Post Publication Amendment

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 1771 (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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88602616 OZO(Standard Characters, see http://uspto.report/TM/88602616/mark.png) has been amended as follows:

EXPLANATION OF FILING
Applicant desires to amend the identification of goods to resolve a potential opposition action. The amendment narrows the identification of goods.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Vegetable-based meat substitutes; prepared meals consisting primarily of meat substitutes; vegetable-based snack foods; vegetable-based raw food bars; vegetable-based spreads; Textured vegetable protein for use as a meat extender; Meat, beef, pork, chicken, poultry, lamb, bison, seafood, not live, fish, not live; Prepared, fresh or frozen food kits composed of meat, beef, pork, chicken, poultry, lamb, bison, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; Prepared or frozen meals consisting primarily of meat, soup, salad and/or vegetables; Fruit and vegetable salads; fresh, frozen, prepared or cooked blended meat and vegetable-based meat substitutes
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-based meat substitutes; prepared meals consisting primarily of meat substitutes; vegetable-based snack foods; vegetable-based raw food bars; vegetable-based spreads; Textured vegetable protein for use as a meat extender; Meat, beef, pork, chicken, poultry, lamb, bison, seafood, not live, fish, not live; Meat, beef, pork, chicken, poultry, lamb, bison; Prepared, fresh or frozen food kits composed of meat, beef, pork, chicken, poultry, lamb, bison, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; Prepared, fresh or frozen food kits composed of meat, beef, pork, chicken, poultry, lamb, bison, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; Prepared or frozen meals consisting primarily of meat, soup, salad and/or vegetables; Fruit and vegetable salads; fresh, frozen, prepared or cooked blended meat and vegetable-based meat substitutes; fresh, frozen, prepared or cooked blended meat and vegetable-based meat substitutes.Class 029 for Vegetable-based meat substitutes; prepared meals consisting primarily of meat substitutes; vegetable-based snack foods; vegetable-based raw food bars; vegetable-based spreads; Textured vegetable protein for use as a meat extender; Meat, beef, pork, chicken, poultry, lamb, bison; Prepared, fresh or frozen food kits composed of meat, beef, pork, chicken, poultry, lamb, bison, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; Prepared or frozen meals consisting primarily of meat, soup, salad and/or vegetables; Fruit and vegetable salads; fresh, frozen, prepared or cooked blended meat and vegetable-based meat substitutes.
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Plumrose USA, Inc., a corporation of Delaware, having an address of
      1770 Promontory Circle
      Greeley, Colorado 80634
      United States

Proposed: The PowerPlants Company, a corporation of Michigan, having an address of
      1770 Promontory Circle
      Greeley, Colorado 80634
      United States

SIGNATURE(S)

Signature: /Kay L. Collins/     Date: 12/30/2019
Signatory's Name: Kay L. Collins
Signatory's Position: Attorney of Record, Colorado Bar Member

Signatory's Phone Number: 9702256700

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: 88602616
Internet Transmission Date: Mon Dec 30 16:18:53 EST 2019
TEAS Stamp: USPTO/PPA-XX.XX.XXX.XX-20191230161853935
412-88602616-700e70ab3fb3add9b2ec7cf7d1a
e1728ccb16233d5438634c781dcddb5a3f859-N/
A-N/A-20191230160313526081