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. 88735391 SUSTAINABOWL(Standard Characters, see http://uspto.report/TM/88735391/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Films for wrapping foods; Films for wrapping foodstuffs; Packages (wrapping materials); Wrapping materials made of cellulose; Containers of fibre for the shipping of food products; Containers of fibre for the storage of food products; Containers of pulp for the shipping of food products; Containers of pulp for the storage of food products; Packaging containers of card; Packaging containers of cardboard; Packaging containers of paper; Packaging containers of regenerated cellulose; Biodegradable packaging; Compostable packaging; Humidity control sheets of paper or plastic for foodstuff packaging; Lining papers for packaging; Packages (packaging materials); Packaging material made of starches; Packaging materials for use in sending samples of goods; Bags for microwave cooking; Bags for packaging food for cooking; Biodegradable bags; Cellulose bags for use in microwave cooking; Compostable bags; Packaging bags of paper; Packaging bags of plastic
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[ Australia application number 2032533 filed 08/30/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Films for wrapping foods; Wrapping materials made of cellulose; Films for wrapping foodstuffs; Wrapping materials of bagasse; Packages (wrapping materials); Containers of cellulose fibre for the shipping of food products; Containers of bagasse fibre for the shipping of food products; Containers of fibre for the shipping of food products; Containers of cellulose fibre for the storage of food products; Containers of fibre for the storage of food products; Containers of bagasse fibre for the storage of food products; Containers of pulp for the shipping of food products; Containers of cellulose pulp for the shipping of food products; Containers of pulp for the storage of food products; Containers of bagasse pulp for the shipping of food products; Packaging containers of card; Containers of cellulose pulp for the storage of food products; Containers of bagasse pulp for the storage of food products; Packaging containers of cardboard; Packaging containers of paper; Biodegradable packaging; Packaging containers of regenerated cellulose; Compostable packaging; Biodegradable cellulose packaging; Humidity control sheets of paper or plastic for foodstuff packaging; Biodegradable bagasse packaging; Compostable cellulose packaging; Packages (packaging materials); Compostable bagasse packaging; Packaging material made of starches; Humidity control sheets of paper for foodstuff packaging; Packaging materials for use in sending samples of goods; Lining papers for packaging; Packaging materials made of cellulose; Bags for packaging food for cooking; Packaging materials made of bagasse; Biodegradable bags; Packaging material made of cellulose starches; Packaging material made of bagasse starches; Compostable bags; Packaging materials made of cellulose for use in sending samples of goods; Packaging bags of paper; Packaging materials made of bagasse for use in sending samples of goods; Packaging bags of plastic; Bags for microwave cooking; Paper bags for packaging food for cooking; Biodegradable cellulose bags; Biodegradable bagasse bags; Cellulose bags for use in microwave cooking; Compostable cellulose bags; Compostable bagasse bags; Packaging bags of paper.Class 016 for Wrapping materials made of cellulose; Wrapping materials of bagasse; Containers of cellulose fibre for the shipping of food products; Containers of bagasse fibre for the shipping of food products; Containers of cellulose fibre for the storage of food products; Containers of bagasse fibre for the storage of food products; Containers of cellulose pulp for the shipping of food products; Containers of bagasse pulp for the shipping of food products; Containers of cellulose pulp for the storage of food products; Containers of bagasse pulp for the storage of food products; Packaging containers of cardboard; Packaging containers of paper; Packaging containers of regenerated cellulose; Biodegradable cellulose packaging; Biodegradable bagasse packaging; Compostable cellulose packaging; Compostable bagasse packaging; Humidity control sheets of paper for foodstuff packaging; Lining papers for packaging; Packaging materials made of cellulose; Packaging materials made of bagasse; Packaging material made of cellulose starches; Packaging material made of bagasse starches; Packaging materials made of cellulose for use in sending samples of goods; Packaging materials made of bagasse for use in sending samples of goods; Bags for microwave cooking; Paper bags for packaging food for cooking; Biodegradable cellulose bags; Biodegradable bagasse bags; Cellulose bags for use in microwave cooking; Compostable cellulose bags; Compostable bagasse bags; Packaging bags of paper.
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 [ Australia application number 2032533 filed 08/30/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 2032533 registered 08/30/2019 with a renewal date of __________ and an expiration date of 08/30/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-6520724-101252721_._ OWL_Certificate_of_Regist ration_Trade_Mark_2032533 _Australia.pdf
Converted PDF file(s) ( 2 pages) Foreign Registration-1Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following:

Current:
Class 029 for Casseroles (prepared meal of meat or vegetables); Chilled meals made from fish; Chilled meals made from meat; Chilled meals made from poultry; Cooked meals consisting principally of fish; Cooked meals consisting principally of meat; Cooked meals consisting principally of meat and vegetables; Cooked meals consisting principally of poultry; Cooked meals consisting principally of seafood; Cooked meals consisting principally of vegetables; Curry (prepared meals with or without rice); Fish meal for human consumption; Frozen prepared meals consisting principally of fish; Frozen prepared meals consisting principally of meat; Frozen prepared meals consisting principally of poultry; Frozen prepared meals consisting principally of vegetables; Prepared meals consisting principally of chicken; Prepared meals consisting principally of fish; Prepared meals consisting principally of game; Prepared meals consisting principally of meat; Prepared meals consisting principally of mushrooms; Prepared meals consisting principally of poultry; Prepared meals consisting principally of seafood; Prepared meals consisting principally of tofu; Prepared meals consisting principally of vegetables; Prepared meals consisting wholly or principally of potatoes; Prepared meals containing principally potato; Prepared meals made from fruit (fruit predominating); Prepared meals made from meat (meat predominating); Prepared meals made from poultry (poultry predominating); Prepared meals made of eggs (eggs predominating); Prepared meals made principally of cheese; Prepared meals, predominantly of meat or vegetables; Prepared fish-based dishes; Prepared poultry; Prepared vegetables; Cooked meat; Cooked vegetables; Meat; Onion products; Edible seeds; Processed sesame seeds for human consumption; Seeds prepared for human consumption; Poultry, not live; Preserved poultry; Vegetable based meat substitutes; Vegetables (processed); Processed seafood; Stews; Beans, preserved
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[ Australia application number 2032533 filed 08/30/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Casseroles (prepared meal of meat or vegetables); Casseroles, namely, prepared casserole meals consisting primarily of meat or vegetables; Chilled meals made from fish; Casseroles, namely, ready-to-heat-and-eat casserole meals consisting primarily of meat or vegetables; Chilled meals made from meat; Chilled prepared meals consisting primarily of fish; Chilled meals made from poultry; Chilled ready-to-heat-and-eat meals consisting primarily of fish; Cooked meals consisting principally of fish; Chilled prepared meals consisting primarily of meat; Cooked meals consisting principally of meat; Chilled ready-to-heat-and-eat meals consisting primarily of meat; Cooked meals consisting principally of meat and vegetables; Chilled prepared meals consisting primarily of poultry; Cooked meals consisting principally of poultry; Chilled ready-to-heat-and-eat meals consisting primarily of poultry; Cooked meals consisting principally of seafood; Cooked prepared meals consisting principally of fish; Cooked meals consisting principally of vegetables; Cooked ready-to-heat-and-eat meals consisting principally of fish; Curry (prepared meals with or without rice); Cooked prepared meals consisting principally of meat; Fish meal for human consumption; Cooked ready-to-heat-and-eat meals consisting principally of meat; Cooked prepared meals consisting principally of meat and vegetables; Cooked ready-to-heat-and-eat meals consisting principally of meat and vegetables; Cooked prepared meals consisting principally of poultry; Cooked ready-to-heat-and-eat meals consisting principally of poultry; Cooked prepared meals consisting principally of seafood; Cooked ready-to-heat-and-eat meals consisting principally of seafood; Cooked prepared meals consisting principally of vegetables; Cooked ready-to-heat-and-eat meals consisting principally of vegetables; Curry, namely, prepared curry meals consisting primarily of meat and also including rice; Curry, namely, prepared curry meals consisting primarily of fish and also including rice; Curry, namely, prepared curry meals consisting primarily of vegetables and also including rice; Curry, namely, ready-to-heat-and-eat curry meals consisting primarily of meat and also including rice; Curry, namely, ready-to-heat-and-eat curry meals consisting primarily of fish and also including rice; Curry, namely, ready-to-heat-and-eat curry meals consisting primarily of vegetables and also including rice; prepared meals for human consumption consisting primarily of fish; Prepared meals made from fruit (fruit predominating); Ready-to-heat-and-eat meals for human consumption consisting primarily of fish; Prepared meals made from meat (meat predominating); Frozen prepared meals consisting principally of fish; Prepared meals made from poultry (poultry predominating); Frozen, ready-to-heat-and-eat meals consisting principally of fish; Prepared meals made of eggs (eggs predominating); Frozen prepared meals consisting principally of meat; Frozen ready-to-heat-and-eat meals consisting principally of meat; Frozen prepared meals consisting principally of poultry; Prepared fish-based dishes; Frozen ready-to-heat-and-eat meals consisting principally of poultry; Frozen prepared meals consisting principally of vegetables; Frozen ready-to-heat-and-eat meals consisting principally of vegetables; Prepared meals consisting principally of chicken; Ready-to-heat-and-eat meals consisting principally of chicken; Prepared meals consisting principally of fish; Onion products; Ready-to-heat-and-eat meals consisting principally of fish; Edible seeds; Prepared meals consisting principally of game; Processed sesame seeds for human consumption; Ready-to-heat-and-eat meals consisting principally of game; Seeds prepared for human consumption; Prepared meals consisting principally of meat; Ready-to-heat-and-eat meals consisting principally of meat; Prepared meals consisting principally of mushrooms; Ready-to-heat-and-eat meals consisting principally of mushrooms; Vegetables (processed); Prepared meals consisting principally of poultry; Ready-to-heat-and-eat meals consisting principally of poultry; Prepared meals consisting principally of seafood; Beans, preserved; Ready-to-heat-and-eat meals consisting principally of seafood; Prepared meals consisting principally of tofu; Ready-to-heat-and-eat meals consisting principally of tofu; Prepared meals consisting principally of vegetables; Ready-to-heat-and-eat meals consisting principally of vegetables; Prepared meals consisting wholly or principally of potatoes; Ready-to-heat-and-eat meals consisting wholly or principally of potatoes; Prepared meals containing principally potato; Ready-to-heat-and-eat meals containing principally potato; Prepared meals consisting primarily of fruit; Ready-to-heat-and-eat meals consisting primarily of fruit; Prepared meals consisting primarily of meat; Ready-to-heat-and-eat meals consisting primarily of meat; Prepared meals consisting primarily of poultry; Ready-to-heat-and-eat meals consisting primarily of poultry; Prepared meals consisting primarily of eggs; Ready-to-heat-and-eat meals consisting primarily of eggs; Prepared meals made principally of cheese; Ready-to-heat-and-eat meals consisting principally of cheese; Prepared meals, predominantly of meat or vegetables; Ready-to-heat-and-eat meals, predominantly of meat or vegetables; Prepared dishes consisting primarily of fish; Ready-to-heat-and-eat dishes consisting primarily of fish; Prepared poultry; Prepared vegetables; Cooked meat; Cooked vegetables; Meat; Onion products, namely, processed onions; processed edible seeds, not being seasonings or flavorings; Processed sesame seeds, not being seasonings or flavorings, for human consumption; processed edible seeds, not being seasonings or flavorings, prepared for human consumption; Poultry, not live; Preserved poultry; Vegetable based meat substitutes; processed vegetables; Processed seafood; Stews; Beans, preserved.Class 029 for Casseroles, namely, prepared casserole meals consisting primarily of meat or vegetables; Casseroles, namely, ready-to-heat-and-eat casserole meals consisting primarily of meat or vegetables; Chilled prepared meals consisting primarily of fish; Chilled ready-to-heat-and-eat meals consisting primarily of fish; Chilled prepared meals consisting primarily of meat; Chilled ready-to-heat-and-eat meals consisting primarily of meat; Chilled prepared meals consisting primarily of poultry; Chilled ready-to-heat-and-eat meals consisting primarily of poultry; Cooked prepared meals consisting principally of fish; Cooked ready-to-heat-and-eat meals consisting principally of fish; Cooked prepared meals consisting principally of meat; Cooked ready-to-heat-and-eat meals consisting principally of meat; Cooked prepared meals consisting principally of meat and vegetables; Cooked ready-to-heat-and-eat meals consisting principally of meat and vegetables; Cooked prepared meals consisting principally of poultry; Cooked ready-to-heat-and-eat meals consisting principally of poultry; Cooked prepared meals consisting principally of seafood; Cooked ready-to-heat-and-eat meals consisting principally of seafood; Cooked prepared meals consisting principally of vegetables; Cooked ready-to-heat-and-eat meals consisting principally of vegetables; Curry, namely, prepared curry meals consisting primarily of meat and also including rice; Curry, namely, prepared curry meals consisting primarily of fish and also including rice; Curry, namely, prepared curry meals consisting primarily of vegetables and also including rice; Curry, namely, ready-to-heat-and-eat curry meals consisting primarily of meat and also including rice; Curry, namely, ready-to-heat-and-eat curry meals consisting primarily of fish and also including rice; Curry, namely, ready-to-heat-and-eat curry meals consisting primarily of vegetables and also including rice; prepared meals for human consumption consisting primarily of fish; Ready-to-heat-and-eat meals for human consumption consisting primarily of fish; Frozen prepared meals consisting principally of fish; Frozen, ready-to-heat-and-eat meals consisting principally of fish; Frozen prepared meals consisting principally of meat; Frozen ready-to-heat-and-eat meals consisting principally of meat; Frozen prepared meals consisting principally of poultry; Frozen ready-to-heat-and-eat meals consisting principally of poultry; Frozen prepared meals consisting principally of vegetables; Frozen ready-to-heat-and-eat meals consisting principally of vegetables; Prepared meals consisting principally of chicken; Ready-to-heat-and-eat meals consisting principally of chicken; Prepared meals consisting principally of fish; Ready-to-heat-and-eat meals consisting principally of fish; Prepared meals consisting principally of game; Ready-to-heat-and-eat meals consisting principally of game; Prepared meals consisting principally of meat; Ready-to-heat-and-eat meals consisting principally of meat; Prepared meals consisting principally of mushrooms; Ready-to-heat-and-eat meals consisting principally of mushrooms; Prepared meals consisting principally of poultry; Ready-to-heat-and-eat meals consisting principally of poultry; Prepared meals consisting principally of seafood; Ready-to-heat-and-eat meals consisting principally of seafood; Prepared meals consisting principally of tofu; Ready-to-heat-and-eat meals consisting principally of tofu; Prepared meals consisting principally of vegetables; Ready-to-heat-and-eat meals consisting principally of vegetables; Prepared meals consisting wholly or principally of potatoes; Ready-to-heat-and-eat meals consisting wholly or principally of potatoes; Prepared meals containing principally potato; Ready-to-heat-and-eat meals containing principally potato; Prepared meals consisting primarily of fruit; Ready-to-heat-and-eat meals consisting primarily of fruit; Prepared meals consisting primarily of meat; Ready-to-heat-and-eat meals consisting primarily of meat; Prepared meals consisting primarily of poultry; Ready-to-heat-and-eat meals consisting primarily of poultry; Prepared meals consisting primarily of eggs; Ready-to-heat-and-eat meals consisting primarily of eggs; Prepared meals made principally of cheese; Ready-to-heat-and-eat meals consisting principally of cheese; Prepared meals, predominantly of meat or vegetables; Ready-to-heat-and-eat meals, predominantly of meat or vegetables; Prepared dishes consisting primarily of fish; Ready-to-heat-and-eat dishes consisting primarily of fish; Prepared poultry; Prepared vegetables; Cooked meat; Cooked vegetables; Meat; Onion products, namely, processed onions; processed edible seeds, not being seasonings or flavorings; Processed sesame seeds, not being seasonings or flavorings, for human consumption; processed edible seeds, not being seasonings or flavorings, prepared for human consumption; Poultry, not live; Preserved poultry; Vegetable based meat substitutes; processed vegetables; Processed seafood; Stews; Beans, preserved.
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 [ Australia application number 2017950 filed 07/04/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 2017950 registered 07/04/2019 with a renewal date of __________ and an expiration date of 07/04/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-6520724-101252721_._ _30_Certificate_of_Regist ration_Trade_Mark_2017950 _Australia.pdf
Converted PDF file(s) ( 2 pages) Foreign Registration-1Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following:

Current:
Class 030 for Frozen meals consisting primarily of pasta; Frozen meals consisting primarily of rice; Meals made predominantly from rice, pasta or noodles; Noodle-based prepared meals; Prepared meals containing (principally) pasta; Prepared meals containing (principally) rice; Prepared meals in the form of pizzas; Prepared pasta meals; Prepared pizza meals; Cooking sauces; Mixes for preparing sauces; Sauces (condiments); Savoury sauces; Simmer sauces; Stir fry sauces; Instant rice; Prepared rice dishes; Rice; Pasta; Instant noodles; Noodles; Dried herbs (seasonings); Preserved herbs (seasonings); Processed seeds for use as a seasoning; Sesame seeds (seasonings); Spice preparations; Spices; Risotto; Processed grains for culinary purposes; Processed quinoa
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[ Australia application number 2032533 filed 08/30/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Frozen meals consisting primarily of pasta; Frozen ready-to-heat-and-eat meals consisting primarily of pasta; Frozen meals consisting primarily of rice; Frozen ready-to-heat-and-eat meals consisting primarily of rice; Prepared meals containing (principally) pasta; Meals made predominantly from rice, pasta or noodles; Prepared meals containing (principally) rice; Noodle-based prepared meals; Noodle-based ready-to-heat-and-eat meals; Prepared meals consisting primarily of pasta; Ready-to-heat-and-eat meals consisting primarily of pasta; Prepared meals consisting primarily of rice; Ready-to-heat-and-eat meals consisting primarily of rice; Sauces (condiments); Prepared meals in the form of pizzas; Ready-to-heat-and-eat meals in the form of pizzas; Prepared pasta meals; Ready-to-heat-and-eat pasta meals; Prepared pizza meals; Ready-to-heat-and-eat pizza meals; Cooking sauces; Mixes for preparing sauces; Sauces used as condiments; Savoury sauces; Dried herbs (seasonings); Simmer sauces; Preserved herbs (seasonings); Stir fry sauces; Instant rice; Sesame seeds (seasonings); Prepared rice dishes; Spice preparations; Ready-to-heat-and-eat rice dishes; Rice; Pasta; Instant noodles; Processed quinoa; Noodles; Dried herbs used as seasonings; Preserved herbs used as seasonings; Processed seeds for use as a seasoning; Sesame seeds for use as seasonings; Spice preparations, namely, spice blends; Spices; Risotto; Processed grains for culinary purposes; Processed quinoa.Class 030 for Frozen meals consisting primarily of pasta; Frozen ready-to-heat-and-eat meals consisting primarily of pasta; Frozen meals consisting primarily of rice; Frozen ready-to-heat-and-eat meals consisting primarily of rice; Meals made predominantly from rice, pasta or noodles; Noodle-based prepared meals; Noodle-based ready-to-heat-and-eat meals; Prepared meals consisting primarily of pasta; Ready-to-heat-and-eat meals consisting primarily of pasta; Prepared meals consisting primarily of rice; Ready-to-heat-and-eat meals consisting primarily of rice; Prepared meals in the form of pizzas; Ready-to-heat-and-eat meals in the form of pizzas; Prepared pasta meals; Ready-to-heat-and-eat pasta meals; Prepared pizza meals; Ready-to-heat-and-eat pizza meals; Cooking sauces; Mixes for preparing sauces; Sauces used as condiments; Savoury sauces; Simmer sauces; Stir fry sauces; Instant rice; Prepared rice dishes; Ready-to-heat-and-eat rice dishes; Rice; Pasta; Instant noodles; Noodles; Dried herbs used as seasonings; Preserved herbs used as seasonings; Processed seeds for use as a seasoning; Sesame seeds for use as seasonings; Spice preparations, namely, spice blends; Spices; Risotto; Processed grains for culinary purposes; Processed quinoa.
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 [ Australia application number 2017950 filed 07/04/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 2017950 registered 07/04/2019 with a renewal date of __________ and an expiration date of 07/04/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-6520724-101252721_._ _30_Certificate_of_Regist ration_Trade_Mark_2017950 _Australia.pdf
Converted PDF file(s) ( 2 pages) Foreign Registration-1Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Flavour Makers IP Holding Pty Ltd a(n) company limited by shares, legally organized under the laws of Australia, having an address of
      91-97 Woodlands Drive
      Braeside, VIC, 3195
      Australia

Proposed: Flavour Makers IP Holding Pty Ltd, proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
      91-97 Woodlands Drive
      Braeside, VIC, 3195
      Australia
      Email Address: XXXX
Correspondence Information (current):
      CHRISTIE BATY HUDGINS
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@finnegan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 9818.0041.
Correspondence Information (proposed):
      Christie Baty Hudgins
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@finnegan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 9818.0041.

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)
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: /Christie Baty Hudgins/      Date: 09/24/2020
Signatory's Name: Christie Baty Hudgins
Signatory's Position: Attorney of record, DC Bar member
Signatory's Phone Number: 202-408-4000


Response Signature
Signature: /Christie Baty Hudgins/     Date: 09/24/2020
Signatory's Name: Christie Baty Hudgins
Signatory's Position: Attorney of record, DC Bar member

Signatory's Phone Number: 202-408-4000

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:    CHRISTIE BATY HUDGINS
   FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP
   
   901 NEW YORK AVENUE NW
   WASHINGTON, District of Columbia 20001
Mailing Address:    Christie Baty Hudgins
   FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP
   901 NEW YORK AVENUE NW
   WASHINGTON, District of Columbia 20001
        
Serial Number: 88735391
Internet Transmission Date: Thu Sep 24 16:04:28 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2020092416042841354
6-88735391-750fedc56ae866f99bcd183aa66b4
a58d66c940a9a487f52fb5546b82e738349fd-N/
A-N/A-20200915101252721001