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. 88666303 MILLIE GRAM(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88666303/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 029 for Nut butters, fruit or nut based gels and pastes
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: Nut butters, fruit or nut based gels and pastes; Nut butters, processed fruit and nuts in gel and pressed paste form; snack foods, namely vegetable-based and fruit-based snack foods in a pod shapeClass 029 for Nut butters, processed fruit and nuts in gel and pressed paste form; snack foods, namely vegetable-based and fruit-based snack foods in a pod shape
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):
      Robert A. Becker
      PRIMARY EMAIL FOR CORRESPONDENCE: becker-docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is IGBL 2002412.
Correspondence Information (proposed):
      Robert A. Becker
      PRIMARY EMAIL FOR CORRESPONDENCE: becker-docket@fzlz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is IGBL 2002412.

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).

ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


Miscellaneous Statement
Applicant is simultaneously filing a Request to Divide with this Response to Office Action to separate the amended Class 29 to a child application. Applicant understands that it still needs to respond to the outstanding office action re Class 30.


SIGNATURE(S)
Response Signature
Signature: /RAB/     Date: 03/27/2020
Signatory's Name: Robert A. Becker
Signatory's Position: Attorney of Record, New York State Bar

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:    Robert A. Becker
   Fross Zelnick Lehrman & Zissu, P.C.
   
   151 West 42nd St., 17th Fl.
   New York, New York 10036
Mailing Address:    Robert A. Becker
   Fross Zelnick Lehrman & Zissu, P.C.
   151 West 42nd St., 17th Fl.
   New York, New York 10036
        
Serial Number: 88666303
Internet Transmission Date: Fri Mar 27 16:22:56 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020032716225610
9834-88666303-710eadf644025122b227928ebe
a3e3afa103c66ada67eaa586456ff6eb040fe11c
5-N/A-N/A-20200327161057778999