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. 88810681 COOK ANYTHING, ANYTIME, ANYWHERE(Standard Characters, see http://uspto.report/TM/88810681/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 011 for outdoor cooking stations; fitted covers for outdoor cooking stations; bags specially adapted for holding or carrying components of outdoor cooking stations and cooking utensils; portable cooking carts specially adapted for outdoor cooking and storing outdoor cooking equipment and accessories
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: outdoor cooking stations; outdoor cooking stations, namely, outdoor gas grills, outdoor gas-powered griddles, outdoor gas cooking ovens for household purposes, outdoor barbeque smokers, outdoor charcoal grills, and outdoor electric griddles; fitted covers for outdoor cooking stations; fitted covers specially adapted for outdoor cooking stations, namely, outdoor gas grills, outdoor gas-powered griddles, outdoor gas cooking ovens for household purposes, outdoor barbeque smokers, outdoor charcoal grills, and outdoor electric griddles; bags specially adapted for holding or carrying components of outdoor cooking stations and cooking utensils; bags specially adapted for holding or carrying cooking implements and cooking utensils; portable cooking carts specially adapted for outdoor cooking and storing outdoor cooking equipment and accessoriesClass 011 for outdoor cooking stations, namely, outdoor gas grills, outdoor gas-powered griddles, outdoor gas cooking ovens for household purposes, outdoor barbeque smokers, outdoor charcoal grills, and outdoor electric griddles; fitted covers specially adapted for outdoor cooking stations, namely, outdoor gas grills, outdoor gas-powered griddles, outdoor gas cooking ovens for household purposes, outdoor barbeque smokers, outdoor charcoal grills, and outdoor electric griddles; bags specially adapted for holding or carrying cooking implements and cooking utensils
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 021 for accessory tool kits for outdoor cooking stations comprising spatulas, plastic dispensers, grill scrapers and cook book; accessory tool kits for outdoor cooking stations comprising basting brush, scraper, tongs, spatula, spoons and fork; accessory breakfast kits for outdoor cooking stations comprising pancake dispenser, non-electric press, and egg rings; bags or containers specially adapted for holding or carrying cooking components; accessory cleaning kits for outdoor cooking stations comprising scraper and cleaning brick; accessory tool kits for outdoor cooking comprising knives, cutting board, and spice shaker; outdoor cooking accessories including wind guards, spatulas, scrapers, forks, spoons, knives, knife sets, ladles, parchment paper, squeeze bottles, basting brushes, cooking gloves, egg rings, non-electric press, pizza peels, and cutting boards
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: accessory tool kits for outdoor cooking stations comprising spatulas, plastic dispensers, grill scrapers and cook book; accessory tool kits for outdoor cooking stations comprised primarily of spatulas, plastic dispensers for dispensing cooking oil, grill scrapers and cook book; accessory tool kits for outdoor cooking stations comprising basting brush, scraper, tongs, spatula, spoons and fork; accessory tool kits for outdoor cooking stations comprised primarily of basting brush, griddle scrapers, tongs, spatula, spoons and fork; accessory breakfast kits for outdoor cooking stations comprising pancake dispenser, non-electric press, and egg rings; accessory breakfast kits for outdoor cooking stations comprised primarily of pancake batter dispenser sold empty, non-electric press, and egg rings; bags or containers specially adapted for holding or carrying cooking components; accessory cleaning kits for outdoor cooking stations comprised primarily of griddle scraper and cleaning brick; accessory cleaning kits for outdoor cooking stations comprising scraper and cleaning brick; accessory tool kits for outdoor cooking comprised primarily of knives, cutting board, and spice shaker sold empty; accessory tool kits for outdoor cooking comprising knives, cutting board, and spice shaker; outdoor cooking accessories for household use, namely, wind guards, spatulas, grill and griddle scrapers, forks, spoons, knives, knife sets, ladles, squeeze bottles sold empty, basting brushes, cooking gloves, egg rings, non-electric hamburger press, pizza peels, and cutting boards; outdoor cooking accessories including wind guards, spatulas, scrapers, forks, spoons, knives, knife sets, ladles, parchment paper, squeeze bottles, basting brushes, cooking gloves, egg rings, non-electric press, pizza peels, and cutting boardsClass 021 for accessory tool kits for outdoor cooking stations comprised primarily of spatulas, plastic dispensers for dispensing cooking oil, grill scrapers and cook book; accessory tool kits for outdoor cooking stations comprised primarily of basting brush, griddle scrapers, tongs, spatula, spoons and fork; accessory breakfast kits for outdoor cooking stations comprised primarily of pancake batter dispenser sold empty, non-electric press, and egg rings; accessory cleaning kits for outdoor cooking stations comprised primarily of griddle scraper and cleaning brick; accessory tool kits for outdoor cooking comprised primarily of knives, cutting board, and spice shaker sold empty; outdoor cooking accessories for household use, namely, wind guards, spatulas, grill and griddle scrapers, forks, spoons, knives, knife sets, ladles, squeeze bottles sold empty, basting brushes, cooking gloves, egg rings, non-electric hamburger press, pizza peels, and cutting boards
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 hereby adds the following class of goods/services to the application:
New: Class 012 for non-motorized portable carts specially adapted for outdoor cooking and storing outdoor cooking equipment and accessories
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):
      DAVID L. STOTT
      PRIMARY EMAIL FOR CORRESPONDENCE: stottdl@comcast.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 131T18.
Correspondence Information (proposed):
      David L. Stott
      PRIMARY EMAIL FOR CORRESPONDENCE: stottdl@comcast.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 131T18.

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /David L. Stott/      Date: 10/29/2020
Signatory's Name: David L. Stott
Signatory's Position: Attorney of record, Utah Bar member
Signatory's Phone Number: 435-994-8900


Response Signature
Signature: /David L. Stott/     Date: 10/29/2020
Signatory's Name: David L. Stott
Signatory's Position: Attorney of record, Utah Bar member

Signatory's Phone Number: 435-994-8900

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:    DAVID L. STOTT
   
   
   P.O. BOX 400
   PROVIDENCE, Utah 84332
Mailing Address:    David L. Stott
   P.O. BOX 400
   PROVIDENCE, Utah 84332
        
RAM Sale Number: 88810681
RAM Accounting Date: 10/29/2020
        
Serial Number: 88810681
Internet Transmission Date: Thu Oct 29 14:01:14 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020102914011495
0606-88810681-750d42eee2815d9e6eb6b443ee
34eedc4d5d26bca565fc993b92d99cfcfe71cc4e
-CC-01133642-20201029134121861960