The trademark examining attorney has also attached evidence from the USPTO’s X-Search database consisting of a representative sample of third-party marks registered for use in connection with the same or similar goods as those of both applicant and registrant in this case.

They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.” Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer.

Mark Drawing Code [3] DESIGN PLUS woRDS, LETTERS ANonR NUMBERS Owner Zischke, Jeff INDIVIDUAL UNITED STATES 6400 east cholla scottsdale

Mark Drawing Code [3 DESIGN PLUS WORDS, LETTERS ANonR NUMBERS Owner Baldo's, L.L.c. LIMITED LIABILITY COMPANY DELAWARE 1900 N. Akara Street Dallas TEXAS 15201 GoodsfServiees Class Status -- ACTIVE.

If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.

Applicant may adopt the following wording, if accurate: “Bakery goods; bread mixes; brownies, cookies, and cake mixes; candy; cereal based energy bars; cereal-based snack foods; chewing gum; chocolate; cocoa; coffee; cones for ice cream; cookies; corn chips; crackers; flavored ices; frozen confections; frozen yogurt; ice cream; ice pops; instant noodles; marshmallows; oatmeal; pancake mixes; pastries; pies; pizza; popcorn; pretzels; processed cereals; puddings; sweets; syrup for flavoring food or beverages, for making tea; tea; waffles; applesauce; ice milk and frozen yogurt,” in International Class 30.

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S.

These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.

All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.

However, if the applicant has any questions or concerns regarding the above- referenced matter, please telephone the undersigned paralegal specialist.

Please follow the instructions below to continue the prosecution of your application: VIEW OFFICE ACTION: Click on this link http://tsdr.uspto.gov/view.action?DDA=Y&sn=88975112&type=OOA&date=20190306 (or copy and paste this URL into the address field of your browser), or visit http://tsdr.uspto.gov/ and enter the application serial number to access the Office action.

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.uspto.gov/teas/eTEASpageD.htm.

Please contact the assigned examining attorney with questions about the 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 2196 (Rev 09/2005) OMB No. 0651-0056 (Exp 11/30/2020) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative The table below presents the data as entered.

81364429 Jocelyn Hanamirian, Rachale Miller, Steve Ackerman, Steven Plotkin, Kevin Daley, Charles Steinberg, Tina Pompey and Scott Whiteleather

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.

Current Attorney Information: Susan M. Natland, KNOBBE, MARTENS, OLSON & BEAR, LLP is located at

The USPTO has assigned design search codes to your application (U.S. serial number: 88975112).

Include your name, application serial number, a list of design search codes you would like to add or delete, and a brief justification.

If we approve your request, the updated list of design search codes will appear in our Trademark Status and Document Retrieval (TSDR) database, accessible at https://tsdr.uspto.gov/, under the "Mark Information" tab.

A design element can be any component of your mark that is not a word, such as a depiction of a star or a flower.

Design search codes have no legal significance and will not appear on the registration certificate.

Live Viewed Docs Live Viewed Images Status/ Search Duration 0:01 0:01 Search 88239807 *av{v}t{v}r*[bi,ti] not dead[ld] *** User:nankrah *** # Total Marks Dead Marks Session started 2/8/2019 2:59:29 PM Session finished 2/8/2019 3:09:22 PM Total search duration 0 minutes 2 seconds Session duration 9 minutes 53 seconds Defaut NEAR limit=1ADJ limit=1 Sent to TICRS as Serial Number: 88239821