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. 88586077 FOODIE BODY(Standard Characters, see http://uspto.report/TM/88586077/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 029 for Meat, fish, poultry and game; preserved, frozen, dried and cooked fruits and vegetables; both by themselves and as part of prepared meals or meal kits
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 05/17/2016 and first used in commerce at least as early as 05/17/2016 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Meat, fish, poultry and game; preserved, frozen, dried and cooked fruits and vegetables; both by themselves and as part of prepared meals or meal kits; prepared meals consisting primarily of meat, fish, poultry, and game; prepared meals consisting primarily of vegetables; and prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a mealClass 029 for Meat, fish, poultry and game; preserved, frozen, dried and cooked fruits and vegetables; prepared meals consisting primarily of meat, fish, poultry, and game; prepared meals consisting primarily of vegetables; and prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal
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 05/17/2016 and first used in commerce at least as early as 05/17/2016 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 030 for Rice, pasta, noodles, cereals, bread, pastries and confectionaries, sauces and other condiments, salt and seasonings
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 05/17/2016 and first used in commerce at least as early as 05/17/2016 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Rice, pasta, noodles, cereals, bread, pastries and confectionaries, sauces and other condiments, salt and seasonings; Rice, pasta, noodles, processed cereals, bread, pastries and confectionaries, namely, candy and chocolate; sauces and savory sauces used as condiments, salt and seasoningsClass 030 for Rice, pasta, noodles, processed cereals, bread, pastries and confectionaries, namely, candy and chocolate; sauces and savory sauces used as condiments, salt and seasonings
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 05/17/2016 and first used in commerce at least as early as 05/17/2016 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 035 for Online comparison search engine for food and nutrition information
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 05/17/2016 and first used in commerce at least as early as 05/17/2016 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Online comparison search engine for food and nutrition information; Shopping facilitation services, namely, providing an online comparison-shopping search engine for obtaining purchasing information about food and nutritionClass 035 for Shopping facilitation services, namely, providing an online comparison-shopping search engine for obtaining purchasing information about food and nutrition
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 05/17/2016 and first used in commerce at least as early as 05/17/2016 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 042 for Hosting an on-line community for food and nutrition information
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: Hosting an on-line community for food and nutrition information; Hosting an on-line community web site featuring information about food and nutritionClass 042 for Hosting an on-line community web site featuring information about food and nutrition
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SimpsX Technologies LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      248 Bryn Mawr Circle
      Houston, Texas 77024
      United States

Proposed: SimpsX Technologies LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      248 Bryn Mawr Circle
      Houston, Texas 77024
      United States
      Email Address: XXXX

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

Correspondence Information (current):
      ARI PRAMUDJI
      PRIMARY EMAIL FOR CORRESPONDENCE: ari.pramudji@pro-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): paralegal@pro-ip.com; monica.owens@pro-ip.com

The docket/reference number is SIMX0028.
Correspondence Information (proposed):
      Ari Pramudji
      PRIMARY EMAIL FOR CORRESPONDENCE: ari.pramudji@pro-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): paralegal@pro-ip.com; sarah.frankfort@pro-ip.com

The docket/reference number is SIMX0028.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Ari Pramudji/     Date: 05/19/2020
Signatory's Name: Ari Pramudji
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: (713) 468-4600

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:    ARI PRAMUDJI
   PRAMUDJI LAW GROUP PLLC
   
   800 GESSNER, SUITE 975
   HOUSTON, Texas 77024
Mailing Address:    Ari Pramudji
   PRAMUDJI LAW GROUP PLLC
   800 GESSNER, SUITE 975
   HOUSTON, Texas 77024
        
Serial Number: 88586077
Internet Transmission Date: Tue May 19 18:24:33 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020051918243379
3471-88586077-710c813addd06f1c68f8f018be
a1f1973702c68f0c8ab281b2cbffe4196d5db7-N
/A-N/A-20200511201520767407