Response to Office Action

BEYOND

Beyond Meat, Inc.

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

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90149836
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK mark
LITERAL ELEMENT BEYOND
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
The Examiner has cited the following prior pending applications against Applicant's application: Serial Nos. 88867742, 88813801, 88813746, 88813736, 88813731, 88813726, 88813421, 88885337, and 88885326. Applicant respectfully notes that all of the cited applications have been abandoned except for Serial Nos. 88885337 and 88885326. Accordingly, Applicant respectfully requests that the Examiner suspend Applicant's application pending these two prior applications.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 029
DESCRIPTION
Meat substitutes; vegan and vegetarian meat products; plant-based meat substitutes
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 029
TRACKED TEXT DESCRIPTION
Meat substitutes; vegan and vegetarian meat products; vegan and vegetarian meat substitutes; plant-based meat substitutes
FINAL DESCRIPTION
Meat substitutes; vegan and vegetarian meat substitutes; plant-based meat substitutes
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME BETSY W. LEE & KRISTIN S. CORNUELLE
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE ipprosecution@orrick.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) kcornuelle@orrick.com; mweddington@orrick.com
DOCKET/REFERENCE NUMBER 26074.6090
CORRESPONDENCE INFORMATION (proposed)
NAME Betsy W. Lee & Kristin S. Cornuelle
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE ipprosecution@orrick.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) kcornuelle@orrick.com; bwang@orrick.com; cvicino@orrick.com
DOCKET/REFERENCE NUMBER 26074.6090
SIGNATURE SECTION
RESPONSE SIGNATURE /Kristin S. Cornuelle/
SIGNATORY'S NAME Kristin S. Cornuelle
SIGNATORY'S POSITION Attorney of Record, California Bar Member
SIGNATORY'S PHONE NUMBER 5039434828
DATE SIGNED 06/15/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Tue Jun 15 11:54:32 ET 2021
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
210615115432285577-901498
36-7804295da47791124e9a31
db792e2aedbea6f85f9a14fcf
d8ecb4aa557d4931ae6-N/A-N
/A-20210615105825270213



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. 90149836 BEYOND(Standard Characters, see http://uspto.report/TM/90149836/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examiner has cited the following prior pending applications against Applicant's application: Serial Nos. 88867742, 88813801, 88813746, 88813736, 88813731, 88813726, 88813421, 88885337, and 88885326. Applicant respectfully notes that all of the cited applications have been abandoned except for Serial Nos. 88885337 and 88885326. Accordingly, Applicant respectfully requests that the Examiner suspend Applicant's application pending these two prior applications.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 029 for Meat substitutes; vegan and vegetarian meat products; plant-based meat 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.


Proposed:

Tracked Text Description: Meat substitutes; vegan and vegetarian meat products; vegan and vegetarian meat substitutes; plant-based meat substitutesClass 029 for Meat substitutes; vegan and vegetarian meat substitutes; plant-based meat 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):
      BETSY W. LEE & KRISTIN S. CORNUELLE
      PRIMARY EMAIL FOR CORRESPONDENCE: ipprosecution@orrick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kcornuelle@orrick.com; mweddington@orrick.com

The docket/reference number is 26074.6090.
Correspondence Information (proposed):
      Betsy W. Lee & Kristin S. Cornuelle
      PRIMARY EMAIL FOR CORRESPONDENCE: ipprosecution@orrick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kcornuelle@orrick.com; bwang@orrick.com; cvicino@orrick.com

The docket/reference number is 26074.6090.

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: /Kristin S. Cornuelle/     Date: 06/15/2021
Signatory's Name: Kristin S. Cornuelle
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 5039434828 Signature method: Sent to third party for signature

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:    BETSY W. LEE & KRISTIN S. CORNUELLE
   ORRICK, HERRINGTON & SUTCLIFFE LLP
   
   2050 MAIN ST., SUITE 1100
   IRVINE, California 92614
Mailing Address:    Betsy W. Lee & Kristin S. Cornuelle
   ORRICK, HERRINGTON & SUTCLIFFE LLP
   2050 MAIN ST., SUITE 1100
   IRVINE, California 92614
        
Serial Number: 90149836
Internet Transmission Date: Tue Jun 15 11:54:32 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20210615115432285
577-90149836-7804295da47791124e9a31db792
e2aedbea6f85f9a14fcfd8ecb4aa557d4931ae6-
N/A-N/A-20210615105825270213



uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed