UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board P.O. Box 1451 Alexandria, VA 22313-1451 General Contact Number: 571-272-8500 General Email: [email protected] mw/nmt July 7, 2021 Opposition No. 91269380 Wise Foods, Inc. v. October's Very Own IP Holdings Michael Webster, Interlocutory Attorney: On June 25, 2021, Applicant filed a proposed amendment to its application Serial No. 87633378, with Opposer’s consent.1 By the proposed amendment, Applicant seeks to amend the identification of goods in International Classes 29 and 30 as follows (deletions shown with strikethrough). International Class 29 From: Abalones, not live; albumen for culinary purposes; albumin milk; alginates for culinary purposes; almond butter; almond milk for culinary purposes; almond milk-based beverages; aloe vera prepared for human consumption; anchovies, not live; anchovy, not live; anchovy fillets; animal fats for food; animal marrow for food; animal oils and fats for food; animal oils for food; antipasto salads; apple chips; apple purée; apple sauce; ark-shells, not live; aromatized fruit; artificial cream; artificial fish roes; artificial sausage skins; aspic; bacon; bacon bits; baked beans; banana chips; bean curd; beancurd sticks; beans cooked in soy sauce; beef; beef bouillon; beef jerky; beef slices; beef tallow; beef tallow for food; blended cheese; blended oil for food; blocks of boiled, 1 The goods in International Classes 1, 3, 5, 32, and 33 remain unchanged. Opposition No. 91269380 smoked and then dried bonitos; blood sausage; blue mussels, not live; boiled and dried fish; bone oil for food; bottled cooked meat; bottled fruits; bottled vegetables; bouillon; bouillon concentrates; broth; broth concentrates; butter; buttercream; buttermilk; cabbage rolls stuffed primarily with meat; caesar salad; camellia seed oil for food; candied fruit; canned beef; canned chicken; canned cooked meat; canned cooked meats; canned fish; canned fruits; canned fruits and vegetables; canned meat; canned meat spreads; canned pork; canned processed olives; canned seafood; canned snails; canned soups; canned tomatoes; canned vegetables; canola oil for culinary purposes; canola oil for food; carp, not live; caviar; century eggs; cheese; cheese containing herbs; cheese containing spices; cheese dips; cheese in the form of dips; cheese powder; cheese rind; cheese spreads; cheese substitutes; chicharron; processed chick peas; chicken; chicken croquettes; chicken nuggets; chicken salad; chicken spreads; chicken wings; nut butter also containing chocolate; clams, not live; clarified butter; cocktail onions; cocoa butter for food; coconut butter; coconut fat; coconut milk; coconut milk for culinary purposes; coconut milk-based beverages; coconut oil and fat for food; coconut oil for food; coconut powder; coconut shrimp; cod, not live; codfish, not live; coleslaw; colza oil for food; compote; compotes; condensed milk; consommes; cooked dish consisting primarily of chicken and ginseng; cooked dish consisting primarily of fermented vegetable, pork and tofu; cooked dish consisting primarily of rich soybean paste and tofu; cooked dish consisting primarily of soybean paste and tofu; cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste; cooked dish consisting primarily of stir-fried beef and fermented soy sauce; cooked snails; cooked vegetables; cooking oil; corn dogs; corn oil for food; cow's milk; crabs, not live; cranberry sauce; crayfish, not live; creme fraiche; fish and chicken croquettes; crucian carps, not live; crystallized fruit; crystallized fruits; crystallized gingers; cucumber kimchi; curd; curdled milk; dairy cream; dairy cream powder; dairy curd; processed dates; desiccated coconut; dill pickles; dried beans; dried beef; dried cranberries; dried dates; dried durians; dried edible black fungi; dried edible mushrooms; dried edible seaweed; dried edible fungi, namely, tremella fuciformis; dried eggs; dried figs; dried fish; dried flakes of laver for sprinkling on rice in hot water; dried fruit; dried fruit and vegetables; dried fruit mixes; dried herring roe; dried lentils; dried mangoes; dried meat; dried milk for food; dried milk powder; dried olives; dried pawpaws; dried pears; dried persimmon; dried pieces of agar jelly (kanten); dried pineapples; dried prawns; dried squid; dried truffles; dried vegetables; dry whey; duck eggs; edible ant larvae, prepared; edible bird's nests; edible birds' nests; edible bone oil; edible dried flowers; edible fats; edible frogs, not live; edible processed laver; edible oils; edible oils and edible fats; edible shavings of dried kelp 2 Opposition No. 91269380 (tororo-kombu); eels, not live; egg whites; egg yolks; eggs; evaporated milk; extra virgin olive oil for food; extra-virgin olive oil for food; extracts for soups; extracts of meat; extracts of poultry; falafel; fermented bamboo shoots boiled and preserved in salt; fermented bean curd; fermented milk; fermented soybeans; fermented vegetables; fish, not live; fish and meat preserves; fish croquettes; fish fillets; fish fingers; fish jelly; fish meal for human consumption; fish mousses; fish preserves; fish sausages; fish spreads; fish sticks; fishmeal for human consumption; flakes of dried fish meat; flaxseed oil for culinary purposes; foie gras; food casings, namely, sausage casings; food glaze, namely, food glazing preparations comprised primarily of fruit pectin for use in cooking and baking; freeze-dried meat; freeze-dried tofu pieces (kohri-dofu); freeze-dried vegetables; French fries; fresh cheese; fresh unripened cheeses; fried chicken; fried meat; fried potatoes; fried tofu pieces (abura-age); frosted fruits; frozen bamboo shoots; frozen brackens; frozen celery; frozen celery cabbages; frozen eggs; frozen fish; frozen french fries; frozen fruits; frozen meat; frozen meat dinners; frozen shellfish; frozen vegetables; fruit and vegetable salads; fruit bars; fruit chips; fruit compotes; fruit fillings; fruit jam; fruit jellies; fruit jelly; fruit juices for cooking; fruit peel; fruit pie fillings; fruit preserved in alcohol; fruit preserves; fruit pulp; fruit purée; fruit salads; fruit salads and vegetable salads; fruit spreads; fruit topping; fruit-based snack food; fruits preserved in alcohol; game; game meat; garlic butter; ghee; gherkins; ginger jam; goat milk; grapeseed oil for food; grated potato nuggets; processed green beans; grilled meat dish; grilled pork belly; ground almond; ground beef; ground pork; gut for making food casings for sausages; gut for making sausage casings; gut for making sausages; haggis; ham; hamburger patties; hardened oils for food; hash brown potatoes; hen eggs; herrings, not live; honey butter; hot dog sausages; hot dogs; hummus; hummus chick pea paste; instant frozen vegetables; instant mashed potato; instant miso soup; instant soup; instant stew; isinglass for food; jams; jams and marmalades; jellies and jams; jellies for food; jelly made from devils' tongue root (konnyaku); jelly powders; jerky; kale chips; kefir; kielbasa; kimchi; kiwifruit flakes; knuckle of ham; sausages, namely, kolbassa; lactic acid bacteria drinks; lactic acid drinks; lard; lard for food; lecithin for culinary purposes; legume salads; lemon curd; lemon juice for culinary purposes; lemon spread; linseed oil for culinary purposes; liver; liver pastes; liver pate; lobster, not live; low fat dairy spreads; low-fat potato chips; low-fat potato crisps; lox; lyophilised vegetables; lyophilized meat; maize oil for food; margarine; marmalade; marmalades; marmalades and jams; mashed avocado; meat; meat and meat extracts; meat boiled down in soy sauce; meat byproducts; meat extracts; processed meat, namely, meat floss; meat jellies; meat jelly; meat preserves; meat purée; meat spreads; meat 3 Opposition No. 91269380 stocks; meatballs; milk; milk and milk products, excluding ice cream, ice milk, and frozen yogurt; milk beverages containing fruits; milk beverages with high milk content; milk curd; milk drinks containing fruits; milk of almonds for beverage; milk powder; milk powder for food purposes; milk powder for nutritional purposes; milk products, excluding ice cream, ice milk, and frozen yogurt; protein milk; milk shakes; milk solids; milkshakes; mincemeat; frozen mixed vegetables; mold-ripened cheese; mortadella; mould-ripened cheese; mullet roe salad; mushrooms puree; mussels, not live; non-alcoholic eggnog; non- dairy creamers; nut topping; nut-based snack mixes; oat milk; octopuses, not live; oils and fats for food; olive oil for food; olive oils for food; olive pastes; onion rings; organic milk; oysters, not live; packaged meats; palm kernel oil for food; palm oil for food; peach flakes; peanut butter; peanut milk; peanut milk-based beverages; peanut oil for food; pectin for culinary purposes; peeled tomatoes; perch, not live; pickled fruits; pickled hot peppers; pickled onions; pickled peppers; pickled vegetables; pickles; fruit-based pie fillings; plaices, not live; pork; pork rinds; potato chips; potato crisps and chips; potato flakes; potato fritters; potato sticks; potato-based dumplings; poultry; poultry and game; powdered eggs; powdered milk; powdered milk for food purposes; powdered oils and fats for food; pre-cooked curry stew; pre-cooked miso soup; pre-cooked soup; pre-cooked stew; preparations for making bouillon; preparations for making soup; prepared beef; prepared dishes consisting principally of meat; prepared escamoles; prepared escargot; prepared fish roe; prepared meals consisting