Estta944875 01/02/2019 in the United States Patent And

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA944875 Filing date: 01/02/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 92070059 Party Defendant Nema Food Distribution Inc. Correspondence NEMA FOOD DISTRIBUTION INC Address 18 COMMERCE RD SUITE D FAIRFIELD, NJ 07004 UNITED STATES no email provided no phone number provided Submission Motion to Dismiss - Rule 12(b) Filer's Name Bradley S. Rothschild, Esq. Filer's email [email protected] Signature /Bradley S. Rothschild/ Date 01/02/2019 Attachments NEMA MOTION TO DISMISS - FINAL.pdf(2338414 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Gaziantepli Habes Seyidoglu Baklavalari ) Uluslararasi Nakliyat ve San. Tic. Ltd. Sti. ) Cancellation No. 92070059 ) Petitioner, ) Registration No. 3,878,739 ) vs. ) ) Registration Date: November 23, 2010 NEMA FOOD DISTRIBUTION INC. ) ) Registrant/Respondent ) Trademark: SEYIDOGLU

REGISTRANT/RESPONDENT NEMA FOOD DISTRIBUTION INC.’S MOTION TO DISMISS

Introduction

Registrant/Respondent NEMA FOOD DISTRIBUTION INC. ("Registrant" or "NEMA"),

through its undersigned attorneys, respectfully submits this Motion to the Dismiss Petition to

Cancel filed by Gaziantepli Habes Seyidoglu Baklavalari Uluslararasi Nakliyat ve San. Tic. Ltd.

Sti. (“Petitioner”), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Petitioner’s Petition to Cancel simply fails to state a claim upon which relief can be

granted. NEMA has been continuously and exclusively providing and selling food products in

interstate commerce under the SEYIDOGLU mark (Reg. No. 3,878,739) (the “Registration”)

since at least March 1, 2008, and continues to do so to this day. See, Certification of Galip

Kiyakli at ¶3, attached hereto as Exhibit A. Based on NEMA’s continuous use in commerce,

the Registration should be treated as incontestable.

Petitioner’s Petition to Cancel does not present a coherent legal or factual basis for the

cancellation of NEMA’s Registration. Petitioner’s Petition to Cancel is merely intended to

harass NEMA, and NEMA would be severely and irreparably damaged by the cancellation of

Registration. See, Id. at ¶6. Therefore, NEMA respectfully requests that the Trademark Trial

and Appeal Board dismiss Petitioner’s Petition to Cancel for failure to state a claim upon which

relief can be granted.

Relevant Facts

On November 19, 2018 Petitioner filed a Petition to Cancel NEMA’s Registration, purportedly based on: (1) False suggestion of a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; and, (2) deceptiveness. Beyond these bare allegations, Petitioner’s Petition to Cancel does not present a cogent or coherent argument, legal or factual basis for the cancellation of NEMA’s

Registration See Exhibit B, Petition to Cancel (generally, as paragraphs have not been numbered by Petitioner).

NEMA was founded in 2002, and is the proud provider of high quality food products in North America, including meats, pastry and desserts. See Exhibit A at ¶2. NEMA was granted the Registration on November 23, 2010, and NEMA’s Section 8 declaration was accepted on February 7, 2017. See, TARR Report, attached hereto as Exhibit C. NEMA has been continuously and exclusively providing and selling food products in interstate commerce under the SEYIDOGLU mark (Reg. No. 3,878,739) (the “Registration”) since at least March

1, 2008, and continues to do so to this day. See Exhibit A at ¶3. Based on NEMA’s continuous use in commerce, the Registration should be treated as incontestable.

NEMA’s goods bearing the SEYIDOGLU mark are of the highest quality, and in no way create a false suggestion of a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. Further, NEMA’s goods bearing the SEYIDOGLU mark do not deceive consumers in any manner. See Id. at ¶5.

In response to the Petition to Cancel, NEMA has filed the instant Motion to Dismiss in lieu of an Answer.

Argument

PETITIONER HAS FAILED TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

In a cancellation proceeding, the Federal Rules of Civil Procedure apply. See 37 C.F.R. §

2.116(a). A motion to dismiss under Rule 12(b)(6) tests the legal sufficiency of the claim stated in the complaint. Ileto v. Glock Inc., 349 F.3d 1191, 1199–1200 (9th Cir.2003); see also Fed.R.Civ.P.

12(b)(6). “Dismissal can be based on the lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory.” Hana Financial, Inc. v. Hana Bank, 500 F. Supp. 2d

1228, 1232 (C.D. Cal. 2007) (quoting Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th

Cir.1988)).

Furthermore, the Board must dismiss a petition to cancel under Rule 12(b)(6) if it fails to state a claim that is “plausible on its face.” T.B.M.P. § 503.02 citing Bell Atl. Corp. v. Twombly,

550 U.S. 544, 570 (2007); see also Advanced Cardiovascular Sys. Inc. v. SciMed Life Sys. Inc., 26

U.S.P.Q.2d 1038, 1041 (Fed. Cir. 1993). The primary function of Fed. R. Civ. P. 12(b)(6) “is to allow the court to eliminate actions that are fatally flawed in their legal premise and destined to fail, and thus to spare litigants the burdens of unnecessary pretrial and trial activity.” Advanced

Cardiovascular Sys., 26 U.S.P.Q.2d at 1041. When considering a motion to dismiss, the Board must 3 accept the factual allegations pleaded in the complaint as true, but “conclusory allegations of law and unwarranted inferences of fact do not suffice to support a claim. Bradley v. Chiron Corp., 45

U.S.P.Q.2d 1819, 1822 (Fed. Cir. 1998).

Moreover, to withstand a motion to dismiss for failure to state a claim upon which relief can be granted, a plaintiff needs to allege sufficient factual content that, if proved, would allow the Board to conclude, or to draw a reasonable inference, that (1) the plaintiff has standing to maintain the proceeding, and (2) a valid ground exists for opposing or cancelling the mark. Doyle v. Al Johnson’s

Swedish Restaurant & Butik Inc., 101 USPQ2d 1780 (TTAB 2012), citing Young v. AGB Corp.,

152 F.3d 1377, 47 USPQ2d 1752, 1754 (Fed. Cir. 1998); and TBMP Section 503.02 (3d ed. rev.

2012). Specifically, a complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949-

50 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

Here, Petitioner filed a Petition to Cancel NEMA’s Registration, purportedly based on:

(1) false suggestion of a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; and, (2) deceptiveness. Beyond these bare allegations, Petitioner’s Petition to Cancel does not present a coherent legal or factual basis for the cancellation of NEMA’s Registration. See Exhibit B, Petition to Cancel

(generally, as paragraphs have not been numbered by Petitioner).

No allegations presented by the Petitioner, if true, would lead to a conclusion that the

Registration should be cancelled. Id. Petitioner’s Petition to Cancel is merely intended to harass

NEMA, and NEMA would be severely and irreparably damaged by the cancellation of

Registration. See, Exhibit A at ¶6.

NEMA was granted the Registration on November 23, 2010, and NEMA’s Section 8 declaration was accepted on February 7, 2017. See, generally, Exhibit C. NEMA has been continuously and exclusively providing and selling food products in interstate commerce under the SEYIDOGLU mark (Reg. No. 3,878,739) (the “Registration”) since at least March

1, 2008, and continues to do so to this day. See, Exhibit A at ¶3. Based on NEMA’s continuous use in commerce, the Registration should be treated as incontestable. NEMA is well known amongst consumers as the source of SEYIDOGLU goods in the United States of

America. See, Id. at ¶4. NEMA’s goods bearing the SEYIDOGLU mark are of the highest quality, and in no way create a false suggestion of a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. Further,

NEMA’s goods bearing the SEYIDOGLU mark do not deceive consumers in any manner. See,

Id. at ¶5.

Conclusion

Based on the foregoing, Respondent/Registrant NEMA respectfully requests that

Petitioner’s Petition to Cancel be dismissed for failure to state a claim upon which relief can be

granted. Petitioner’s Petition to Cancel is merely intended to harass NEMA, and NEMA would

be severely and irreparably damaged by the cancellation of Registration.

Dated: January 2, 2019 Respectfully submitted,

The Law Offices of Bradley S. Rothschild, LLC, Attorneys for Registrant/Respondent NEMA FOOD DISTRIBUTION INC.

By: ___/s /Bradley S. Rothschild/___ Bradley S. Rothschild, Esq.

The Law Offices of Bradley S. Rothschild, LLC. The Nyack Express Building 38 High Avenue Nyack, NY 10960 (845) 287-0011 Email: [email protected]

CERTIFICATE OF SERVICE

Pursuant to Trademark Rule 2.119, I hereby certify that on January 2, 2019 a true and complete copy of the foregoing MOTION TO DISMISS has been served on Petitioner by delivering a true and correct copy thereof to Petitioner by electronic mail and depositing same with the United States Postal Service, addressed to:

Gaziantepli Habes Seyidoglu Baklavalari Uluslararasi Nakliyat ve San. Tic. Ltd. Sti. ISMET A DINCER 22 JACKSON RD BELMONT, MA 02478-3550

By Email to: [email protected], [email protected], [email protected]

Dated: January 2, 2019 By: ___/s /Bradley S. Rothschild/___ Bradley S. Rothschild, Esq.

EXHIBIT A

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Gaziantepli Habes Seyidoglu Baklavalari ) Uluslararasi Nakliyat ve San. Tic. Ltd. Sti. ) Cancellation No. 91235342 ) Petitioner, ) Registration No. 3,878,739 ) vs. ) ) Registration Date: November 23, 2010 NEMA FOOD DISTRIBUTION INC. ) ) Registrant/Respondent ) Trademark: SEYIDOGLU ) ______)

CERTIFICATION OF GALIP KIYAKLI

I, Galip Kiyakli, upon my oath do hereby certify as follows:

1. I am the Chief Operating Officer of NEMA FOOD DISTRIBUTION INC., ("NEMA") and I am familiar with the facts and circumstances in this matter. I make this Certification in support of

NEMA's Motion to Dismiss Petitioner's Petition to Cancel NEMA's U.S. Trademark Registration No.

3,878,739.

2. NEMA was founded in 2002, and is the proud provider of high quality food products in North

America, including meats, pastry and desserts.

3. NEMA has been continuously and exclusively providing and selling food products in interstate

commerce under the SEYIDOGLU mark (Reg. No. 3,878,739) (the "Registration") since at least

March 1, 2008, and continues to do so to this day.

4. NEMA is well known amongst consumers as the exclusive source of SEYIDOGLU goods in

the United States of America.

5. NEMA 's goods bearing the SEYIDOGLU mark are of the highest quality, and in no way create a false suggestion of a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. Further, NEMA's goods bearing the

SEYIDOGLU mark do not deceive consumers in any manner.

6. Petitioner's Petition to Cancel is merely intended to harass NEMA, and NEMA would be severely and irreparably damaged by the cancellation of Registration.

I certify that the foregoing statements made by me are true. I acknowledge if the statements are willfully false, I am subject to punishment.

Galip Kiyakli

Dated: OI/ oe./ zo/q

EXHIBIT B

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA935889 Filing date: 11/19/2018

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Petition for Cancellation

Notice is hereby given that the following party has filed a petition to cancel the registration indicated below. Petitioner Information

Name Gaziantepli Habes Seyidoglu Baklavalari Uluslararasi Nakliyat ve San. Tic. Ltd. Sti. Entity Corporation Citizenship Turkey Address Acelya Cad. No:5, Beylikduzu Istanbul, 34522 TURKEY

Correspondence ISMET A. DINCER information 22 JACKSON RD BELMONT, MA 02478-3550 UNITED STATES [email protected], [email protected], [email protected] 6176693649

Registration Subject to Cancellation

Registration No. 3878739 Registration date 11/23/2010 Registrant NEMA FOOD DISTRIBUTION INC. 18 Commerce Rd Suite D Fairfield, NJ 07004 UNITED STATES

Goods/Services Subject to Cancellation

Class 030. First Use: 2008/03/01 First Use In Commerce: 2008/03/01 All goods and services in the class are subject to cancellation, namely: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour, bread, pastry; pastries, namely, baklava, kadaifi, namely, a dessert made of shreddedphyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery, namely, Turkish delight, namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely,pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses; and milkproducts, namely, ice cream, ice milk, and frozen yogurt Grounds for Cancellation

False suggestion of a connection with persons, Trademark Act Sections 14(3) and 2(a) living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute Deceptiveness Trademark Act Sections 14(3) and 2(a) Attachments Seyidoglu_Petition to Cancel_19.11.2018.pdf(412123 bytes ) Authorized Signatures List- Seyidoglu - Bilal Seyitoglu General Man- ager.jpeg.pdf(237590 bytes ) Trade Registry Gazette - Seyidoglu Shareholders.pdf(833357 bytes )

Signature /Bilal.Seyitoglu/ Name Bilal Seyitoglu Date 11/19/2018 PETITION TO CANCEL Trademark Registration No.: 387839

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the matter of trademark registration No.: 3878739 For the mark: SEYIDOGLU Date Registered: November 23, 2010

PETITION TO CANCEL

PETITIONERS: GAZİANTEPLİ HABEŞ SEYİDOĞLU BAKLAVALARI VE ULUSLARARASI NAKLİYAT SANAYİ TİCARET LİMİTED ŞİRKETİ ( hereafter called Seyidoglu Company) owner of WIPO registration: 1051887

Bakır Ve Pirinç Sanayi Sitesi Acelya Caddesi No:5, Yakuplu Buyukcekmece-Istanbul, Turkey www.seyidoglu.com v. REGISTRANT: NEMA FOOD DISTRIBUTION INC. CORPORATION New Jersey 18 Commerce Rd Suite D Fairfield NJ 07004

The above-identified petitioner, believe that they will be damaged by the above-identified registration, and hereby petition to cancel the same due to the above mentioned trademark suggesting false connection with Turkey’s internationally acclaimed Baklava producer Seyidoglu Company, and the Seyitoglu family that owns and operates the business.

GAZİANTEPLİ HABEŞ SEYİDOĞLU BAKLAVALARI VE ULUSLARARASI NAKLİYAT SANAYİ TİCARET LİMİTED ŞİRKETİ (Seyidoglu Company) is a major manufacturer of Turkish local desserts and pastries from Turkey—predominately Baklava and other food items. The company has 36 franchises in 6 countries, on top of which the company exports to distributors in locations across Europe, Australia, Kuwait, Kingdom of Saudi Arabia and United States of America, with a total volume of exports of USD 1,1 million in 2018. Seyidoglu Company was established by the Seyitoglu family in 1952. Current members of the family include the shareholders and direct descendants of the shareholders including the petitioner General Manager Bilal Seyitoglu. As such, the Seyitoglu family name is closely associated with quality Baklava production in Turkey and around the world. Seyidoglu Company registered with the Madrid International Trademark System under the World Intellectual Property Organization (“WIPO”), on March 30, 2010 for the Seyidoglu name and Mark. All marks encompassed under the registration are intellectual property of the company and are closely associated with the manufactured goods and services offered in all export destinations and franchises in 6 countries, with the Madrid WIPO registration number 1051887. PETITION TO CANCEL Trademark Registration No.: 387839

Seyidoglu Company’s Seyidoglu mark under WIPO is associated with the following classification of goods; Puddings, kazandibi, namely, a pudding slightly burnt on the bottom, sütlac, namely, a rice pudding, sup, namely, a chocolate pudding, muhallebi, namely a Turkish-style pudding; asure, namely, a fruit and nut pudding; confectionery, Turkish delight, pismaniye, namely, a Turkish-style cotton candy, frozen yogurt (confectionery), chocolates, chocolate products, chocolate and sugar covered products, chocolate and sugar products as Christmas tree decorations, chocolate-based beverages; baklava traditional Turkish dessert, söbiyet, namely, a baklava-like sweet pastry, tulumba tatlisi, namely, a syrup-soaked pastry, bülbül yuvasi, namely, a baklava-like pastry; pastries, bread, pie, in the nature of Turkish style calzone, pizza, lahmacun, namely, Turkish style pizza; ice creams, frozen creams, edible ices.

NEMA Holding, Nema Food Distribution Inc. (“NEMA Foods”), had, unbeknowst to Seyidoglu Company, registered the Seyidoglu mark with the United States Patent and Trademark Office (“USPTO”) on November 23,2010, well after Seyidoglu had received their trademark registry under the Madrid System. NEMA Foods’ Seyidoglu mark is associated with the following classification of goods;: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; condiments, namely, pepper oil; tahini in the nature of a mix made of ground sesame seed and sesame oil. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour, bread, pastry; pastries, namely, baklava, kadaifi, namely, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery, namely, Turkish delight, namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses; and milk products, namely, ice cream, ice milk, and frozen yogurt.

Seyidoglu Company and NEMA Foods never explicitly went into a legal contract, and Seyidoglu Company never gave NEMA Foods right to use its mark. While NEMA Foods, for a brief time bougth and sold Seyidoglu Company products in the past, the company has no experience in producing goods outlined in their trademark registration, and has no control over the mark in the international market where Seyidoglu Company is the prime exporter with export trade volume of approximately USD 1,1 million in 2018, USD 1 million in 2017, USD 2 million in 2016, and USD 3 million in 2015.

Seyitoglu Family representative Bilal Seyitoglu acting as the General Manager of the Seyidoglu Company would like to file for cancellation of above mentioned trademark on following ground:

False suggestion of a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute.

Seyidoglu Company, through its signatory General Manager Bilal Seyitoglu, who belongs to the Seyitoglu Family, is petitioning to cancel NEMA Foods’ above mentioned trademark, a name which falsely suggests connection with Seyidoglu Company, and the family name, both of which are synymous in Turkey and in other countries with fine baklava and other desserts and pastries manufacturing and associated services, as demonstrated by Seyidoglu Company’s long tradition of manufacturing and exporting desserts.

NEMA Foods’ ownership of the trademark puts future generations of the Seyitoglu family members, and future owners of the Baklava manufacturing and services business at risk by the likelihood of dilution of its mark and tarnishment of the family name by NEMA Foods’ use of its mark.

PETITION TO CANCEL Trademark Registration No.: 387839

Signed by Bilal Seyitoglu, General Manager 14.11.2018

EXHIBIT C

Generated on: This page was generated by TSDR on 2018-12-28 13:16:22 EST Mark: SEYIDOGLU

US Serial Number: 77853876 Application Filing Oct. 21, 2009 Date: US Registration 3878739 Registration Date: Nov. 23, 2010 Number: Register: Principal Mark Type: Trademark Status: A cancellation proceeding is pending at the Trademark Trial and Appeal Board. For further information, see TTABVUE on the Trademark Trial and Appeal Board web page. Status Date: Nov. 26, 2018 Publication Date: Sep. 07, 2010

Mark Information

Mark Literal SEYIDOGLU Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Translation: The wording "Seyidoglu" has no meaning in a foreign language. Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.

For: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; condiments, namely, pepper oil; tahini in the nature of a mix made of ground sesame seed and sesame oil International 029 - Primary Class U.S Class(es): 046 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Mar. 01, 2008 Use in Commerce: Mar. 01, 2008

For: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour, bread, pastry; pastries, namely, baklava, kadaifi, namely, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery, namely, Turkish delight, namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses; and milk products, namely, ice cream, ice milk, and frozen yogurt International 030 - Primary Class U.S Class(es): 046 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Mar. 01, 2008 Use in Commerce: Mar. 01, 2008 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information

Owner Name: NEMA FOOD DISTRIBUTION INC. Owner Address: 18 Commerce Rd Suite D Fairfield, NEW JERSEY 07004 UNITED STATES Legal Entity Type: CORPORATION State or Country NEW JERSEY Where Organized: Attorney/Correspondence Information

Attorney of Record - None Correspondent Correspondent NEMA FOOD DISTRIBUTION INC Name/Address: 18 COMMERCE RD SUITE D FAIRFIELD, NEW JERSEY 07004 UNITED STATES Phone: 9732564415 Fax: 9732564442 Correspondent e- [email protected] [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Nov. 26, 2018 CANCELLATION INSTITUTED NO. 999999 70059 Feb. 07, 2017 NOTICE OF ACCEPTANCE OF SEC. 8 - E-MAILED Feb. 07, 2017 REGISTERED - SEC. 8 (6-YR) ACCEPTED 69615 Feb. 01, 2017 TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED Jan. 13, 2017 POST REGISTRATION ACTION MAILED - SEC. 8 69615 Jan. 13, 2017 POST REGISTRATION ACTION MAILED - SEC. 8 69615 Jan. 03, 2017 TEAS CHANGE OF CORRESPONDENCE RECEIVED Nov. 28, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 69615 Sep. 13, 2016 TEAS SECTION 8 RECEIVED Sep. 13, 2016 TEAS CHANGE OF CORRESPONDENCE RECEIVED Nov. 23, 2015 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED Nov. 23, 2010 REGISTERED-PRINCIPAL REGISTER Sep. 07, 2010 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Sep. 07, 2010 PUBLISHED FOR OPPOSITION Aug. 04, 2010 LAW OFFICE PUBLICATION REVIEW COMPLETED 68171 Aug. 03, 2010 APPROVED FOR PUB - PRINCIPAL REGISTER Aug. 03, 2010 TEAS/EMAIL CORRESPONDENCE ENTERED 68171 Aug. 03, 2010 CORRESPONDENCE RECEIVED IN LAW OFFICE 68171 Aug. 03, 2010 ASSIGNED TO LIE 68171 Jul. 22, 2010 TEAS RESPONSE TO OFFICE ACTION RECEIVED Feb. 02, 2010 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Feb. 02, 2010 NON-FINAL ACTION E-MAILED 6325 Feb. 02, 2010 NON-FINAL ACTION WRITTEN 68181 Jan. 26, 2010 ASSIGNED TO EXAMINER 68181 Oct. 26, 2009 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Oct. 24, 2009 NEW APPLICATION ENTERED IN TRAM Maintenance Filings or Post Registration Information

Affidavit of Section 8 - Accepted Continued Use: TM Staff and Location Information

TM Staff Information - None File Location Current Location: TMEG LAW OFFICE 101 Date in Location: Feb. 07, 2017 Proceedings

Summary Number of 1 Proceedings: Type of Proceeding: Cancellation Proceeding 92070059 Filing Date: Nov 19, 2018 Number: Status: Pending Status Date: Nov 26, 2018 Interlocutory WENDY COHEN Attorney: Defendant Name: Nema Food Distribution Inc. Correspondent NEMA FOOD DISTRIBUTION INC Address: 18 COMMERCE RD SUITE D FAIRFIELD NJ , 07004 UNITED STATES Associated marks Serial Registration Mark Application Status Number Number SEYIDOGLU Cancellation Pending 77853876 3878739 Plaintiff(s) Name: Gaziantepli Habes Seyidoglu Baklavalari Uluslararasi Nakliyat ve San. Tic. Ltd. Sti. Correspondent ISMET A DINCER Address: 22 JACKSON RD BELMONT MA , 02478-3550 UNITED STATES Correspondent e- [email protected] , [email protected] , [email protected] mail: Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Nov 19, 2018 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Nov 26, 2018 Jan 05, 2019 3 INSTITUTED Nov 26, 2018 From: [email protected] Sent: Tuesday, February 7, 2017 11:00 PM To: [email protected] Cc: [email protected] Subject: Official USPTO Notice of Acceptance Section 8: U.S. Trademark RN 3878739: SEYIDOGLU

U.S. Serial Number: 77853876 U.S. Registration Number: 3878739 U.S. Registration Date: Nov 23, 2010 Mark: SEYIDOGLU Owner: NEMA FOOD DISTRIBUTION INC.

Feb 7, 2017

NOTICE OF ACCEPTANCE UNDER SECTION 8

The declaration of use or excusable nonuse filed for the above-identified registration meets the requirements of Section 8 of the Trademark Act, 15 U.S.C. §1058. The Section 8 declaration is accepted.

The registration will remain in force for the class(es) listed below, unless canceled by an order of the Commissioner for Trademarks or a Federal Court, as long as the requirements for maintaining the registration are fulfilled as they become due.

Class(es): 029, 030

TRADEMARK SPECIALIST POST-REGISTRATION DIVISION 571-272-9500

REQUIREMENTS FOR MAINTAINING REGISTRATION

WARNING: Your registration will be canceled if you do not file the documents below during the specified statutory time periods.

Requirements in the First Ten Years

What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between the 9th and 10th years after the registration date. See 15 U.S.C. §§1058, 1059.

Requirements in Successive Ten-Year Periods

What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the registration date. See 15 U.S.C. §§1058, 1059.

Grace Period Filings

The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

***THE USPTO IS NOT REQUIRED TO SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS. THE OWNER SHOULD CONTACT THE USPTO ONE YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***

To check the status of this registration, go to https://tsdr.uspto.gov/#caseNumber=77853876&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch or contact the Trademark Assistance Center at 1-800-786-9199.

To view this notice and other documents for this registration on-line, go to https://tsdr.uspto.gov/#caseNumber=77853876&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

* For further information, including information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at https://www.uspto.gov/trademark/ or contact the Trademark Assistance Center at 1-800-786-9199. 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 No Form Number (Rev 01/2012) OMB No. 0651-0055 (Exp 07/31/2018) Response to Office Action for Post-Registration Matters

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 77853876 REGISTRATION NUMBER 3878739 MARK SECTION

MARK https://tmng-al.uspto.gov/resting2/api/img/77853876/large

LITERAL ELEMENT SEYIDOGLU

STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES The mark consists of standard characters, without claim to any particular font style, MARK STATEMENT size or color. FORM TEXT Dear Sir or Madame; Owner of the registration# 3878739 (SEYIDOGLU) is NEMA FOOD DISTRIBUTION INC. When filing the Section 8 Affidavit, it was accidentally put as "Galip Kiyakli" It is a clerical error. Ownership of the mark remains the same as original. We would greatly appreciate if you can process the Section 8 Affidavit as NEMA FOOD DISTRIBUTION INC. as the owner of the trademark. Best regards; PAYMENT SECTION

NUMBER OF CLASSES 1

CORRECTING A DEFICIENCY IN A SECTION 8 100 AFFIDAVIT FEE PER APPLICATION

TOTAL FEES DUE 100 The filer has elected to bypass the checkbox indicating that a substitute specimen Substitute specimen bypass warning provided was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71. SIGNATURE SECTION

DECLARATION SIGNATURE /bn/

SIGNATORY'S NAME Beyhan Nakiboglu

SIGNATORY'S POSITION President

SIGNATORY'S PHONE NUMBER 973-256-4415

DATE SIGNED 02/01/2017

SUBMISSION SIGNATURE /bn/

SIGNATORY'S NAME Beyhan Nakiboglu

SIGNATORY'S POSITION President

SIGNATORY'S PHONE NUMBER 973-256-4415

DATE SIGNED 02/01/2017 AUTHORIZED SIGNATORY YES FILING INFORMATION SECTION

SUBMIT DATE Wed Feb 01 15:55:01 EST 2017 USPTO/TRS-XX.XXX.XX.XX-20 170201155501677247-387873 TEAS STAMP 9-20170201153403625326-CC -2336-2017020115340362532 6

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 No Form Number (Rev 01/2012) OMB No. 0651-0055 (Exp 07/31/2018)

Response to Office Action for Post-Registration Matters To the Commissioner for Trademarks:

The following is submitted for registration number. 3878739

FORM INFORMATION

Dear Sir or Madame; Owner of the registration# 3878739 (SEYIDOGLU) is NEMA FOOD DISTRIBUTION INC. When filing the Section 8 Affidavit, it was accidentally put as "Galip Kiyakli" It is a clerical error. Ownership of the mark remains the same as original. We would greatly appreciate if you can process the Section 8 Affidavit as NEMA FOOD DISTRIBUTION INC. as the owner of the trademark. Best regards; The filer has elected to bypass the checkbox indicating that a substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71.

Warning: If you are providing a substitute specimen and do not provide the required statement verifying use, upon review of your response, if it is determined that verification is required, another Office action will issue requiring this statement to complete your response.

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder; or (2) a person(s) with legal authority to bind the owner/holder of the registration; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her me in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

FEE(S) Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S) Declaration Signature The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /bn/ Date: 02/01/2017 Signatory's Name: Beyhan Nakiboglu Signatory's Position: President Signatory's Phone Number: 973-256-4415

Submission Signature Signature: /bn/ Date: 02/01/2017 Signatory's Name: Beyhan Nakiboglu Signatory's Position: President Signatory's Phone Number: 973-256-4415

RAM Sale Number: 2336 RAM Accounting Date: 02/02/2017

Serial Number: 77853876 Internet Transmission Date: Wed Feb 01 15:55:01 EST 2017 TEAS Stamp: USPTO/TRS-XX.XXX.XX.XX-20170201155501677 247-3878739-20170201153403625326-CC-2336 -20170201153403625326 To: NEMA FOOD DISTRIBUTION INC. ([email protected]) Subject: TRADEMARK REGISTRATION NO. 3878739 - SEYIDOGLU - N/A Sent: 01/13/17 01:53:14 PM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION

U.S. REGISTRATION NO. 3878739

OWNER: NEMA FOOD DISTRIBUTION INC. 77853876 CORRESPONDENT’S ADDRESS : NEMA FOOD DISTRIBUTION INC. NEMA FOOD DISTRIBUTION INC.

Suite D 18 Commerce Rd Fairfield NJ 07004 MARK: SEYIDOGLU

CORRESPONDENT’S REFERENCE/DOCKET NO. N/A

CORRESPONDENT’S EMAIL ADDRESS : [email protected]

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:

http://www.uspto.gov/trademarks/teas/reg_maintain.jsp

POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 1/13/2017 U.S. Registration Number 3878739

The Section 8 Affidavit, filed on September 13, 2016, is not accepted for the reason(s) set forth below.

OWNERSHIP INFORMATION

The party who filed the Section 8 Affidavit must establish its ownership of the registration. Trademark Act Section 8 requires the current owner of the registration to file the Section 8 Affidavit. 15 U.S.C. §1058; 37 C.F.R. §§2.161(a), 3.73(b); TMEP §1604.07(a). Office records do not show clear chain of title in the party who filed the Section 8 Affidavit.

The filer of the Section 8 Affidavit must clarify its name and ownership of the registration. The owner’s name on the registration is identified as NEMA FOOD DISTRIBUTION INC. a corporation of New Jersey, but the party who filed the Section 8 Affidavit is identified as Galip Kiyakli, DBA NEMA FOOD DIST., a corporation of New Jersey. If the mistake was merely a clerical error, please state so for the record and clarify the owner’s actual name. A typographical or clerical error in the owner’s name can be corrected. In re Atlanta Blue Print Co., 19 USPQ2d 1078 (Comm’r Pats. 1990); TMEP §1604.07(f).

If the Section 8 Affidavit was filed by an entity other than the owner of record, then the filer of the Section 8 Affidavit must establish its ownership. 37 C.F.R. §3.73(b); TMEP §1604.07(a)-(b).

The party who filed the Section 8 Affidavit must establish its current ownership of the registration. 15 U.S.C. §1058; 37 C.F.R. §2.161(a); TMEP §1604.07(a). Ownership can be established by satisfying one of the following: (1) recording the appropriate documents with the Assignment Services Branch of the Office; or (2) submitting actual evidence showing the transfer of title to the party who filed the Section 8 Affidavit. 37 C.F.R. §3.73(b); TMEP §§502.01, 1604.07(b). More information about these two methods for establishing ownership of the registration appears directly below.

(1) If the present owner chooses to record the appropriate documents with the Assignment Services Branch, the documents must be recorded before expiration of the time for filing a response. In addition, you must notify the undersigned when the documents have been recorded. For information regarding recording assignments, name changes and mergers, please visit the webpage http://www.uspto.gov/web/trademarks/workflow/assign.htm and see TMEP §§503 et seq. For specific questions, please contact the Assignment Services Branch at 571-272-3350. To expedite recordation, the owner is encouraged to file requests for recordation through the Electronic Trademark Assignment System (ETAS) at http://etas.uspto.gov. To record an assignment, the owner must submit the assignment documents along with a cover sheet and the required fee. 37 C.F.R. §§3.28, 3.31. The fees for recording an assignment are $40.00 for the first mark in a document and $25.00 for each additional mark in the same document. 37 C.F.R. §2.6(b)(6). The Office will accept for recording a copy of an original document, a copy of an extract from the document evidencing the effect on title, or a statement signed by both the party conveying the interest and the party receiving the interest explaining how the conveyance affects title. 37 C.F.R. §3.25.

(2) If the present owner prefers to submit actual evidence of ownership directly to the undersigned trademark specialist, copies of the actual documents transferring title or a statement explaining the valid transfer of legal title must be submitted. If submitting a statement of facts explaining the transfer of title, this statement must be verified with an affidavit or a signed declaration under 37 C.F.R. §2.20. See 37 C.F.R. §3.73; TMEP §§502 et seq.

Acceptance Notice Issued in Name of Owner of Record

Please note that if the party who filed the Section 8 Affidavit submits sufficient evidence to establish ownership but the ownership documents are not recorded with the Assignment Services Branch before expiration of the time to file a response, then the acceptance notice will issue in the name of the owner of record. 37 C.F.R. §3.85; TMEP §502.02. An updated acceptance notice will not issue if ownership documents are recorded following the expiration of the time to file a response; however, the new owner may file a request for a new certificate in the new owner’s name, along with the required fee. See 37 C.F.R. §2.6(a)(8); TMEP §502.03.

There is no deficiency, and no deficiency surcharge is required for providing evidence to establish ownership. TMEP §1604.07(a).

Information for Section 8 Affidavits Not Filed in the Name of the Owner

If the Section 8 Affidavit was not filed in the name of the owner of the registration and there is time remaining in the statutory filing period, including grace period, when responding to this Office action, the true owner may (1) submit a correction of the name in the filing of record or (2) file a complete new Section 8 Affidavit with a new specimen and filing fee. Please note that a deficiency surcharge is required if the Section 8 Affidavit was submitted before the grace period began and a correction of the name in the filing of record is received during the grace period. 37 C.F.R. §2.164(a)(1); TMEP §1604.17(a). The deficiency surcharge is $100. 37 C.F.R. §2.6. The fee for filing a Section 8 Affidavit is $100 per class. 37 C.F.R. §2.6. If the new Section 8 Affidavit is filed during the six-month grace period, the owner must pay the filing fee for the Section 8 Affidavit and the grace period fee. 15 U.S.C. §1058; 37 C.F.R. §§2.160, 2.161; TMEP §1604.07(a). The grace period fee is $100 per class. 37 C.F.R. §2.6.

If the Section 8 Affidavit was not filed in the name of the owner of the registration and there is no time remaining in the grace period when responding to this Office action, the true owner may submit a correction of the name in the filing of record with payment of the deficiency surcharge, but may not file a new Section 8 Affidavit. 15 U.S.C. §1058.

Confirmation Required: Affidavit Signed by Authorized Signatory

If a correction of the name in the filing of record is submitted at any time, the true owner must confirm that the original affidavit was signed by a person properly authorized to sign on behalf of the owner. 37 C.F.R. §§2.161(b), 2.193(e)(1); TMEP §1604.08(a). If the original affidavit was not signed by an authorized signatory, the owner must also submit a statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20 by a person properly authorized to sign on behalf of the owner, attesting to the use or excusable nonuse of the mark during the relevant period for filing the 6-year Section 8.

The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the Section 8 Affidavit, if properly signed and dated:

The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 6-year Section 8.

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

______Signature of Authorized Person ______Type or Print Name ______Date

The following persons are properly authorized to sign a Section 8 Affidavit on behalf of the owner: (1) A person with legal authority to bind the owner (e.g., a corporate officer or general partner); (2) A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or (3) An authorized attorney who has an actual written or verbal power of attorney or an implied power of attorney from the owner. 37 C.F.R. §§2.161(b), 2.193(e)(1); TMEP §1604.08(a).

/James Wilson/ James Wilson Trademark Program Analyst Post Registration Divsion (on work project) Office of Trademark Services Office 571-272-9702

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.uspto.gov/trademarks/teas/reg_maintain.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration. For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned specialist. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this registration will be placed in the official registration record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual owner or someone with legal authority to bind an owner (i.e., a corporate officer, a general partner, all joint owners). If an owner is represented by an attorney, the attorney must sign the response.

CHECK THE STATUS OF THE REGISTRATION: To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.

To: NEMA FOOD DISTRIBUTION INC. ([email protected]) Subject: TRADEMARK REGISTRATION NO. 3878739 - SEYIDOGLU - N/A Sent: 01/13/17 01:53:14 PM Sent As: [email protected] Attachments:

IMPORTANT NOTICE USPTO OFFICE ACTION HAS ISSUED ON 01/13/2017 FOR REGISTRATION NO. 3878739

Please follow the instructions below to continue the examination of your post registration filing: VIEW OFFICE ACTION: Click on this link http://tsdr.uspto.gov/view.action?DDA=Y&sn=77853876&type=OOA&date=20170113 (or copy and paste this URL into the address field of your browser), or visit http://tsdr.uspto.gov/ and enter the registration 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. RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required, (2) how to respond and (3) the applicable response time period your response deadline will be calculated from. Do NOT hit 'Reply' to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.uspto.gov/teas/eTEASpageD.htm. HELP: For technical assistance in accessing the Office action, please e-mail [email protected]. Please contact the assigned examiner with questions about the Office action. WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached. 2. Failure to file any required response by the applicable deadline may result in the cancellation and/or expiration of your registration. To: NEMA FOOD DISTRIBUTION INC. ([email protected]) Subject: TRADEMARK REGISTRATION NO. 3878739 - SEYIDOGLU - N/A Sent: 01/13/17 01:49:16 PM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION

U.S. REGISTRATION NO. 3878739

OWNER: NEMA FOOD DISTRIBUTION INC. 77853876 CORRESPONDENT’S ADDRESS : Galip Kiyakli NEMA FOOD DIST. 18 Commerce Rd Suite D Fairfield, NJ, 07004 MARK: SEYIDOGLU

CORRESPONDENT’S REFERENCE/DOCKET NO. N/A

CORRESPONDENT’S EMAIL ADDRESS : [email protected]

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:

http://www.uspto.gov/trademarks/teas/reg_maintain.jsp

POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 1/13/2017 U.S. Registration Number 3878739

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION

U.S. REGISTRATION NO. 3878739

OWNER: NEMA FOOD DISTRIBUTION INC. 77853876 CORRESPONDENT’S ADDRESS : Galip Kiyakli NEMA FOOD DIST. 18 Commerce Rd Suite D Fairfield, NJ, 07004 MARK: SEYIDOGLU

CORRESPONDENT’S REFERENCE/DOCKET NO. N/A

CORRESPONDENT’S EMAIL ADDRESS : [email protected]

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:

http://www.uspto.gov/trademarks/teas/reg_maintain.jsp

POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 1/13/2017 U.S. Registration Number 3878739

The Section 8 Affidavit, filed on September 13, 2016, is not accepted for the reason(s) set forth below.

OWNERSHIP INFORMATION

If the Section 8 Affidavit was filed by an entity other than the owner of record, then the filer of the Section 8 Affidavit must establish its ownership. 37 C.F.R. §3.73(b); TMEP §1604.07(a)-(b).

Acceptance Notice Issued in Name of Owner of Record

There is no deficiency, and no deficiency surcharge is required for providing evidence to establish ownership. TMEP §1604.07(a).

Information for Section 8 Affidavits Not Filed in the Name of the Owner

Confirmation Required: Affidavit Signed by Authorized Signatory

The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the Section 8 Affidavit, if properly signed and dated:

______Signature of Authorized Person ______Type or Print Name ______Date

/James Wilson/ James Wilson Trademark Program Analyst Post Registration Divsion (on work project) Office of Trademark Services Office 571.272.9702

All informal e-mail communications relevant to this registration will be placed in the official registration record.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.

To: NEMA FOOD DISTRIBUTION INC. ([email protected]) Subject: TRADEMARK REGISTRATION NO. 3878739 - SEYIDOGLU - N/A Sent: 01/13/17 01:49:16 PM Sent As: [email protected] Attachments:

IMPORTANT NOTICE USPTO OFFICE ACTION HAS ISSUED ON 01/13/2017 FOR REGISTRATION NO. 3878739

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 77853876 REGISTRATION NUMBER 3878739 LAW OFFICE ASSIGNED LAW OFFICE 101 MARK SECTION SEYIDOGLU (see, https://tmng- MARK al.uspto.gov/resting2/api/img/77853876/large) CORRESPONDENCE SECTION (current) Galip Kiyakli NEMA FOOD DIST. 18 Commerce Rd Suite D Fairfield, NJ 07004 ORIGINAL ADDRESS US 9732564415 9732564442 [email protected];[email protected] NEW CORRESPONDENCE ADDRESS NEMA FOOD DISTRIBUTION INC. NEMA FOOD DISTRIBUTION INC. Suite D 18 Commerce Rd Fairfield NEW ADDRESS New Jersey United States 07004 9732564415 9732564442 [email protected]; [email protected]

AUTHORIZED TO COMMUNICATE VIA E-MAIL YES

INDIVIDUAL ATTORNEY DOCKET/REFERENCE NUMBER SIGNATURE SECTION

SIGNATURE /bn/

SIGNATORY NAME Beyhan Nakiboglu

SIGNATORY DATE 01/03/2017

SIGNATORY POSITION President

SIGNATORY PHONE NUMBER 973-256-4415

AUTHORIZED SIGNATORY YES FILING INFORMATION SECTION

SUBMIT DATE Tue Jan 03 16:19:44 EST 2017 USPTO/CCA-XXX.X.XXX.XXX-2 0170103161944911702-77853 876-570184498ae39ee7f367e TEAS STAMP d91e7e2639414612727bc9864 93e4d0cdded6d14d5f1-N/A-N /A-20170103161012539144 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 1563 (Rev 05/2006) OMB No. 0651-0055 (Exp 07/31/2018) Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

The table below presents the data as entered.

Input Field Entered REGISTRATION 3878739 NUMBER REGISTRATION 11/23/2010 DATE SERIAL NUMBER 77853876 MARK SECTION

MARK SEYIDOGLU CORRESPONDENCE SECTION (current)

NAME NEMA FOOD DISTRIBUTION INC.

FIRM NAME NEMA FOOD DISTRIBUTION INC.

STREET 40 GORDON DR BLDG 3

CITY TOTOWA

STATE New Jersey

POSTAL CODE 07512-2204

COUNTRY United States

PHONE 9732564415

FAX 9732564442

EMAIL [email protected] CORRESPONDENCE SECTION (proposed)

NAME Galip Kiyakli

FIRM NAME NEMA FOOD DIST.

STREET 18 Commerce Rd Suite D

CITY Fairfield

STATE New Jersey

POSTAL CODE 07004

COUNTRY United States

PHONE 9732564415

FAX 9732564442

EMAIL [email protected];[email protected]

AUTHORIZED TO COMMUNICATE VIA Yes E-MAIL GOODS AND/OR SERVICES SECTION INTERNATIONAL 029 CLASS Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, GOODS OR SERVICES and marmalade; compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; condiments, namely, pepper oil; tahini in the nature of a mix made of ground sesame seed and sesame oil

SPECIMEN FILE NAME(S)

JPG FILE(S) \\TICRS\EXPORT17\IMAGEOUT 17\778\538\77853876\xml2\ S080004.JPG

\\TICRS\EXPORT17\IMAGEOUT17\778\538\77853876\xml2\S080005.JPG

\\TICRS\EXPORT17\IMAGEOUT17\778\538\77853876\xml2\S080006.JPG

ORIGINAL PDF SPN0-1085127132-20160913123826331372_._Inv_15367_from_NEMA_FOOD_DISTRIBUTION_INC_14800.pdf FILE

CONVERTED PDF FILE(S) \\TICRS\EXPORT17\IMAGEOUT17\778\538\77853876\xml2\S080002.JPG (2 pages)

\\TICRS\EXPORT17\IMAGEOUT17\778\538\77853876\xml2\S080003.JPG

SPECIMEN invoice and product pictures DESCRIPTION

INTERNATIONAL 030 CLASS Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour, bread, pastry; pastries, namely, baklava, kadaifi, namely, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery, namely, Turkish delight, GOODS OR SERVICES namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses; and milk products, namely, ice cream, ice milk, and frozen yogurt

SPECIMEN FILE NAME(S)

JPG FILE(S) \\TICRS\EXPORT17\IMAGEOUT 17\778\538\77853876\xml2\ S080007.JPG

\\TICRS\EXPORT17\IMAGEOUT17\778\538\77853876\xml2\S080008.JPG

\\TICRS\EXPORT17\IMAGEOUT17\778\538\77853876\xml2\S080011.JPG

\\TICRS\EXPORT17\IMAGEOUT17\778\538\77853876\xml2\S080012.JPG

ORIGINAL PDF SPN1-1085127132-20160913123826331372_._catalogue_cover.pdf FILE

CONVERTED PDF FILE(S) \\TICRS\EXPORT17\IMAGEOUT17\778\538\77853876\xml2\S080009.JPG (1 page)

ORIGINAL PDF SPN1-1085127132-20160913123826331372_._invoice.pdf FILE

CONVERTED PDF FILE(S) \\TICRS\EXPORT17\IMAGEOUT17\778\538\77853876\xml2\S080010.JPG (1 page)

SPECIMEN Invoice, product pictures, poster and catalog cover DESCRIPTION OWNER SECTION (current)

NAME NEMA FOOD DISTRIBUTION INC.

STREET 40 GORDON DRIVE BLDG. 3

CITY TOTOWA

STATE New Jersey ZIP/POSTAL CODE 07512

COUNTRY United States

PHONE 9732564415

FAX 9732564442

EMAIL [email protected] OWNER SECTION (proposed)

NAME Galip Kiyakli

DBA/AKA/TA/Formerly DBA NEMA FOOD DIST.

INTERNAL ADDRESS 18 Commerce Rd Suite D

STREET 18 Commerce Rd Suite D

CITY Fairfield

STATE New Jersey

ZIP/POSTAL CODE 07004

COUNTRY United States

PHONE 9732564415

FAX 9732564442

EMAIL [email protected] LEGAL ENTITY SECTION (current)

TYPE corporation

STATE/COUNTRY OF New Jersey INCORPORATION PAYMENT SECTION

NUMBER OF 2 CLASSES

NUMBER OF 2 CLASSES PAID

SUBTOTAL AMOUNT 200

TOTAL FEE PAID 200 SIGNATURE SECTION

SIGNATURE /bn/

SIGNATORY'S NAME Beyhan Nakiboglu

SIGNATORY'S President POSITION

DATE SIGNED 09/13/2016

SIGNATORY'S 9732564415 PHONE NUMBER

PAYMENT METHOD CC FILING INFORMATION

SUBMIT DATE Tue Sep 13 13:15:23 EDT 2016 USPTO/SECT08-XXX.X.XXX.XX X-20160913131523243675-38 78739-5506775fa71abfc89f4 TEAS STAMP 91bcb285785437a18fe8de257 de43ebd960589cdfbee13b-CC -10999-201609131238263313 72 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 1563 (Rev 05/2006) OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8 To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3878739 REGISTRATION DATE: 11/23/2010

MARK: SEYIDOGLU (see, )

The owner, Galip Kiyakli, DBA NEMA FOOD DIST., a corporation of New Jersey, having an address of 18 Commerce Rd Suite D 18 Commerce Rd Suite D Fairfield, New Jersey 07004 United States 9732564415 9732564442 [email protected] (not authorized) is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 029, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; condiments, namely, pepper oil; tahini in the nature of a mix made of ground sesame seed and sesame oil ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) invoice and product pictures. JPG file(s): Specimen File1 Specimen File2 Specimen File3 Original PDF file: SPN0-1085127132-20160913123826331372_._Inv_15367_from_NEMA_FOOD_DISTRIBUTION_INC_14800.pdf Converted PDF file(s) (2 pages) Specimen File1 Specimen File2

For International Class 030, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour, bread, pastry; pastries, namely, baklava, kadaifi, namely, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery, namely, Turkish delight, namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses; and milk products, namely, ice cream, ice milk, and frozen yogurt ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Invoice, product pictures, poster and catalog cover. JPG file(s): Specimen File1 Specimen File2 Specimen File3 Specimen File4 Original PDF file: SPN1-1085127132-20160913123826331372_._catalogue_cover.pdf Converted PDF file(s) (1 page) Specimen File1 Original PDF file: SPN1-1085127132-20160913123826331372_._invoice.pdf Converted PDF file(s) (1 page) Specimen File1 The registrant's current Correspondence Information: NEMA FOOD DISTRIBUTION INC. of NEMA FOOD DISTRIBUTION INC. 40 GORDON DR BLDG 3 TOTOWA, New Jersey 07512-2204 United States

The registrant's proposed Correspondence Information: Galip Kiyakli of NEMA FOOD DIST. 18 Commerce Rd Suite D Fairfield, New Jersey 07004 United States

The phone number is 9732564415.

The fax number is 9732564442.

The email address is [email protected];[email protected].

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.

Declaration

Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services, or to indicate membership in the collective membership organization, identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /bn/ Date: 09/13/2016 Signatory's Name: Beyhan Nakiboglu Signatory's Position: President Signatory's Phone Number: 9732564415

Serial Number: 77853876 Internet Transmission Date: Tue Sep 13 13:15:23 EDT 2016 TEAS Stamp: USPTO/SECT08-XXX.X.XXX.XXX-2016091313152 3243675-3878739-5506775fa71abfc89f491bcb 285785437a18fe8de257de43ebd960589cdfbee1 3b-CC-10999-20160913123826331372

Change Of Correspondence Address

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 77853876 MARK SECTION

MARK SEYIDOGLU (see, ) NEW CORRESPONDENCE ADDRESS Galip Kiyakli

NEMA FOOD DIST. 18 Commerce Rd Suite D Fairfield NEW ADDRESS New Jersey United States 07004 9732564415 9732564442 [email protected]; [email protected]

AUTHORIZED TO COMMUNICATE VIA E-MAIL YES

INDIVIDUAL ATTORNEY DOCKET/REFERENCE NUMBER SIGNATURE SECTION

SIGNATURE /bn/

SIGNATORY NAME Beyhan Nakiboglu

SIGNATORY DATE 09/13/2016

SIGNATORY POSITION President

SIGNATORY PHONE NUMBER 9732564415 FILING INFORMATION SECTION

SUBMIT DATE Tue Sep 13 13:15:23 EDT 2016 USPTO/SECT08-XXX.X.XXX.XX X-20160913131523243675-38 78739-5506775fa71abfc89f4 TEAS STAMP 91bcb285785437a18fe8de257 de43ebd960589cdfbee13b-CC -10999-201609131238263313 72 From: [email protected] Sent: Monday, November 23, 2015 06:51 AM To: [email protected] Subject: Official USPTO Courtesy Reminder of Required Trademark Registration Maintenance Filing Under Section 8: U.S. Trademark RN 3878739: SEYIDOGLU

U.S. Serial Number: 77853876 U.S. Registration Number: 3878739 U.S. Registration Date: Nov 23, 2010 Mark: SEYIDOGLU Owner: NEMA FOOD DISTRIBUTION INC.

Nov 23, 2015

U.S. PATENT AND TRADEMARK OFFICE ("USPTO") COURTESY REMINDER OF REQUIRED TRADEMARK REGISTRATION MAINTENANCE FILING UNDER SECTION 8

WARNING: Your trademark registration will be CANCELLED if you do not file the required document below during the specified statutory time period.

The above-identified registration registered on Nov 23, 2010. Therefore, the owner of the registration must file a Declaration of Use and/or Excusable Nonuse under §8 of the Trademark Act anytime between now and Nov 23, 2016. For an additional fee, the owner may file the declaration within the six-month grace period that ends on May 23, 2017. See 15 U.S.C. §1058. The current fee for filing a declaration under §8 is $100 per class, and the additional fee for filing during the six-month grace period is $100 per class. 37 C.F.R. §2.6.

If the registration meets the requirements of §15 of the Trademark Act, the owner may additionally file an optional Declaration of Incontestability under §15. See 15 U.S.C. §1065. The current fee for filing a declaration under §15 is $200 per class. 37 C.F.R. §2.6.

To expedite processing, the owner is encouraged to file through the USPTO's official website using the Trademark Electronic Application System ("TEAS"). Official forms for filing Declarations of Use and/or Excusable Nonuse under §8 and Combined Declarations of Use and Incontestability under §§8 and 15 are available through TEAS at http://www.uspto.gov/trademarks/teas/reg_maintain.jsp.

For information regarding how to record ownership documents such as assignments, name changes and mergers, please see TMEP §503. To expedite recordation, the owner is encouraged to file requests for recordation through the Electronic Trademark Assignment System ("ETAS") at http://etas.uspto.gov.

For further information regarding the maintenance of a trademark registration, including future maintenance filings, please consult the USPTO website at http://www.uspto.gov/trademarks/process/maintain/prfaq.jsp.

This reminder notice is being sent only as a courtesy to those trademark owners who have authorized e-mail communication and maintain a current e-mail address with the USPTO. Failure by the USPTO to send a reminder or non-receipt of a reminder does not excuse a trademark owner from meeting the statutory obligations for maintaining a trademark registration. If a registration is cancelled and/or expired due to the failure to timely file required maintenance documents, it cannot be reinstated or revived.

To check the status of this registration, go to http://tsdr.uspto.gov/#caseNumber=77853876&caseType=SERIAL_NO&searchType=statusSearch or contact the Trademark Assistance Center at 1-800-786-9199.

Beware of Unofficial Trademark Solicitations: Please be aware that private companies not associated with the USPTO often use trademark registration information from the USPTO's database to mail or e-mail trademark-related solicitations. This is the only official reminder that you will receive from the USPTO about your upcoming required maintenance filing. For additional information about these private solicitations, please visit the USPTO website at http://www.uspto.gov/trademarks/solicitation_warnings.jsp.

In order to be eligible for future e-mail reminders of maintenance filings, please remember to authorize e-mail communication when filing your maintenance documents through TEAS and ensure that you maintain a current e-mail address with the USPTO.

From: [email protected] Sent: Tuesday, September 7, 2010 00:24 AM To: [email protected] Subject: Official USPTO Notice of Publication: Serial Number 77853876

NOTICE OF PUBLICATION

Serial Number: 77-853,876 Mark: SEYIDOGLU(STANDARD CHARACTER MARK) International Class(es): 029, 030 Applicant: NEMA FOOD DISTRIBUTION INC. Attorney Reference Number:

The mark identified above has been published in the Trademark Official Gazette (OG) on Sep 07, 2010. Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal Board. If no party files an opposition or extension request within thirty (30) days after the publication date, then within twelve (12) weeks of the publication date a certificate of registration should issue.

On the publication date or shortly thereafter, the applicant should carefully review the information that appears in the OG for accuracy (see steps, below). If any information is incorrect, the applicant should immediately email the requested correction to [email protected]. For general information about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

1. Click on the following link or paste the URL into an internet browser: http://www.uspto.gov/web/trademarks/tmog/20100907_OG.pdf#page=1 2. Wait for the total OG to download completely (as indicated on bottom of OG page). 3. At the top/side of the displayed page, click wherever the "binoculars" icon appears. 4. Enter in the "search" box the name of the applicant (for individual: last name, first name) or the serial number in this exact format (with hyphen and comma): 77-853,876, e.g. 5. View the retrieved result(s). If multiple results appear in the "results" box, click directly on each "search term" shown in the box to access all separate appearances in the OG. Trademark Snap Shot Publication & Issue Review Stylesheet (Table presents the data on Publication & Issue Review Complete)

OVERVIEW

SERIAL NUMBER 77853876 FILING DATE 10/21/2009

REG NUMBER 0000000 REG DATE N/A

INTL REG # N/A INTL REG DATE N/A

TM ATTORNEY FALK, ERIN M L.O. ASSIGNED 101

PUB INFORMATION

RUN DATE 08/05/2010

PUB DATE 09/07/2010

STATUS 681-PUBLICATION/ISSUE REVIEW COMPLETE

STATUS DATE 08/04/2010

LITERAL MARK ELEMENT SEYIDOGLU

DATE ABANDONED N/A DATE CANCELLED N/A

SECTION 2F NO SECTION 2F IN PART NO

SECTION 8 NO SECTION 8 IN PART NO

SECTION 15 NO REPUB 12C N/A

RENEWAL FILED NO RENEWAL DATE N/A

DATE AMEND REG N/A

FILING BASIS

FILED BASIS CURRENT BASIS AMENDED BASIS

1 (a) YES 1 (a) YES 1 (a) NO

1 (b) NO 1 (b) NO 1 (b) NO

44D NO 44D NO 44D NO

44E NO 44E NO 44E NO

66A NO 66A NO

NO BASIS NO NO BASIS NO

MARK DATA

STANDARD CHARACTER MARK YES

LITERAL MARK ELEMENT SEYIDOGLU

MARK DRAWING CODE 4-STANDARD CHARACTER MARK

COLOR DRAWING FLAG NO

CURRENT OWNER INFORMATION

PARTY TYPE 10-ORIGINAL APPLICANT

NAME NEMA FOOD DISTRIBUTION INC.

ADDRESS 40 GORDON DRIVE BLDG. 3 TOTOWA, NJ 07512

ENTITY 03-CORPORATION CITIZENSHIP New Jersey

GOODS AND SERVICES

INTERNATIONAL CLASS 029

DESCRIPTION TEXT Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; condiments, namely, pepper oil; tahini in the nature of a mix made of ground sesame seed and sesame oil

INTERNATIONAL CLASS 030

DESCRIPTION TEXT Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour, bread, pastry; pastries, namely, baklava, kadaifi, namely, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried- dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery, namely, Turkish delight, namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses; and milk products, namely, ice cream, ice milk, and frozen yogurt

GOODS AND SERVICES CLASSIFICATION

INTERNATIONAL 029 FIRST USE DATE 03/01/2008 FIRST USE IN 03/01/2008 CLASS STATUS 6-ACTIVE CLASS COMMERCE DATE

INTERNATIONAL 030 FIRST USE DATE 03/01/2008 FIRST USE IN 03/01/2008 CLASS STATUS 6-ACTIVE CLASS COMMERCE DATE

MISCELLANEOUS INFORMATION/STATEMENTS

CHANGE IN REGISTRATION NO

TRANSLATION The wording "Seyidoglu" has no meaning in a foreign language.

PROSECUTION HISTORY

DATE ENT CD ENT TYPE DESCRIPTION ENT NUM

08/04/2010 PREV O LAW OFFICE PUBLICATION REVIEW COMPLETED 012

08/03/2010 CNSA O APPROVED FOR PUB - PRINCIPAL REGISTER 011

08/03/2010 TEME I TEAS/EMAIL CORRESPONDENCE ENTERED 010

08/03/2010 CRFA I CORRESPONDENCE RECEIVED IN LAW OFFICE 009

08/03/2010 ALIE A ASSIGNED TO LIE 008

07/22/2010 TROA I TEAS RESPONSE TO OFFICE ACTION RECEIVED 007

02/02/2010 GNRN O NOTIFICATION OF NON-FINAL ACTION E-MAILED 006

02/02/2010 GNRT F NON-FINAL ACTION E-MAILED 005

02/02/2010 CNRT R NON-FINAL ACTION WRITTEN 004

01/26/2010 DOCK D ASSIGNED TO EXAMINER 003

10/26/2009 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002

10/24/2009 NWAP I NEW APPLICATION ENTERED IN TRAM 001

CURRENT CORRESPONDENCE INFORMATION

ATTORNEY NONE

CORRESPONDENCE ADDRESS NEMA FOOD DISTRIBUTION INC. NEMA FOOD DISTRIBUTION INC. 40 GORDON DR BLDG 3 TOTOWA, NJ 07512-2204

DOMESTIC REPRESENTATIVE NONE

Trademark Snap Shot Publication Stylesheet (Table presents the data on Publication Approval)

OVERVIEW

SERIAL NUMBER 77853876 FILING DATE 10/21/2009

REG NUMBER 0000000 REG DATE N/A

INTL REG # N/A INTL REG DATE N/A

TM ATTORNEY FALK, ERIN M L.O. ASSIGNED 101

PUB INFORMATION

RUN DATE 08/04/2010

PUB DATE N/A

STATUS 680-APPROVED FOR PUBLICATION

STATUS DATE 08/03/2010

LITERAL MARK ELEMENT SEYIDOGLU

DATE ABANDONED N/A DATE CANCELLED N/A

SECTION 2F NO SECTION 2F IN PART NO

SECTION 8 NO SECTION 8 IN PART NO

SECTION 15 NO REPUB 12C N/A

RENEWAL FILED NO RENEWAL DATE N/A

DATE AMEND REG N/A

FILING BASIS

FILED BASIS CURRENT BASIS AMENDED BASIS

1 (a) YES 1 (a) YES 1 (a) NO

1 (b) NO 1 (b) NO 1 (b) NO

44D NO 44D NO 44D NO

44E NO 44E NO 44E NO

66A NO 66A NO

NO BASIS NO NO BASIS NO

MARK DATA

STANDARD CHARACTER MARK YES

LITERAL MARK ELEMENT SEYIDOGLU

MARK DRAWING CODE 4-STANDARD CHARACTER MARK

COLOR DRAWING FLAG NO

CURRENT OWNER INFORMATION

PARTY TYPE 10-ORIGINAL APPLICANT

NAME NEMA FOOD DISTRIBUTION INC.

ADDRESS 40 GORDON DRIVE BLDG. 3 TOTOWA, NJ 07512

ENTITY 03-CORPORATION CITIZENSHIP New Jersey

GOODS AND SERVICES

INTERNATIONAL CLASS 029

INTERNATIONAL CLASS 030

GOODS AND SERVICES CLASSIFICATION

INTERNATIONAL 029 FIRST USE DATE 03/01/2008 FIRST USE IN 03/01/2008 CLASS STATUS 6-ACTIVE CLASS COMMERCE DATE

INTERNATIONAL 030 FIRST USE DATE 03/01/2008 FIRST USE IN 03/01/2008 CLASS STATUS 6-ACTIVE CLASS COMMERCE DATE

MISCELLANEOUS INFORMATION/STATEMENTS

CHANGE IN REGISTRATION NO

TRANSLATION The wording "Seyidoglu" has no meaning in a foreign language.

PROSECUTION HISTORY

DATE ENT CD ENT TYPE DESCRIPTION ENT NUM

08/03/2010 CNSA O APPROVED FOR PUB - PRINCIPAL REGISTER 011

08/03/2010 TEME I TEAS/EMAIL CORRESPONDENCE ENTERED 010

08/03/2010 CRFA I CORRESPONDENCE RECEIVED IN LAW OFFICE 009

08/03/2010 ALIE A ASSIGNED TO LIE 008

07/22/2010 TROA I TEAS RESPONSE TO OFFICE ACTION RECEIVED 007

02/02/2010 GNRN O NOTIFICATION OF NON-FINAL ACTION E-MAILED 006

02/02/2010 GNRT F NON-FINAL ACTION E-MAILED 005

02/02/2010 CNRT R NON-FINAL ACTION WRITTEN 004

01/26/2010 DOCK D ASSIGNED TO EXAMINER 003

10/26/2009 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002

10/24/2009 NWAP I NEW APPLICATION ENTERED IN TRAM 001

CURRENT CORRESPONDENCE INFORMATION

ATTORNEY NONE

CORRESPONDENCE ADDRESS NEMA FOOD DISTRIBUTION INC. NEMA FOOD DISTRIBUTION INC. 40 GORDON DR BLDG 3 TOTOWA, NJ 07512-2204 DOMESTIC REPRESENTATIVE NONE

Trademark Snap Shot Amendment & Mail Processing Stylesheet (Table presents the data on Amendment & Mail Processing Complete)

OVERVIEW

SERIAL NUMBER 77853876 FILING DATE 10/21/2009

REG NUMBER 0000000 REG DATE N/A

INTL REG # N/A INTL REG DATE N/A

TM ATTORNEY FALK, ERIN M L.O. ASSIGNED 101

PUB INFORMATION

RUN DATE 08/04/2010

PUB DATE N/A

STATUS 680-APPROVED FOR PUBLICATION

STATUS DATE 08/03/2010

LITERAL MARK ELEMENT SEYIDOGLU

DATE ABANDONED N/A DATE CANCELLED N/A

SECTION 2F NO SECTION 2F IN PART NO

SECTION 8 NO SECTION 8 IN PART NO

SECTION 15 NO REPUB 12C N/A

RENEWAL FILED NO RENEWAL DATE N/A

DATE AMEND REG N/A

FILING BASIS

FILED BASIS CURRENT BASIS AMENDED BASIS

1 (a) YES 1 (a) YES 1 (a) NO

1 (b) NO 1 (b) NO 1 (b) NO

44D NO 44D NO 44D NO

44E NO 44E NO 44E NO

66A NO 66A NO

NO BASIS NO NO BASIS NO

MARK DATA

STANDARD CHARACTER MARK YES

LITERAL MARK ELEMENT SEYIDOGLU

MARK DRAWING CODE 4-STANDARD CHARACTER MARK

COLOR DRAWING FLAG NO

CURRENT OWNER INFORMATION

PARTY TYPE 10-ORIGINAL APPLICANT

NAME NEMA FOOD DISTRIBUTION INC.

ADDRESS 40 GORDON DRIVE BLDG. 3 TOTOWA, NJ 07512

ENTITY 03-CORPORATION CITIZENSHIP New Jersey

GOODS AND SERVICES

INTERNATIONAL CLASS 029

INTERNATIONAL CLASS 030

GOODS AND SERVICES CLASSIFICATION

INTERNATIONAL 029 FIRST USE DATE 03/01/2008 FIRST USE IN 03/01/2008 CLASS STATUS 6-ACTIVE CLASS COMMERCE DATE

INTERNATIONAL 030 FIRST USE DATE 03/01/2008 FIRST USE IN 03/01/2008 CLASS STATUS 6-ACTIVE CLASS COMMERCE DATE

MISCELLANEOUS INFORMATION/STATEMENTS

CHANGE IN REGISTRATION NO

TRANSLATION The wording "Seyidoglu" has no meaning in a foreign language.

PROSECUTION HISTORY

DATE ENT CD ENT TYPE DESCRIPTION ENT NUM

08/03/2010 CNSA O APPROVED FOR PUB - PRINCIPAL REGISTER 011

08/03/2010 TEME I TEAS/EMAIL CORRESPONDENCE ENTERED 010

08/03/2010 CRFA I CORRESPONDENCE RECEIVED IN LAW OFFICE 009

08/03/2010 ALIE A ASSIGNED TO LIE 008

07/22/2010 TROA I TEAS RESPONSE TO OFFICE ACTION RECEIVED 007

02/02/2010 GNRN O NOTIFICATION OF NON-FINAL ACTION E-MAILED 006

02/02/2010 GNRT F NON-FINAL ACTION E-MAILED 005

02/02/2010 CNRT R NON-FINAL ACTION WRITTEN 004

01/26/2010 DOCK D ASSIGNED TO EXAMINER 003

10/26/2009 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002

10/24/2009 NWAP I NEW APPLICATION ENTERED IN TRAM 001

CURRENT CORRESPONDENCE INFORMATION

ATTORNEY NONE

CORRESPONDENCE ADDRESS NEMA FOOD DISTRIBUTION INC. NEMA FOOD DISTRIBUTION INC. 40 GORDON DR BLDG 3 TOTOWA, NJ 07512-2204 DOMESTIC REPRESENTATIVE NONE

NOTE TO THE FILE

SERIAL NUMBER: 77853876

DATE: 08/03/2010

NAME: efalk

NOTE:

Searched: Discussed ID with: X Google Senior Atty Lexis/Nexis Managing Atty OneLook Wikipedia Acronym Finder Protest evidence reviewed Other:

Checked: Discussed Geo. Sig. with: X Geographic significance Senior Atty X Surname Managing Atty Translation ID with ID/CLASS mailbox

Discussed file with Attorney/Applicant via: phone Left message with email Attorney/Applicant

Requested Law Library search Issued Examiner’s Amendment for: and entered changes in TRADEUPS

PRINT DO NOT PRINT Added design code in TRADEUPS Description of the mark Translation statement Re-imaged standard character drawing Negative translation statement Consent of living individual Contacted TM MADRID ID/CLASS about misclassified definite ID Changed TRADEUPS to:

OTHER: PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011) Response to Office Action

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 77853876 LAW OFFICE ASSIGNED LAW OFFICE 101 MARK SECTION (no change) GOODS AND/OR SERVICES SECTION (029)(current)

INTERNATIONAL CLASS 029

DESCRIPTION Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products; edible oils and fats

FILING BASIS Section 1(a)

FIRST USE ANYWHERE DATE At least as early as 03/01/2008

FIRST USE IN COMMERCE DATE At least as early as 03/01/2008 GOODS AND/OR SERVICES SECTION (029)(proposed)

INTERNATIONAL CLASS 029

TRACKED TEXT DESCRIPTION Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; condiments, namely, pepper oil; tahini in the nature of a mix made of ground sesame seed and sesame oil

FINAL DESCRIPTION Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; condiments, namely, pepper oil; tahini in the nature of a mix made of ground sesame seed and sesame oil

FILING BASIS Section 1(a)

FIRST USE ANYWHERE DATE At least as early as 03/01/2008

FIRST USE IN COMMERCE DATE At least as early as 03/01/2008 "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, STATEMENT TYPE if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].

SPECIMEN FILE NAME(S)

JPG FILE(S) \\TICRS\EXPORT11\IMAGEOUT 11\778\538\77853876\xml1\ ROA0004.JPG

ORIGINAL PDF FILE SPU0-716012195-141331474_._invoice_for_class_29.pdf

CONVERTED PDF FILE(S) \\TICRS\EXPORT11\IMAGEOUT11\778\538\77853876\xml1\ROA0002.JPG (2 pages)

\\TICRS\EXPORT11\IMAGEOUT11\778\538\77853876\xml1\ROA0003.JPG SPECIMEN DESCRIPTION invoice that shows the products in commerce product picture GOODS AND/OR SERVICES SECTION (030)(current)

INTERNATIONAL CLASS 030

DESCRIPTION Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry; pastries, namely, baklava, kadaifi, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery including Turkish delight, a kind of candy made of sugar, nuts and flavor, halva, made of ground sesame seed, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice, phyllo dough, cream filled cakes, molasses, tahini, a mix made of ground sesame seed and sesame oil

FILING BASIS Section 1(a)

FIRST USE ANYWHERE DATE At least as early as 03/01/2008

FIRST USE IN COMMERCE DATE At least as early as 03/01/2008 GOODS AND/OR SERVICES SECTION (030)(proposed)

INTERNATIONAL CLASS 030

TRACKED TEXT DESCRIPTION Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry; flour, bread, pastry; pastries, namely, baklava, kadaifi, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, kind of fried- dough pastry made of deep fried dough soaked in sugar syrup or honey; pastries, namely, baklava, kadaifi, namely, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery including Turkish delight, a kind of candy made of sugar, nuts and flavor, halva, made of ground sesame seed, nuts and sugar; confectionery, namely, Turkish delight, namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); vinegar, condiments, namely, pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses, tahini, a mix made of ground sesame seed and sesame oil; ice, phyllo dough, cream filled cakes, molasses; and milk products, namely, ice cream, ice milk, and frozen yogurt

FINAL DESCRIPTION Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour, bread, pastry; pastries, namely, baklava, kadaifi, namely, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery, namely, Turkish delight, namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses; and milk products, namely, ice cream, ice milk, and frozen yogurt

FILING BASIS Section 1(a)

FIRST USE ANYWHERE DATE At least as early as 03/01/2008

FIRST USE IN COMMERCE DATE At least as early as 03/01/2008 ADDITIONAL STATEMENTS SECTION

TRANSLATION The wording Seyidoglu has no meaning in a foreign language. Seyidoglu appearing in the mark has no significance in the relevant trade or industry SIGNIFICANCE OF MARK or as applied to the goods/services listed in the application, or any geographical significance. SIGNATURE SECTION

DECLARATION SIGNATURE /bn/

SIGNATORY'S NAME Beyhan Nakiboglu

SIGNATORY'S POSITION President

DATE SIGNED 07/22/2010

RESPONSE SIGNATURE /bn/

SIGNATORY'S NAME Beyhan Nakiboglu SIGNATORY'S POSITION President

DATE SIGNED 07/22/2010

AUTHORIZED SIGNATORY YES FILING INFORMATION SECTION

SUBMIT DATE Thu Jul 22 15:03:24 EDT 2010 USPTO/ROA-XX.XX.XX.XXX-20 100722150324801653-778538 TEAS STAMP 76-4708790f77f67eeac3915f 53488873a052-N/A-N/A-2010 0722141331474891

PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action To the Commissioner for Trademarks:

Application serial no. 77853876 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 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products; edible oils and fats Original Filing Basis: Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2008 and first used in commerce at least as early as 03/01/2008, and is now in use in such commerce.

Proposed: Tracked Text Description: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; condiments, namely, pepper oil; tahini in the nature of a mix made of ground sesame seed and sesame oil

Class 029 for Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; condiments, namely, pepper oil; tahini in the nature of a mix made of ground sesame seed and sesame oil Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2008 and first used in commerce at least as early as 03/01/2008, and is now in use in such commerce. Applicant hereby submits a new specimen for Class 029. The specimen(s) submitted consists of invoice that shows the products in commerce product picture. "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application" [for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. JPG file(s): Specimen File1 Original PDF file: SPU0-716012195-141331474_._invoice_for_class_29.pdf Converted PDF file(s) (2 pages) Specimen File1 Specimen File2

Applicant proposes to amend the following class of goods/services in the application: Current: Class 030 for Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry; pastries, namely, baklava, kadaifi, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery including Turkish delight, a kind of candy made of sugar, nuts and flavor, halva, made of ground sesame seed, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice, phyllo dough, cream filled cakes, molasses, tahini, a mix made of ground sesame seed and sesame oil Original Filing Basis: Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2008 and first used in commerce at least as early as 03/01/2008, and is now in use in such commerce.

Proposed: Tracked Text Description: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry; flour, bread, pastry; pastries, namely, baklava, kadaifi, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; pastries, namely, baklava, kadaifi, namely, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery including Turkish delight, a kind of candy made of sugar, nuts and flavor, halva, made of ground sesame seed, nuts and sugar; confectionery, namely, Turkish delight, namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); vinegar, condiments, namely, pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses, tahini, a mix made of ground sesame seed and sesame oil; ice, phyllo dough, cream filled cakes, molasses; and milk products, namely, ice cream, ice milk, and frozen yogurt

Class 030 for Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour, bread, pastry; pastries, namely, baklava, kadaifi, namely, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery, namely, Turkish delight, namely, a kind of candy made of sugar, nuts and flavor, halva, namely, candy prepared with sesame seeds, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, condiments, namely, pepper sauce; spices; ice, phyllo dough, cream filled cakes, molasses; and milk products, namely, ice cream, ice milk, and frozen yogurt Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2008 and first used in commerce at least as early as 03/01/2008, and is now in use in such commerce. ADDITIONAL STATEMENTS Translation The wording Seyidoglu has no meaning in a foreign language.

Significance of wording, letter(s), or numeral(s) Seyidoglu appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.

SIGNATURE(S) Declaration Signature If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /bn/ Date: 07/22/2010 Signatory's Name: Beyhan Nakiboglu Signatory's Position: President

Response Signature Signature: /bn/ Date: 07/22/2010 Signatory's Name: Beyhan Nakiboglu Signatory's Position: President

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

Serial Number: 77853876 Internet Transmission Date: Thu Jul 22 15:03:24 EDT 2010 TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20100722150324801 653-77853876-4708790f77f67eeac3915f53488 873a052-N/A-N/A-20100722141331474891

To: NEMA FOOD DISTRIBUTION INC. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 77853876 - SEYIDOGLU - N/A Sent: 2/2/2010 2:54:46 PM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 77/853876

MARK: SEYIDOGLU *77853876* CORRESPONDENT ADDRESS: NEMA FOOD DISTRIBUTION INC. RESPOND TO THIS ACTION: NEMA FOOD DISTRIBUTION INC. http://www.uspto.gov/teas/eTEASpageD.htm 40 GORDON DR BLDG 3 TOTOWA, NJ 07512-2204 GENERAL TRADEMARK INFORMATION: http://www.uspto.gov/main/trademarks.htm

APPLICANT: NEMA FOOD DISTRIBUTION

INC.

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

ISSUE/MAILING DATE: 2/2/2010

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

Search Results

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

Identification of Goods

Class 29

The wording “and milk products” in the identification of goods is indefinite and must be clarified because the appropriate exclusionary language has not been provided. See TMEP §1402.01.

Applicant may substitute any or all of the following wording, if accurate:

“and milk products excluding ice cream, ice milk and frozen yogurt,” in Class 29.

“and milk products, namely, ice cream, ice milk, and frozen yogurt,” in Class 30.

If this is not an accurate proposed identification, applicant must further describe what is intended by “milk products” utilizing the common commercial names for the intended goods.

Class 30 The wording “preparations made from cereals” in the identification of goods is indefinite and must be clarified because it is not sufficiently specific. See TMEP §1402.01.

Applicant may substitute the following wording, if accurate:

“preparations made from cereals, namely, [INDICATE specific items],” in Class 30.

The wording “kadaifi, a dessert made of shredded phyllo dough, nuts and sugar or honey” in the identification of goods is indefinite and must be clarified because it is not sufficiently specific. See TMEP §1402.01.

Applicant may substitute the following wording, if accurate:

“kadaifi, a dessert made of shredded phyllo dough, nuts and sugar or honey,” in Class 30.

The wording “tulumba, kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey;” in the identification of goods is indefinite and must be clarified because it is not sufficiently specific. See TMEP §1402.01.

Applicant may substitute the following wording, if accurate:

“tulumba, namely, a kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey;” in Class 30.

The wording “confectionery including Turkish delight, a kind of candy made of sugar, nuts and flavor” in the identification of goods is indefinite and must be clarified because it is not sufficiently specific and includes the term “including.” See TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. Therefore, this wording should be deleted and replaced with “namely.”

Applicant may amend the identification to list only those services that are within the scope of the services set forth in the application or a previously accepted amendment to the identification. See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.

See TMEP §1402.01.

Applicant may substitute the following wording, if accurate:

“confectionery, namely, Turkish delight, namely, candy made of sugar, nuts and flavor,” in Class 30.

The wording “halva, made of ground sesame seed, nuts and sugar” in the identification of goods is indefinite and must be clarified because it is not sufficiently specific. See TMEP §1402.01.

Applicant may substitute the following wording, if accurate:

“halva, namely, candy prepared with sesame seeds, nuts and sugar,” in Class 30.

The wording “condiments” in the identification of goods is indefinite and must be clarified because it is not sufficiently specific and could include goods falling into multiple international classes. See TMEP §1402.01.

Applicant may substitute any or all of the following wording, if accurate:

“condiments, namely, pepper oil,” in Class 29.

“condiments, namely, pepper sauce,” in Class 30.

If neither of the foregoing accurately describe applicant’s product, applicant must amend its identification to indicate the common commercial names of such product.

As to those goods identified as “tahini, a mix made of ground sesame seed and sesame oil” the goods are classified incorrectly. Applicant must amend the application to classify the goods in International Class 29 and should amend the identification of goods to: “tahini in the nature of a mix made of ground sesame seed and sesame oil,” in Class 29. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).

Scope Advisory

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.uspto.gov/netahtml/tidm.html. See TMEP §1402.04.

Translation Required

Applicant must submit an English translation of the mark. 37 C.F.R. §2.32(a)(9); TMEP §809. The following translation statement is suggested:

“The English translation of “SEYIDOGLU” is [PROVIDE translation].” See TMEP §809.03.

Transliteration Required

Applicant must submit a transliteration of the non-Latin characters in the mark, with either a translation of the corresponding non-English wording or a statement that the transliterated term has no meaning in a foreign language. 37 C.F.R. §2.32(a)(10); TMEP §809. A transliteration is the phonetic spelling, in Latin characters, of the terms in the mark that are in non-Latin characters.

The following formats are acceptable for a transliteration statement:

The non-Latin characters in the mark transliterate to “[ ],” and this means “[ ]” in English.

The non-Latin characters in the mark transliterate to “[ ],” and this has no meaning in a foreign language.

TMEP §809.03.

Request for Information

Applicant must specify whether the wording “seyidoglu” has any significance in the trade or industry or as applied to the goods/services described in the application. See 37 C.F.R. §2.61(b); TMEP §§808.01(c), 814.

Applicant must specify whether the wording “seyidoglu” has any surname significance. See 37 C.F.R. §2.61(b); TMEP §§808.01(c), 814.

Applicant must specify whether the wording “seyidoglu” has any geographic significance. See 37 C.F.R. §2.61(b); TMEP §§808.01(c), 814.

Applicant must specify the meaning and/or significance of the wording “seyidoglu.” See 37 C.F.R. §2.61(b); TMEP §§808.01(c), 814.

Failure to respond to a request for information can be grounds for refusing registration. TMEP §814; see In re DTI P’ship LLP , 67 USPQ2d 1699, 1701-02 (TTAB 2003). Merely stating that information about the goods or services is available on applicant’s website is an inappropriate response to a request for additional information, and is insufficient to make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

Specimen Refusal—Class 29

The class 30 specimens in the nature of photographs of the packaging for the goods are acceptable.

However, applicant should note the following with respect to the Class 29 specimens:

The specimen is not acceptable because it does not show the applied-for mark used in connection with any of the goods and/or services specified in the application. An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each class of goods and/or services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).

In this case, the specimen consists of packaging for Class 30 goods and an invoice, which is not an acceptable specimen for goods.

Therefore, applicant must submit the following:

(1) A substitute specimen showing the mark in use in commerce for each class of goods and/or services specified in the application; and

(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “ The substitute specimen was in use in commerce at least as early as the filing date of the application.” 37 C.F.R. §2.59(a); TMEP §904.05; see 37 C.F.R. §2.193(e)(1). If submitting a substitute specimen requires an amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. §2.71(c); TMEP §904.05.

Declaration for Substitute Specimen

The following is a sample declaration under 37 C.F.R. §2.20 with a supporting statement for a substitute specimen:

The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting there from, declares that the substitute specimen was in use in commerce at least as early as the filing date of the application; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

______(Signature)

______(Print or Type Name and Position)

______(Date)

Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.

If applicant cannot satisfy the above requirements, applicant may amend the application from a use in commerce basis under Section 1(a) to an intent to use basis under Section 1(b), for which no specimen is required. See TMEP §806.03(c). However, if applicant amends the basis to Section 1(b), registration will not be granted until applicant later amends the application back to use in commerce by filing an acceptable allegation of use with a proper specimen. See 15 U.S.C. §1051(c), (d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.

To amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “ Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the filing date of the application.” 37 C.F.R. §2.34(a)(2); TMEP §806.01(b); see 15 U.S.C. §1051(b); 37 C.F.R. §§2.35(b)(1), 2.193(e)(1).

Declaration for Amending To Section 1(b)

As stated above, if the applicant cannot satisfy the specimen requirement and would like to amend the application filing basis to Section 1(b), intent to use, the following is a properly worded declaration:

Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the filing date of the application. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any resulting registration, declares that the facts set forth in the application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

______(Signature)

______(Print or Type Name and Position)

______(Date)

Pending receipt of a proper response, registration is refused because the specimen does not show the applied-for mark in use in commerce as a trademark and/or service mark for the identified goods and/or services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).

Response

There is no required format or form for responding to an Office action. The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.uspto.gov/teas/index.html. However, if applicant responds on paper via regular mail, the response should include the title “Response to Office Action” and the following information: (1) the name and law office number of the examining attorney, (2) the serial number and filing date of the application, (3) the mailing date of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

The response should address each refusal and/or requirement raised in the Office action. If a refusal has issued, applicant can argue against the refusal; i.e., applicant can submit arguments and evidence as to why the refusal should be withdrawn and the mark should register. To respond to requirements, applicant should set forth in writing the required changes or statements and request that the Office enter them into the application record.

The response must be personally signed or the electronic signature manually entered by applicant or someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants). TMEP §§605.02, 712.

/efalk/ Erin Falk U.S. Patent & Trademark Office Trademark Examining Attorney Law Office 101 (571) 272-1110

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.uspto.gov/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail [email protected]. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

To: NEMA FOOD DISTRIBUTION INC. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 77853876 - SEYIDOGLU - N/A Sent: 2/2/2010 2:54:49 PM Sent As: [email protected] Attachments:

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION

Your trademark application (Serial No. 77853876) has been reviewed. The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 2/2/2010 to which you must respond (unless the Office letter specifically states that no response is required). Please follow these steps:

1. Read the Office letter by clicking on this link http://tmportal.uspto.gov/external/portal/tow?DDA=Y&serial_number=77853876&doc_type=OOA&mail_date=20100202 OR go to http://tmportal.uspto.gov/external/portal/tow and enter your serial number to access the Office letter. If you have difficulty accessing the Office letter, contact [email protected].

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

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

3. Respond within 6 months, calculated from 2/2/2010 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact [email protected].

ALERT:

Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application.

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.

NOTE TO THE FILE

SERIAL NUMBER: 77853876

DATE: 02/02/2010

NAME: efalk

NOTE:

Searched: Discussed ID with: X Google Senior Atty Lexis/Nexis Managing Atty OneLook X Wikipedia Acronym Finder Protest evidence reviewed X Other: dictionary engines

Checked: Discussed Geo. Sig. with: X Geographic significance Senior Atty X Surname Managing Atty Translation X ID with ID/CLASS mailbox

Discussed file with Attorney/Applicant via: phone Left message with email Attorney/Applicant

Requested Law Library search Issued Examiner’s Amendment for: and entered changes in TRADEUPS

OTHER: *** User:efalk *** # Total Dead Live Live Status/ Search Marks Marks Viewed Viewed Search Docs Images Duration 01 1 0 1 1 0:34 *{"sz"}{v}{"iy"}{"iy"}d{v}{"gj"}l{v}* [bi,ti] not dead [ld] 02 1 0 1 1 0:33 *{"sz"}{v}{"iy"}{"iy"}d{v}{"gj"}* [bi,ti] not dead [ld] 03 3 0 3 3 0:03 *{"sz"}{v}{"iy"}{"iy"}d* [bi,ti] not dead [ld] 04 84 0 84 72 0:35 *{"sz"}{v}{"iy"}{"iy"}* [bi,ti] not dead [ld]

Session started 2/2/2010 10:48:15 AM Session finished 2/2/2010 10:53:14 AM Total search duration 1 minutes 45 seconds Session duration 4 minutes 59 seconds Defaut NEAR limit=1ADJ limit=1

Sent to TICRS as Serial Number: 77853876 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011) Trademark/Service Mark Application, Principal Register

Serial Number: 77853876 Filing Date: 10/21/2009

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 77853876 MARK INFORMATION

*MARK Seyidoglu

STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES

LITERAL ELEMENT Seyidoglu The mark consists of standard characters, without claim to any particular MARK STATEMENT font, style, size, or color. REGISTER Principal APPLICANT INFORMATION

*OWNER OF MARK NEMA FOOD DISTRIBUTION INC.

*STREET 40 GORDON DRIVE BLDG. 3

*CITY TOTOWA

*STATE New Jersey (Required for U.S. applicants)

*COUNTRY United States

*ZIP/POSTAL CODE 07512 (Required for U.S. applicants only)

PHONE 9732564415

FAX 9732564442

EMAIL ADDRESS [email protected]

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes LEGAL ENTITY INFORMATION

TYPE corporation

STATE/COUNTRY OF INCORPORATION New Jersey GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS 030 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry; pastries, namely, baklava, kadaifi, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery including Turkish *IDENTIFICATION delight, a kind of candy made of sugar, nuts and flavor, halva, made of ground sesame seed, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice, phyllo dough, cream filled cakes, molasses, tahini, a mix made of ground sesame seed and sesame oil.

FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 03/01/2008

FIRST USE IN COMMERCE DATE At least as early as 03/01/2008

SPECIMEN FILE NAME(S) \\TICRS\EXPORT8\IMAGEOUT8 \778\538\77853876\xml1\AP JPG FILE(S) P0003.JPG

\\TICRS\EXPORT8\IMAGEOUT8\778\538\77853876\xml1\APP0004.JPG

ORIGINAL PDF FILE spec-716012195-140440545_._Inv_59_from_NEMA_FOOD_DISTR.pdf

CONVERTED PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\778\538\77853876\xml1\APP0005.JPG (1 page)

SPECIMEN DESCRIPTION Actual product pictures Customer Invoice

INTERNATIONAL CLASS 029 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and *IDENTIFICATION cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products; edible oils and fats.

FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 03/01/2008

FIRST USE IN COMMERCE DATE At least as early as 03/01/2008

SPECIMEN FILE NAME(S) \\TICRS\EXPORT8\IMAGEOUT8 \778\538\77853876\xml1\AP JPG FILE(S) P0006.JPG

\\TICRS\EXPORT8\IMAGEOUT8\778\538\77853876\xml1\APP0007.JPG

ORIGINAL PDF FILE spec-1-716012195-140440545_._Inv_59_from_NEMA_FOOD_DISTR.pdf

CONVERTED PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\778\538\77853876\xml1\APP0008.JPG (1 page)

SPECIMEN DESCRIPTION Actual product pictures CORRESPONDENCE INFORMATION

NAME NEMA FOOD DISTRIBUTION INC.

FIRM NAME NEMA FOOD DISTRIBUTION INC.

STREET 40 GORDON DRIVE BLDG. 3

CITY TOTOWA

STATE New Jersey

COUNTRY United States

ZIP/POSTAL CODE 07512

PHONE 9732564415

FAX 9732564442

EMAIL ADDRESS [email protected]

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORMATION

NUMBER OF CLASSES 2

FEE PER CLASS 325

*TOTAL FEE DUE 650

*TOTAL FEE PAID 650 SIGNATURE INFORMATION

SIGNATURE /bn/

SIGNATORY'S NAME Beyhan Nakiboglu

SIGNATORY'S POSITION President

DATE SIGNED 10/21/2009 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 77853876 Filing Date: 10/21/2009 To the Commissioner for Trademarks:

MARK: Seyidoglu (Standard Characters, see mark) The literal element of the mark consists of Seyidoglu. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, NEMA FOOD DISTRIBUTION INC., a corporation of New Jersey, having an address of 40 GORDON DRIVE BLDG. 3 TOTOWA, New Jersey 07512 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 030: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry; pastries, namely, baklava, kadaifi, a dessert made of shredded phyllo dough, nuts and sugar or honey, cheese pastry, tulumba, kind of fried-dough pastry made of deep fried dough soaked in sugar syrup or honey; confectionery including Turkish delight, a kind of candy made of sugar, nuts and flavor, halva, made of ground sesame seed, nuts and sugar; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice, phyllo dough, cream filled cakes, molasses, tahini, a mix made of ground sesame seed and sesame oil.

In International Class 030, the mark was first used at least as early as 03/01/2008, and first used in commerce at least as early as 03/01/2008, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Actual product pictures Customer Invoice. JPG file(s): Specimen File1 Specimen File2 Original PDF file: spec-716012195-140440545_._Inv_59_from_NEMA_FOOD_DISTR.pdf Converted PDF file(s) (1 page) Specimen File1

International Class 029: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, and marmalade; compotes; eggs, milk and milk products; edible oils and fats.

In International Class 029, the mark was first used at least as early as 03/01/2008, and first used in commerce at least as early as 03/01/2008, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Actual product pictures. JPG file(s): Specimen File1 Specimen File2 Original PDF file: spec-1-716012195-140440545_._Inv_59_from_NEMA_FOOD_DISTR.pdf Converted PDF file(s) (1 page) Specimen File1

The applicant's current Correspondence Information: NEMA FOOD DISTRIBUTION INC. NEMA FOOD DISTRIBUTION INC. 40 GORDON DRIVE BLDG. 3 TOTOWA, New Jersey 07512 9732564415(phone) 9732564442(fax) [email protected] (authorized)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Signature: /bn/ Date Signed: 10/21/2009 Signatory's Name: Beyhan Nakiboglu Signatory's Position: President

RAM Sale Number: 957 RAM Accounting Date: 10/22/2009

Serial Number: 77853876 Internet Transmission Date: Wed Oct 21 14:44:37 EDT 2009 TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20091021144437623 617-77853876-460b8f3e06b6c362b707d292320 2f75e44-CC-957-20091021140440545889