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. 88865910 MORI(Standard Characters, see http://uspto.report/TM/88865910/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 001 for Food preservatives; food preservatives, namely, preservatives for the preservation of natural food and processed food; food preservatives, namely, silk protein for the preservation of natural food and processed food; food preservatives, namely, silk protein for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservatives, namely, preservatives for the preservation of preharvest fruits and vegetables; food preservatives, namely, silk protein for the preservation of preharvest fruits and vegetables; food preservative compositions; food preservative compositions, namely, preservative compositions for the preservation of natural food and processed food; food preservative compositions, namely, silk protein compositions for the preservation of natural food and processed food; food preservative compositions, namely, silk protein compositions for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservative compositions, namely, preservative compositions for the preservation of preharvest fruits and vegetables; food preservative compositions, namely, silk protein compositions for the preservation of preharvest fruits and vegetables; seed coating applied to agricultural seeds to improve stands, seedling health and yield; seed coating applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; seed coating, namely, silk protein applied to agricultural seeds to improve stands, seedling health and yield; seed coating, namely, silk protein applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; seed coating, namely, silk protein composition applied to agricultural seeds to improve stands, seedling health and yield; seed coating, namely, silk protein composition applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield
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: Food preservatives; food preservatives, namely, preservatives for the preservation of natural food and processed food; food preservatives, namely, silk protein for the preservation of natural food and processed food; food preservatives, namely, silk protein for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservatives, namely, preservatives for the preservation of preharvest fruits and vegetables; food preservatives, namely, silk protein for the preservation of preharvest fruits and vegetables; food preservative compositions; food preservative compositions, namely, preservative compositions for the preservation of natural food and processed food; food preservative compositions, namely, silk protein compositions for the preservation of natural food and processed food; food preservative compositions, namely, silk protein compositions for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservative compositions, namely, preservative compositions for the preservation of preharvest fruits and vegetables; food preservative compositions, namely, silk protein compositions for the preservation of preharvest fruits and vegetables; seed coating applied to agricultural seeds to improve stands, seedling health and yield; seed coating in the nature of a fertilizer and preservative applied to agricultural seeds to improve stands, seedling health and yield; seed coating applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; seed coating in the nature of a fertilizer and preservative applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; seed coating, namely, silk protein applied to agricultural seeds to improve stands, seedling health and yield; seed coating, namely, silk protein applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; seed coating, namely, silk protein composition applied to agricultural seeds to improve stands, seedling health and yield; seed coating, namely, silk protein composition applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yieldClass 001 for Food preservatives; food preservatives, namely, preservatives for the preservation of natural food and processed food; food preservatives, namely, silk protein for the preservation of natural food and processed food; food preservatives, namely, silk protein for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservatives, namely, preservatives for the preservation of preharvest fruits and vegetables; food preservatives, namely, silk protein for the preservation of preharvest fruits and vegetables; food preservative compositions; food preservative compositions, namely, preservative compositions for the preservation of natural food and processed food; food preservative compositions, namely, silk protein compositions for the preservation of natural food and processed food; food preservative compositions, namely, silk protein compositions for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservative compositions, namely, preservative compositions for the preservation of preharvest fruits and vegetables; food preservative compositions, namely, silk protein compositions for the preservation of preharvest fruits and vegetables; seed coating in the nature of a fertilizer and preservative applied to agricultural seeds to improve stands, seedling health and yield; seed coating in the nature of a fertilizer and preservative applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; seed coating, namely, silk protein applied to agricultural seeds to improve stands, seedling health and yield; seed coating, namely, silk protein applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; seed coating, namely, silk protein composition applied to agricultural seeds to improve stands, seedling health and yield; seed coating, namely, silk protein composition applied to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield
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 040 for Food preservation services; food preservation services, namely, providing food preservatives for the preservation of natural food and processed food; food preservation services, namely, providing silk protein for the preservation of natural food and processed food; food preservation services, namely, providing silk protein for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservation services, namely, providing food preservatives for the preservation of preharvest fruits and vegetables; food preservation services, namely, providing silk protein for the preservation of preharvest fruits and vegetables; food preservation services, namely, providing food preservative compositions for the preservation of natural food and processed food; food preservation services, namely, providing silk protein compositions for the preservation of natural food and processed food; food preservation services, namely, providing silk protein compositions for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservation services, namely, providing food preservative compositions for the preservation of preharvest fruits and vegetables; food preservation services, namely, providing silk protein compositions for the preservation of preharvest fruits and vegetables; food preservation services, namely, providing seed coating for application to agricultural seeds to improve stands, seedling health and yield; food preservation services, namely, providing seed coating for application to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; food preservation services, namely, providing silk protein for application to agricultural seeds to improve stands, seedling health and yield; food preservation services, namely, providing silk protein for application to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; food preservation services, namely, providing silk protein composition for application to agricultural seeds to improve stands, seedling health and yield; food preservation services, namely, providing silk protein composition for application to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield
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: Food preservation services; food preservation services, namely, providing food preservatives for the preservation of natural food and processed food; food preservation services, namely, preservation of natural food and processed food; food preservation services, namely, providing silk protein for the preservation of natural food and processed food; food preservation services, namely, preservation of natural food and processed food using silk proteins; food preservation services, namely, providing silk protein for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservation services, namely, preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts using silk proteins; food preservation services, namely, providing food preservatives for the preservation of preharvest fruits and vegetables; food preservation services, namely, preservation of preharvest fruits and vegetables; food preservation services, namely, providing silk protein for the preservation of preharvest fruits and vegetables; food preservation services, namely, preservation of preharvest fruits and vegetables using silk protein; food preservation services, namely, providing food preservative compositions for the preservation of natural food and processed food; food preservation services, namely, preservation of natural food and processed food using food preservative compositions; food preservation services, namely, providing silk protein compositions for the preservation of natural food and processed food; food preservation services, namely, preservation of natural food and processed food using silk protein compositions; food preservation services, namely, providing silk protein compositions for the preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts; food preservation services, namely, preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts using silk protein compositions; food preservation services, namely, providing food preservative compositions for the preservation of preharvest fruits and vegetables; food preservation services, namely, preservation of preharvest fruits and vegetables using food preservative compositions; food preservation services, namely, providing silk protein compositions for the preservation of preharvest fruits and vegetables; food preservation services, namely, preservation of preharvest fruits and vegetables using silk protein compositions; food preservation services, namely, providing seed coating for application to agricultural seeds to improve stands, seedling health and yield; food preservation services, namely, providing seed coating for application to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; food preservation services, namely, providing silk protein for application to agricultural seeds to improve stands, seedling health and yield; food preservation services, namely, providing silk protein for application to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yield; food preservation services, namely, providing silk protein composition for application to agricultural seeds to improve stands, seedling health and yield; food preservation services, namely, providing silk protein composition for application to fruit seeds, vegetable seeds, and grain seeds to improve stands, seedling health and yieldClass 040 for Food preservation services; food preservation services, namely, preservation of natural food and processed food; food preservation services, namely, preservation of natural food and processed food using silk proteins; food preservation services, namely, preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts using silk proteins; food preservation services, namely, preservation of preharvest fruits and vegetables; food preservation services, namely, preservation of preharvest fruits and vegetables using silk protein; food preservation services, namely, preservation of natural food and processed food using food preservative compositions; food preservation services, namely, preservation of natural food and processed food using silk protein compositions; food preservation services, namely, preservation of produce, seafood, meat, poultry, cough drops, hard candy, candy bars, crackers, breads, grains, cookies, snack foods, cheese, and nuts using silk protein compositions; food preservation services, namely, preservation of preharvest fruits and vegetables using food preservative compositions; food preservation services, namely, preservation of preharvest fruits and vegetables using silk protein compositions;
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
The term "mori" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
As far as the silk protein mentioned in Applicant's identification, the silk protein is isolated from cocoons of Bombyx mori silkworms.

Correspondence Information (current):
      Naresh Kilaru
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@finnegan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): travis.smith@finnegan.com

The docket/reference number is 14981.0005.
Correspondence Information (proposed):
      Naresh Kilaru
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@finnegan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): travis.smith@finnegan.com

The docket/reference number is 14981.0005.

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: /Naresh Kilaru/     Date: 08/06/2020
Signatory's Name: Naresh Kilaru
Signatory's Position: Attorney of record

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:    Naresh Kilaru
   Finnegan, Henderson, Farabow, Garrett & Dunner LLP
   
   901 New York Avenue, N.W.
   Washington, District of Columbia 20001-4413
Mailing Address:    Naresh Kilaru
   Finnegan, Henderson, Farabow, Garrett & Dunner LLP
   901 New York Avenue, N.W.
   Washington, District of Columbia 20001-4413
        
Serial Number: 88865910
Internet Transmission Date: Thu Aug 06 17:57:49 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2020080617574936433
2-88865910-740b9128ce214c25aac339fa3fd2f
ad1bdc6d632fa2c9c030271f927b18c1de8ac6-N
/A-N/A-20200806173341083473