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)

---

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. 88800212 TMRW(Standard Characters, see http://uspto.report/TM/88800212/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 029 for Plant-based meat substitutes; plant-based dairy substitutes; prepared meals primarily consisting of plant-based foods
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: Plant-based meat substitutes; plant-based dairy substitutes; plant-based dairy substitutes, namely, plant-based milk substitutes, plant-based yoghurt substitutes, plant-based cheese substitutes, plant-based butter substitutes, plant-based dairy spread substitutes and plant-based dairy beverage substitutes; prepared meals primarily consisting of plant-based foods; prepared meals consisting primarily of plant-based meat substitutes; prepared meals consisting primarily of plant-based dairy substitutes, namely, plant-based milk substitutes, plant-based yoghurt substitutes, plant-based cheese substitutes, plant-based butter substitutes, plant-based dairy spread substitutes and plant-based dairy beverage substitutesClass 029 for Plant-based meat substitutes; plant-based dairy substitutes, namely, plant-based milk substitutes, plant-based yoghurt substitutes, plant-based cheese substitutes, plant-based butter substitutes, plant-based dairy spread substitutes and plant-based dairy beverage substitutes; prepared meals consisting primarily of plant-based meat substitutes; prepared meals consisting primarily of plant-based dairy substitutes, namely, plant-based milk substitutes, plant-based yoghurt substitutes, plant-based cheese substitutes, plant-based butter substitutes, plant-based dairy spread substitutes and plant-based dairy beverage 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.
Correspondence Information (current):
      RYAN DEAN
      PRIMARY EMAIL FOR CORRESPONDENCE: rdean@umbergzipser.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@umbergzipser.com

The docket/reference number is 104220.0001U.
Correspondence Information (proposed):
      Ryan Dean
      PRIMARY EMAIL FOR CORRESPONDENCE: rdean@umbergzipser.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@umbergzipser.com

The docket/reference number is 104220.0001U.

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: /Ryan Dean/     Date: 07/08/2020
Signatory's Name: Ryan Dean
Signatory's Position: Attorney of record

Signatory's Phone Number: 9496790052

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:    RYAN DEAN
   UMBERG ZIPSER LLP
   
   1920 MAIN STREET, SUITE 750
   IRVINE, California 92614
Mailing Address:    Ryan Dean
   UMBERG ZIPSER LLP
   1920 MAIN STREET, SUITE 750
   IRVINE, California 92614
        
Serial Number: 88800212
Internet Transmission Date: Wed Jul 08 12:17:50 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20200708121750440
724-88800212-71036de17efd31d9e25f2c4d4db
ecb0929dc557e4ddfb5fff4cf01be137123f8cc9
-N/A-N/A-20200708121233269747