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. 88975111 AVATAR (Stylized and/or with Design, see http://uspto.report/TM/88975111/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Almond milk; applesauce; candied fruit; cheese; chili; dairy products excluding ice cream, ice milk and frozen yogurt; dairy-based beverages; dried fruits; dried fruit-based snacks; drinking yogurts; food bars; french fries; frozen fruits; frozen vegetables; frozen, prepared and packaged entrees or meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared or packaged vegetable-based entrees; fruit chips; fruit salads; fruit-based food beverage; fruit-based snack food; hamburgers; hot dogs; jams; jellies; mashed potatoes; meats; milk beverages; milk-based beverages with chocolate; non-diary milk; nut butters; nut-based snack foods; pickles; potato chips; potato salad; potato-based snack foods; processed fruits and vegetables; processed nuts; raisins; snack mix consisting primarily of processed fruits, processed nuts and/or raisins; soups; soy milk; vegetable-based food beverages; yogurt
Original Filing Basis:
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: Almond milk; applesauce; candied fruit; cheese; chili; cream, being dairy products excluding ice cream; dairy products excluding ice cream, ice milk and frozen yogurt; dairy-based beverages; dried fruits; dried fruit-based snacks; drinking yogurts; fruit-based raw food bars; food bars; French fries; frozen fruits; frozen vegetables; frozen, prepared and packaged entrees or meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared or packaged vegetable-based entrees; fruit chips; fruit salads; fruit-based food beverage; fruit-based snack food; hamburgers meat only, not sandwiches; hamburgers; hot dogs; jams; jellies; mashed potatoes; meats; milk beverages with cocoa; milk beverages; milk-based beverages with chocolate; non-dairy milk, namely, almond milk, oat milk, rice milk, cashew milk, soy milk, soya milk, and coconut milk for culinary purposes; non-diary milk; nut butters; nut-based snack foods; pickles; potato chips; potato salad; potato-based snack foods; processed fruits and vegetables; processed nuts; raisins; snack mix consisting primarily of processed fruits, processed nuts and/or raisins; soups; soy milk; vegetable-based food beverages; yogurtClass 029 for Almond milk; candied fruit; cheese; chili; cream, being dairy products excluding ice cream; dairy-based beverages; dried fruits; dried fruit-based snacks; drinking yogurts; fruit-based raw food bars; French fries; frozen fruits; frozen vegetables; frozen, prepared and packaged entrees or meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared or packaged vegetable-based entrees; fruit chips; fruit salads; fruit-based food beverage; fruit-based snack food; hamburgers meat only, not sandwiches; hot dogs; jams; jellies; mashed potatoes; meats; milk beverages with cocoa; milk-based beverages with chocolate; non-dairy milk, namely, almond milk, oat milk, rice milk, cashew milk, soy milk, soya milk, and coconut milk for culinary purposes; nut butters; nut-based snack foods; pickles; potato chips; potato salad; potato-based snack foods; processed fruits and vegetables; processed nuts; raisins; snack mix consisting primarily of processed fruits, processed nuts and/or raisins; soups; soy milk; vegetable-based food beverages; yogurt
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.

SIGNATURE(S)
Response Signature
Signature: /ama/     Date: 08/27/2019
Signatory's Name: A. Minnie Alexander
Signatory's Position: Attorney of record, Minnesota bar membe

Signatory's Phone Number: (818) 560-1000

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.

        
Serial Number: 88975111
Internet Transmission Date: Wed Aug 28 13:26:46 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201908281326468
31978-88975111-610507adb761e18af637fa5ef
e6adbcbb4888bdc69543fa7fdcabf92131c6a4-N
/A-N/A-20190827193009241827