Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88941519 CHANGE(Standard Characters, see http://uspto.report/TM/88941519/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 029 for Beef burgers (beef patties); Meat extracts; Meat products; Prepared meat; Processed meat products; Sausage meat; Vegetable based meat substitutes; Poultry products; Fish products; Food products derived from fish; Cooked dishes with vegetables (vegetables predominating); Burgers (meat patties); Cooked meals consisting principally of vegetables; Food preparations having a base of vegetables; Food preparations with a vegetable base; Prepared snacks made from cooked vegetables; Prepared vegetable products; Preserves made from vegetables; Vegan foods consisting predominantly of vegetables; Vegetable based food preparations; Vegetable food products; Vegetable pastes (puree); Meat burgers (meat patties); Vegetable stock; Soya based dairy substitutes; Soya cream; Soya desserts; Soya milk; Soya protein; Soya yoghurt; Imitation cheese; Imitation cream; Imitation dairy spreads; Vegetable burgers (vegetable patties); Imitation milk; Imitation whipped cream; Vegetarian sausages; Eggs; Powdered eggs; Prepared meals made of eggs (eggs predominating); Pickles; Jams; Hamburgers (meat patties); Jellies; Fruit chips; Potato chips; Non-dairy butter; Non-dairy cheese; Non-dairy cream; Non-dairy creamers; Non-dairy whiteners for beverages; Non-dairy yoghurt; Cheese; Patties; Dairy desserts (except ice cream or frozen yoghurt); Fruit desserts; Milk desserts; Prepared desserts (fruit based); Prepared desserts (milk based); Prepared salads; Vegetable salads; Soya patties; Tofu patties; Meat
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: Beef burgers (beef patties); Beef burgers, namely, beef patties; Meat extracts; Meat products; packaged meats; Prepared meat; Processed meat products; Processed meat products, namely, kidneys, ham, turkey, lamb, and veal; Sausage meat; Vegetable based meat substitutes; Poultry products; Poultry products, namely, fresh poultry, chicken, turkey, and duck; Fish products; Fish products, namely, canned fish, dried fish, fish burger patties, fish fillets, and frozen fish; Food products derived from fish; Food products derived from fish, namely, boiled and dried fish, fish cakes, fish fillets, fish mousse, fish sausages, fish steak, fish stock, preserved fish, processed fish, and smoked fish; Cooked dishes with vegetables (vegetables predominating); Cooked dishes consisting primarily of vegetables; Burgers (meat patties); Burgers, namely, meat patties; Cooked meals consisting principally of vegetables; Food preparations having a base of vegetables; Food preparations having a base of vegetables, namely, prepared vegetable-based entrees; Food preparations with a vegetable base; Food preparations with a vegetable base, namely, frozen vegetable-based entrees; Prepared snacks made from cooked vegetables; Prepared vegetable products; Prepared vegetable products, namely, prepared vegetable-based entrees; Preserves made from vegetables; Vegan foods consisting predominantly of vegetables; Vegan foods consisting predominantly of vegetables, namely, prepared vegetable-based vegan entrees; Vegetable based food preparations; Vegetable based food preparations, namely, prepared dishes consisting primarily of vegetables; Vegetable food products; Vegetable food products, namely, cooked, cut, frozen, and processed vegetables; Vegetable pastes (puree); Vegetable pastes in the nature of puree; Meat burgers (meat patties); Meat burgers, namely, meat patties; Vegetable stock; Soya based dairy substitutes; Soya cream; Soya desserts; Soya milk; Formed textured soya protein for use as a meat substitute; Soya protein; Soya yoghurt; Imitation cheese; Imitation cream; Imitation dairy spreads; Vegetable burgers, namely, vegetable patties; Vegetable burgers (vegetable patties); Imitation milk; Imitation whipped cream; Vegetarian sausages; Eggs; Powdered eggs; Prepared meals consisting primarily of eggs; Prepared meals made of eggs (eggs predominating); Pickles; Jams; Hamburgers, namely, uncooked meat patties; Hamburgers (meat patties); Jellies; Fruit chips; Potato chips; Non-dairy butter; Non-dairy cheese; Non-dairy cream; Non-dairy creamers; Non-dairy whiteners for beverages; Non-dairy yoghurt; Cheese; Patties, namely, beef patties, fish burger patties, soya patties, tofu patties, uncooked hamburger patties, and veggie burger patties; Patties; Dairy desserts, except ice cream or frozen yoghurt, namely, dessert puddings and bakery desserts; Dairy desserts (except ice cream or frozen yoghurt); Fruit desserts, namely, chocolate covered fruit, edible fruit ices, fruit cakes, fruit cobblers, fruit coulis, fruit ice creams, fruit pies, and pastries with fruit; Fruit desserts; Milk desserts, namely, ice cream, chocolate-based beverages with milk, and ice milk; Milk desserts; Fruit based prepared desserts, namely, chocolate covered fruit, edible fruit ices, fruit cakes, fruit cobblers, fruit coulis, fruit ice creams, fruit pies, and pastries with fruit; Prepared desserts (fruit based); Milk based prepared desserts, namely, ice cream, chocolate-based beverages with milk, and ice milk; Prepared desserts (milk based); Prepared salads, except macaroni, rice, and pasta salads; Prepared salads; Vegetable salads; Soya patties; Tofu patties; Meat; Meat substitutes prepared from cereals; Flavoured topping for desserts, namely, fruit toppings, nut toppings, and whipped toppingsClass 029 for Beef burgers, namely, beef patties; Meat extracts; packaged meats; Prepared meat; Processed meat products, namely, kidneys, ham, turkey, lamb, and veal; Sausage meat; Vegetable based meat substitutes; Poultry products, namely, fresh poultry, chicken, turkey, and duck; Fish products, namely, canned fish, dried fish, fish burger patties, fish fillets, and frozen fish; Food products derived from fish, namely, boiled and dried fish, fish cakes, fish fillets, fish mousse, fish sausages, fish steak, fish stock, preserved fish, processed fish, and smoked fish; Cooked dishes consisting primarily of vegetables; Burgers, namely, meat patties; Cooked meals consisting principally of vegetables; Food preparations having a base of vegetables, namely, prepared vegetable-based entrees; Food preparations with a vegetable base, namely, frozen vegetable-based entrees; Prepared snacks made from cooked vegetables; Prepared vegetable products, namely, prepared vegetable-based entrees; Preserves made from vegetables; Vegan foods consisting predominantly of vegetables, namely, prepared vegetable-based vegan entrees; Vegetable based food preparations, namely, prepared dishes consisting primarily of vegetables; Vegetable food products, namely, cooked, cut, frozen, and processed vegetables; Vegetable pastes in the nature of puree; Meat burgers, namely, meat patties; Vegetable stock; Soya based dairy substitutes; Soya cream; Soya milk; Formed textured soya protein for use as a meat substitute; Soya yoghurt; Imitation cheese; Imitation cream; Imitation dairy spreads; Vegetable burgers, namely, vegetable patties; Imitation milk; Imitation whipped cream; Vegetarian sausages; Eggs; Powdered eggs; Prepared meals consisting primarily of eggs; Pickles; Jams; Hamburgers, namely, uncooked meat patties; Jellies; Fruit chips; Potato chips; Non-dairy butter; Non-dairy cheese; Non-dairy cream; Non-dairy creamers; Non-dairy whiteners for beverages; Non-dairy yoghurt; Cheese; Patties, namely, beef patties, fish burger patties, soya patties, tofu patties, uncooked hamburger patties, and veggie burger patties; Dairy desserts, except ice cream or frozen yoghurt, namely, dessert puddings and bakery desserts; Fruit desserts, namely, chocolate covered fruit, edible fruit ices, fruit cakes, fruit cobblers, fruit coulis, fruit ice creams, fruit pies, and pastries with fruit; Milk desserts, namely, ice cream, chocolate-based beverages with milk, and ice milk; Fruit based prepared desserts, namely, chocolate covered fruit, edible fruit ices, fruit cakes, fruit cobblers, fruit coulis, fruit ice creams, fruit pies, and pastries with fruit; Milk based prepared desserts, namely, ice cream, chocolate-based beverages with milk, and ice milk; Prepared salads, except macaroni, rice, and pasta salads; Vegetable salads; Soya patties; Tofu patties; Meat; Meat substitutes prepared from cereals; Flavoured topping for desserts, namely, fruit toppings, nut toppings, and whipped toppings
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 030 for Meat substitutes prepared from cereals; Mayonnaise; Imitation custard; Imitation ice cream; Chutneys (condiments); Condiments; Dry condiments; Relishes (condiments); Sauces (condiments); Beverages made from cereals; Tomato and vegetable based sauces; Cereals products in bar form; Food products consisting of cereals; Non-dairy frozen dessert products; Non-dairy ice cream; Spices; Mustard; Vegetable pulps (sauces); Vegetable based coffee substitutes; Flavoured topping for desserts; Frozen desserts; Dressings for salad; Biscuits; Vegetable pastes (sauces); Bread; Vegetable purees (sauces); Snack food products made from soya flour; Soya based ice cream products; Soya bean paste (condiment); Imitation mayonnaise
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: Meat substitutes prepared from cereals; Mayonnaise; Imitation mayonnaise; Chutneys being condiments; Condiments, namely, ketchup and mustard; Chutneys (condiments); Soya bean paste being a condiment; Condiments; Dry condiments, namely, seasonings; Dry condiments; Relishes being condiments; Relishes (condiments); Sauces being condiments; Sauces (condiments); Beverages made from cereals; Tomato and vegetable based sauces; Cereals products in bar form, namely, cereal bars; Cereals products in bar form; Food products consisting of cereals, namely, breakfast cereals, cereal-based snack foods, and processed cereals; Food products consisting of cereals; Non-dairy frozen dessert products, namely, non-dairy frozen confections; Non-dairy frozen dessert products; Non-dairy ice cream; Spices; Vegetable pulps in the nature of sauces; Mustard; Vegetable based coffee substitutes; Vegetable pulps (sauces); Flavoured topping for desserts, namely, caramel topping for ice cream, chocolate toppings, marshmallow toppings, and topping syrups; Frozen desserts, namely, frozen confections; Flavoured topping for desserts; Dressings for salad; Frozen desserts; Biscuits; Vegetable pastes in the nature of sauces; Bread; Vegetable pastes (sauces); Imitation custard; Imitation ice cream; Vegetable purees (sauces); Vegetable purees in the nature of sauces; Snack food products made from soya flour; Soya based ice cream products; Soya bean paste (condiment); Soya desserts, namely, soya-based ice cream substitutesClass 030 for Mayonnaise; Imitation mayonnaise; Chutneys being condiments; Condiments, namely, ketchup and mustard; Soya bean paste being a condiment; Dry condiments, namely, seasonings; Relishes being condiments; Sauces being condiments; Beverages made from cereals; Tomato and vegetable based sauces; Cereals products in bar form, namely, cereal bars; Food products consisting of cereals, namely, breakfast cereals, cereal-based snack foods, and processed cereals; Non-dairy frozen dessert products, namely, non-dairy frozen confections; Non-dairy ice cream; Spices; Vegetable pulps in the nature of sauces; Vegetable based coffee substitutes; Flavoured topping for desserts, namely, caramel topping for ice cream, chocolate toppings, marshmallow toppings, and topping syrups; Frozen desserts, namely, frozen confections; Dressings for salad; Biscuits; Vegetable pastes in the nature of sauces; Bread; Imitation custard; Imitation ice cream; Vegetable purees in the nature of sauces; Snack food products made from soya flour; Soya based ice cream products; Soya desserts, namely, soya-based ice cream 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      CURT HANDLEY, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: curt@intuitlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is change.
Correspondence Information (proposed):
      Curt Handley, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: curt@intuitlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is change.

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: /Curt Handley, Esq./     Date: 02/15/2021
Signatory's Name: Curt Handley, Esq.
Signatory's Position: Attorney of Record, IL Bar Member

Signatory's Phone Number: 888-932-5291 Signature method: Signed directly within the form

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:    CURT HANDLEY, ESQ.
   LAW OFFICE OF CURT HANDLEY
   
   19540 BUCKINGHAM DR. SUITE 1
   MOKENA, Illinois 60448
Mailing Address:    Curt Handley, Esq.
   LAW OFFICE OF CURT HANDLEY
   19540 BUCKINGHAM DR. SUITE 1
   MOKENA, Illinois 60448
        
Serial Number: 88941519
Internet Transmission Date: Mon Feb 15 20:09:41 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20210215200941990476-88941519-
770c733e4591f4f2afdd72d61cfb382b3f6eca34
b6dc76b4bbfc51f351480e127-N/A-N/A-202102
15200310196213