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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88791983 GROWN FOR GOOD MC (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8879198 3/large) has been amended as follows:

EVIDENCE
Evidence has been attached: Office action response and related exhibits.
Original PDF file:
evi_1-20413008-2020102919 2003956052_._MCCORMICK_GR OWN_FOR_GOOD_Logo_Office_ Action_Response_.pdf
Converted PDF file(s) ( 51 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44Evidence-45Evidence-46Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 029 for Soup mixes; dip mixes; processed onions, garlic, peppers and edible seeds; salad toppings, namely, vegetable protein bits having a bacon flavor; dehydrated vegetables; dairy-based food beverage mixes; fruit-based spreads
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: Soup mixes; dip mixes; processed onions, garlic, peppers and edible seeds; processed onions, garlic, peppers and edible seeds, not being seasonings or flavorings; salad toppings, namely, vegetable protein bits having a bacon flavor; salad toppings, namely, formed, textured vegetable protein bits having a bacon flavor for use as a meat substitute; dehydrated vegetables; dairy-based food beverage mixes; fruit-based spreadsClass 029 for Soup mixes; dip mixes; processed onions, garlic, peppers and edible seeds, not being seasonings or flavorings; salad toppings, namely, formed, textured vegetable protein bits having a bacon flavor for use as a meat substitute; dehydrated vegetables; dairy-based food beverage mixes; fruit-based spreads
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 proposes to amend the following:

Current:
Class 030 for Processed herbs, spices, spice blends, seasonings, seasoning blends, and seasoning mixes; seasoning mixes and roasting bags combined in unitary packages; salt, seasoned salt, salt substitutes; pepper, extracts, not essential oils, used as food flavorings; marinades and marinade mixes; seasoned coatings for food, namely, frying mixes, breaders, batters, and batter mixes; gravy mixes; condiments, namely, tartar sauce, seafood cocktail sauce, sauces, excluding apple and cranberry, and sauce mixes; meat tenderizer; spaghetti sauce mix
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: Processed herbs, spices, spice blends, seasonings, seasoning blends, and seasoning mixes; seasoning mixes and roasting bags combined in unitary packages; salt, seasoned salt, salt substitutes; pepper, extracts, not essential oils, used as food flavorings; marinades and marinade mixes; seasoned coatings for food, namely, frying mixes, breaders, batters, and batter mixes; seasoned coatings for food, namely, frying mixes, bread mixes, batters, and batter mixes for fried food; gravy mixes; condiments, namely, tartar sauce, seafood cocktail sauce, sauces, excluding apple and cranberry, and sauce mixes; meat tenderizer; meat tenderizer for household purposes; spaghetti sauce mixClass 030 for Processed herbs, spices, spice blends, seasonings, seasoning blends, and seasoning mixes; seasoning mixes and roasting bags combined in unitary packages; salt, seasoned salt, salt substitutes; pepper, extracts, not essential oils, used as food flavorings; marinades and marinade mixes; seasoned coatings for food, namely, frying mixes, bread mixes, batters, and batter mixes for fried food; gravy mixes; condiments, namely, tartar sauce, seafood cocktail sauce, sauces, excluding apple and cranberry, and sauce mixes; meat tenderizer for household purposes; spaghetti sauce mix
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 proposes to amend the following:

Current:
Class 035 for Preparation of business reports, namely, cooking information reports via a website featuring flavor trends and flavor solutions
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: Preparation of business reports, namely, cooking information reports via a website featuring flavor trends and flavor solutions; Providing business information via a website featuring informational reports regarding flavor trends and flavor solutions for making business decisions; preparing business reports about sustainability initiatives and local community impactClass 035 for Providing business information via a website featuring informational reports regarding flavor trends and flavor solutions for making business decisions; preparing business reports about sustainability initiatives and local community impact
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 proposes to amend the following:

Current:
Class 043 for Providing a database in the field of recipes and cooking information; providing a website featuring information promoting fair trade sustainability practices within food supply chains; business reports about sustainability initiatives and local community impact
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: Providing a database in the field of recipes and cooking information; providing a website featuring information promoting fair trade sustainability practices within food supply chains; providing a website featuring information about how to promote fair trade and sustainability practices within food supply chains; business reports about sustainability initiatives and local community impactClass 043 for Providing a database in the field of recipes and cooking information; providing a website featuring information about how to promote fair trade and sustainability practices within food supply chains; business reports about sustainability initiatives and local community impact
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: McCormick & Company, Incorporated, a corporation of Maryland, having an address of
      24 Schilling Road, Suite 1
      Hunt Valley, Maryland 21031
      United States

Proposed: McCormick & Company, Incorporated, a corporation of Maryland, having an address of
      24 Schilling Road, Suite 1
      Hunt Valley, Maryland 21031
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the words "GROWN FOR GOOD" in an arch, with single shaded leaves below the "G" in "GROWN" and the "D" in "GOOD," above a shaded circle featuring a stylized hand below three shaded leaves, all above the letters "MC" in stylized lettering with the top of the letter "M" overlapping the bottom of the shaded circle in an unshaded rectangular cut-out. The colors black, white, and/or gray represent background, outlining, shading, and/or transparent area and is/are not part of the mark.
Correspondence Information (current):
      JENNIFER LEE TAYLOR
      PRIMARY EMAIL FOR CORRESPONDENCE: TMDocket@mofo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): JTaylor@mofo.com

The docket/reference number is 274149366000.
Correspondence Information (proposed):
      Jennifer Lee Taylor
      PRIMARY EMAIL FOR CORRESPONDENCE: TMDocket@mofo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): JFinley@mofo.com; KSamia@mofo.com

The docket/reference number is 274149366000.

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: /Joyce Liou/     Date: 10/29/2020
Signatory's Name: Joyce Liou
Signatory's Position: Attorney of record, California Bar member

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:    JENNIFER LEE TAYLOR
   MORRISON & FOERSTER LLP
   
   425 MARKET STREET
   SAN FRANCISCO, California 94105
Mailing Address:    Jennifer Lee Taylor
   MORRISON & FOERSTER LLP
   425 MARKET STREET
   SAN FRANCISCO, California 94105
        
Serial Number: 88791983
Internet Transmission Date: Thu Oct 29 19:48:39 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-202010291948393253
77-88791983-7506f340ea624a8bc592174a2e79
c7d6f86a6d863efafd81bb5b7c505dd0e35669-N
/A-N/A-20201029192003956052