Preliminary 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 1966 (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 1966 (Rev 10/2011)

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

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88766046 DUO(Standard Characters, see http://uspto.report/TM/88766046/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 007 for Machines, machine tools, power-operated tools; Motors and engines, except for land vehicles; Machine coupling and transmission components, except for land vehicles; Agricultural implements, other than hand-operated hand tools; Incubators for eggs; Automatic vending machines; Electric milk makers, electric soya makers, and electric milk frothers; electric food blenders; electric hand held food blenders; electric food blenders, namely, soup makers; electric mixers for household purposes; aerated beverage making machines; electric coffee grinders and mills, electric spice grinders, and parts and fittings therefor; Electric kitchen tools; Electric food preparation machines; Machines used in processing food; Machines for slicing food (industrial); Electric food choppers; Vegetable choppers (machines); Meat choppers (machines); Meat cutters (electric machines); Meat grinders (electric machines); Meat mincers (machines); Bread cutting machines; Machines for whipping foods (electric, household); Peeling machines; Food grinders, electric; Electric pepper mills; Electric salt mills; Crushers for kitchen use, electric; Electric graters; Dough kneading machines; Electric beaters (machines); Electric fruit peelers; Electric fruit presses for household use; Butter making machines; Cheese making machines; Electric juicers; beverage making machines; machines for making pasta; parts and fittings for all the aforesaid goods
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: Class 007 for Machines, machine tools, power-operated tools; Motors and engines, except for land vehicles; Machine coupling and transmission components, except for land vehicles; Agricultural implements, other than hand-operated hand tools; Incubators for eggs; Automatic vending machines; Electric milk makers, electric soya makers, and electric milk frothers; electric food blenders; electric hand held food blenders; electric food blenders, namely, soup makers; electric mixers for household purposes; aerated beverage making machines; electric coffee grinders and mills, electric spice grinders, and parts and fittings therefor; Electric kitchen tools; Electric food preparation machines; Machines used in processing food; Machines for slicing food (industrial); Electric food choppers; Vegetable choppers (machines); Meat choppers (machines); Meat cutters (electric machines); Meat grinders (electric machines); Meat mincers (machines); Bread cutting machines; Machines for whipping foods (electric, household); Peeling machines; Food grinders, electric; Electric pepper mills; Electric salt mills; Crushers for kitchen use, electric; Electric graters; Dough kneading machines; Electric beaters (machines); Electric fruit peelers; Electric fruit presses for household use; Butter making machines; Cheese making machines; Electric juicers; beverage making machines; machines for making pasta; parts and fittings for all the aforesaid goods
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 [ Canada application number 2007063 filed 01/20/2020]. 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 011 for Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes; Electric pressure cooker; electric cooking ovens for household purposes; microwave ovens; toasters; toaster ovens; electric grills; electric kettles; electric milk makers for crushing nuts, beans and grains to produce milk-like liquids; electric soya and nut milk makers; electric rice cookers; constant temperature circulators, immersion circulators, and thermal circulators for small household appliances; electric appliances for making yogurt; bread making machines; roasters; coffee machines; deep fryers; electric food mixers; electric drink mixers; electric food choppers; food blenders and food processors for household purposes; food dehydrators; ice cream makers; bread makers; electric rice cookers; induction hobs; grillers; electric popcorn makers, and parts and fittings therefor; Cooking apparatus; Cooking installations; Appliances for cooking foodstuffs; Electric cooking utensils; Food warmers; Food steamers, electric; Electric cookers; Steam cookers; Cookers incorporating grills; Hot plates for cooking; Electric pans; Electric frying pans; Egg cookers; Electric ramen noodle cookers; Stands adapted for cookers; barbecue apparatus; beverage cooling apparatus; electric sous-vide cookers; slow cookers; waffle irons; parts and fittings for all the aforesaid goods
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: Class 011 for Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes; Electric pressure cooker; electric cooking ovens for household purposes; microwave ovens; toasters; toaster ovens; electric grills; electric kettles; electric milk makers for crushing nuts, beans and grains to produce milk-like liquids; electric soya and nut milk makers; electric rice cookers; constant temperature circulators, immersion circulators, and thermal circulators for small household appliances; electric appliances for making yogurt; bread making machines; roasters; coffee machines; deep fryers; electric food mixers; electric drink mixers; electric food choppers; food blenders and food processors for household purposes; food dehydrators; ice cream makers; bread makers; electric rice cookers; induction hobs; grillers; electric popcorn makers, and parts and fittings therefor; Cooking apparatus; Cooking installations; Appliances for cooking foodstuffs; Electric cooking utensils; Food warmers; Food steamers, electric; Electric cookers; Steam cookers; Cookers incorporating grills; Hot plates for cooking; Electric pans; Electric frying pans; Egg cookers; Electric ramen noodle cookers; Stands adapted for cookers; barbecue apparatus; beverage cooling apparatus; electric sous-vide cookers; slow cookers; waffle irons; parts and fittings for all the aforesaid goods
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 [ Canada application number 2007063 filed 01/20/2020]. 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.

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: /Justin Rand/      Date: 02/11/2020
Signatory's Name: Justin Rand
Signatory's Position: Assistant General Counsel--IP
Signatory's Phone Number: 8472338561


Voluntary Amendment Signature
Signature: /sm espenshade/     Date: 02/11/2020
Signatory's Name: Steven M. Espenshade
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 512-482-5242

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: 88766046
Internet Transmission Date: Tue Feb 11 13:22:34 EST 2020
TEAS Stamp: USPTO/PRA-XXX.XXX.XXX.XX-202002111322340
81925-88766046-700112ec965dea6536af93537
a33634928c2f907a5cdc7f4a749480664d462336
-N/A-N/A-20200128164450258003