweetened gelatin desserts, dessert pudding and pudding mixes, cookies, and thickening agents for use in cooking food.
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 032 for Mineral and aerated waters; fruit drinks and fruit juices; non-alcoholic drinks, namely, smoothies; syrups for making beverages; preparations for making beverages, namely, fruit drinks; still or sparkling water; vegetable juices, vegetable drinks, lemonades; soft drinks, namely, sodas; syrups used in the preparation of soft drinks; isotonic drinks; sports drinks; thirst-quenching beverages, namely, soft drinks in liquid, powder and concentrate form; sports drinks, namely, energy drinks, performance drinks and recovery drinks; sports drinks enhanced with minerals and nutrients; powders and concentrates used in the preparation of sports drinks; energy drinks enhanced with minerals; chemical additives as component ingredients of mineral and aerated waters, fruit drinks and fruit juices, non-alcoholic smoothies, syrups for making beverages, preparations for making fruit drinks, still or sparkling water, vegetable juices, vegetable drinks, lemonades, sodas, isotonic drinks, sports drinks, soft drinks in liquid, powder and concentrate form, energy drinks, performance drinks, recovery drinks, sports drinks enhanced with minerals and nutrients, powders and concentrates used in the preparation of sports drinks, energy drinks enhanced with minerals, and syrups used in the preparation of soft drinks
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Mineral and aerated waters; fruit drinks and fruit juices; non-alcoholic drinks, namely, smoothies; syrups for making beverages; preparations for making beverages, namely, fruit drinks; still or sparkling water; vegetable juices, vegetable drinks, lemonades; vegetable juices, vegetable drinks,¶
lemonades; soft drinks, namely, sodas; syrups used in the preparation of soft drinks; isotonic drinks; sports drinks; thirst-quenching beverages, namely, soft drinks in liquid, powder and concentrate form; sports drinks, namely, energy drinks, performance drinks and recovery drinks; sports drinks enhanced with minerals and nutrients; powders and concentrates used in the preparation of sports drinks; energy drinks enhanced with minerals; chemical additives as component ingredients of mineral and aerated waters, fruit drinks and fruit juices, non-alcoholic smoothies, syrups for making beverages, preparations for making fruit drinks, still or sparkling water, vegetable juices, vegetable drinks, lemonades, sodas, isotonic drinks, sports drinks, soft drinks in liquid, powder and concentrate form, energy drinks, performance drinks, recovery drinks, sports drinks enhanced with minerals and nutrients, powders and concentrates used in the preparation of sports drinks, energy drinks enhanced with minerals, and syrups used in the preparation of soft drinks; chemical additives sold as a featured component ingredient of mineral and aerated waters, fruit drinks and fruit juices, non-alcoholic smoothies, syrups for making beverages, preparations for making fruit drinks, still or sparkling water, vegetable juices, vegetable drinks, lemonades, sodas, isotonic drinks, sports drinks, soft drinks in liquid, powder and concentrate form, energy drinks, performance drinks, recovery drinks, sports drinks enhanced with minerals and nutrients, powders and concentrates used in the preparation of sports drinks, energy drinks enhanced with minerals, and syrups used in the preparation of soft drinks.Class 032 for Mineral and aerated waters; fruit drinks and fruit juices; non-alcoholic drinks, namely, smoothies; syrups for making beverages; preparations for making beverages, namely, fruit drinks; still or sparkling water; vegetable juices, vegetable drinks, lemonades; soft drinks, namely, sodas; syrups used in the preparation of soft drinks; isotonic drinks; sports drinks; thirst-quenching beverages, namely, soft drinks in liquid, powder and concentrate form; sports drinks, namely, energy drinks, performance drinks and recovery drinks; sports drinks enhanced with minerals and nutrients; powders and concentrates used in the preparation of sports drinks; energy drinks enhanced with minerals; chemical additives sold as a featured component ingredient of mineral and aerated waters, fruit drinks and fruit juices, non-alcoholic smoothies, syrups for making beverages, preparations for making fruit drinks, still or sparkling water, vegetable juices, vegetable drinks, lemonades, sodas, isotonic drinks, sports drinks, soft drinks in liquid, powder and concentrate form, energy drinks, performance drinks, recovery drinks, sports drinks enhanced with minerals and nutrients, powders and concentrates used in the preparation of sports drinks, energy drinks enhanced with minerals, and syrups used in the preparation of soft drinks.
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Switzerland application number 10388/2019 filed 08/06/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The underlying Swiss application No. 10388/2019 upon which priority has been claimed is still pending and has not yet matured to registration. Accordingly, Applicant respectfully requests that the instant application be suspended until the foreign registration is available. TMEP Section 716.02(b)


SIGNATURE(S)
Response Signature
Signature: /joshuasjarvis/     Date: 01/17/2020
Signatory's Name: Joshua S. Jarvis, Esq.
Signatory's Position: Attorney of record, MA bar member

Signatory's Phone Number: 617-832-1000

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: 88570397
Internet Transmission Date: Fri Jan 17 13:51:06 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020011713510681
8781-88570397-7005a5b5d8376443eb2e06e95e
6f351bb7850162f62548b9b58478aca67b242786
-N/A-N/A-20200117122429434544