To: George Weston (weston@austin-weston.com)Subject: U.S. TRADEMARK APPLICATION NO. 86092137 - WASHINGTON

REDSKIN POTATOES - N/A

Sent: 3/17/2014 4:29:45 PM

Sent As: ECOM107@USPTO.GOV

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UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANTS TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 86092137

MARK: WASHINGTON REDSKIN POTATOES

*86092137* CORRESPONDENT ADDRESS: GEORGE WESTON 1825 SAMUEL MORSE DR RESTON, VA 20190-5317

CLICK HERE TO RESPOND TO THIS LETTER:http://www.uspto.gov/trademarks/teas/response_forms.jsp

APPLICANT: George Weston

CORRESPONDENTS REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: weston@austin-weston.com

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTERTO AVOID ABANDONMENT OF APPLICANTS TRADEMARK APPLICATION, THE USPTOMUST RECEIVE APPLICANTS COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHSOF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 3/17/2014

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

SUMMARY OF ISSUES that applicant must address:

REFUSAL TO REGISTER -- DISPARAGING MARKREFUSAL TO REGISTER -- FALSE CONNECTIONREFUSAL TO REGISTER -- LIKELIHOOD OF CONFUSIONADDITIONAL INFORMATION REQUIREDAMENDED IDENTIFICATION OF GOODS AND SERVICES REQUIREDINSUFFICIENT FEES PAID

REFUSAL TO REGISTER DISPARAGING MARKRegistration is refused because the applied-for mark includes matter which may disparage or bring intocontempt or disrepute persons, institutions, beliefs, or national symbols. Trademark Act Section 2(a), 15U.S.C. 1052(a); see In re Tam, 108 USPQ2d 1305, 1309 (TTAB 2013); In re Lebanese Arak Corp., 94USPQ2d 1215, 1217 (TTAB 2010); TMEP 1203.03, 1203.03(b).

The following two factors are considered when determining whether matter may be disparaging underTrademark Act Section 2(a):

(1) What is the likely meaning of the matter in question, taking into account not onlydictionary definitions, but also the relationship of the matter to the other elements in the mark,the nature of the goods and/or services, and the manner in which the mark is used in themarketplace in connection with the goods and/or services

(2) If that meaning is found to refer to identifiable persons, institutions, beliefs, or nationalsymbols, whether that meaning may be disparaging to a substantial composite of the referencedgroup

In re Tam, 108 USPQ2d at 1309; In re Lebanese Arak Corp., 94 USPQ2d at 1217; In re Heeb Media LLC,89 USPQ2d 1071, 1074 (TTAB 2008); TMEP 1203.03(b)(i).

Applicant has applied to register the mark WASHINGTON REDSKIN POTATOES for printed matter,clothing, and entertainment services in the nature of presentations of football contests. Applicants goodsand services do not include redskin potatoes. Although the use of redskin with potatoes may oftenhave a different connotation, in the context of applicants mark that includes WASHINGTON and isused in connection with football-related goods and services, the connotation is disparaging.

The term REDSKIN in the mark is defined as follows:

Offensive Slang Used as a disparaging term for a Native American (see attachedevidence from http://education.yahoo.com/reference/dictionary/entry/redskin captured2/9/14);

Usually Offensive AMERICAN INDIAN (see attached evidence fromhttp://www.merriam-webster.com/dictionary/redskin captured 2/9/14);

(slang) offensive term for Native Americans (see attached evidence fromhttp://www.vocabulary.com/dictionary/Redskin captured 2/9/14);

dated offensive an American Indian (see attached evidence fromhttp://www.oxforddictionaries.com/us/definition/american_english/redskin?q=redskincaptured 2/9/14);

Slang (often disparaging and offensive) a North American Indian (see attachedevidence from http://dictionary.infoplease.com/redskin captured 2/9/14).

As evidence that American Indians find the term REDSKIN offensive, see the attached news article, NCAI Report: Redskins Name Has Ugly and Racist Legacy (Indian Country Today online, October11, 2013) located at http://indiancountrytodaymedianetwork.com/2013/10/11/ncai-report-redskins-name-has-ugly-and-racist-legacy-151714 (captured 2/15/14). In fact, the National Congress of AmericanIndians (NCAI) now uses the designations R*dskins and R Word when referring to REDSKINSsports teams mascots (see, e.g., attachment from http://www.ncai.org/resources/ncai_publications/ending-the-legacy-of-racism-in-sports-the-era-of-harmful-indian-sports-mascots captured 2/15/14).

As additional evidence that American Indians find the term REDSKIN offensive, see the attachedarticle, Oneida Indians meet with United Nations over Redskins name (USA Today, January 25, 2014)located at http://www.usatoday.com/story/sports/nfl/redskins/2014/01/24/oneida-indian-nation-united-nations-meeting-washington-redskins-name/4838685/ (captured 2/15/14), and the attached article, Oneida Indian Nation on D.C. Team Name: NFL Must Finally Stop Marketing Hate and Bigotry locatedat http://www.oneidaindiannation.com/pressroom/Oneida-Indian-Nation-on-DC-Team-Name-NFL-Must-Finally-Stop-Marketing-Hate-and-Bigotry-229542581.html (captured 2/15/14). See also the attachedarticle, Native American Activists Want Supreme Court to Hear Redskins Case (Washington Post,September 16, 2009) located at http://www.washingtonpost.com/wp-dyn/content/article/2009/09/15/AR2009091500973.html (captured 2/15/14), which states that NativeAmerican activists are trying to get the Supreme Court involved in its long-running dispute with theWashington Redskins about whether the teams name is so offensive that it does not deserve trademarkprotection. This evidence reflects that, at this time, a substantial composite of Native American Indiansfind the current use of REDSKINS in conjunction with football disparaging. Thus, applicant's use inthis context also would be considered disparaging.

Given that REDSKIN in the mark is a derogatory slang term that refers to, and is considered offensiveby, American Indians, registration of the applied-for mark must be refused under Section 2(a) of theTrademark Act.

Applicant should note the following additional ground for refusal.

REFUSAL TO REGISTER - FALSE CONNECTIONRegistration is refused because the applied-for mark consists of or includes matter which may falselysuggest a connection with the Washington Redskins professional football team. Although the WashingtonRedskins football team is not connected with the goods and/or services provided by applicant under theapplied-for mark, the Washington Redskins football team is so famous that consumers would presume aconnection. Trademark Act Section 2(a), 15 U.S.C. 1052(a); see TMEP 1203.03, (c). See generallyUniv. of Notre Dame du Lac v. J.C. Gourmet Food Imps. Co., 703 F.2d 1372, 217 USPQ 505 (Fed. Cir.1983); In re Cotter & Co., 228 USPQ 202 (TTAB 1985); Buffett v. Chi-Chis, Inc. , 226 USPQ 428(TTAB 1985).

The following is required for a showing of false connection under Trademark Act Section 2(a):

(1) The mark sought to be registered is the same as, or a close approximation of, the name oridentity previously used by another person or institution.

(2) The mark would be recognized as such, in that it points uniquely and unmistakably to thatperson or institution.

(3) The person or institution identified in the mark is not connected with the goods sold orservices performed by applicant under the mark.

(4) The fame or reputation of the named person or institution is of such a nature that aconnection with such person or institution would be presumed when applicants mark is usedon its goods and/or services.

In re Jackson Intl Trading Co. , 103 USPQ2d 1417, 1419 (TTAB 2012); In re MC MC S.r.l., 88 USPQ2d1378, 1379 (TTAB 2008); TMEP 1203.03(c)(i); see also Univ. of Notre Dame du Lac v. J.C. GourmetFood Imps. Co., 703 F.2d 1372, 1375-77, 217 USPQ 505, 508-10 (Fed. Cir. 1983) (providing foundationalprinciples for the current four-part test used to determine the existence of a false connection).

Applicant has applied to register the mark WASHINGTON REDSKIN POTATOES for entertainmentservices-namely, presentations of professional football contests, trading cards, posters, magazines andbooks regarding football, postcards, calendars, wrapping paper, paper gift boxes, paper stickers, papernapkins, paper towels, posterbooks, notepads, paper hats and greeting cards, and men's, women's andchildren's clothing and footwear; namely, coaches caps, wool hats, painters caps, baseball caps, visors,headbands, ear muffs, knit face masks, belts, wristbands, T-shirts, tank tops, pajamas, golf shirts, sweaters,sweatshirts, jackets, neckties, braces, bibs, jerseys, night shirts, coats, robes, raincoats, parkas, ponchos,sneakers, gloves, scarves, snow suits, mittens, aprons, down jackets, leather jackets, shorts, sweatpants,jeans, pants, knickers, socks, underwear, bathing suits and leg warmers.

The combined wording WASHINGTON REDSKIN in the mark is a close approximation of the nameor identity of the Washington Redskins professional football team and points uniquely andunmistakably to the team (see attached evidence fromhttp://www.nfl.com/teams/washingtonredskins/profile?team=WAS) captured 2/15/14).

There is no evidence in the record of any connection between the Washington Redskins football team andthe goods and/or services to be sold by applicant under the WASHINGTON REDSKIN POTATOESmark.

The Washington Redskins football team sells or provides printed matter, clothing, and football-relatedentertainment services (see attached evidence from http://store.redskins.com/redskins-merchandise.phpand http://www.redskins.com/tickets/index.html captured 2/15/14). Where an applicants goods and/orservices are of a type that the named person or institution sells or uses, and the named party is sufficientlyfamous, then it may be inferred that purchasers of the goods and/or services would be misled into makinga false connection of sponsorship, approval, support or the like with the named party. In re Cotter & Co.,228 USPQ 202, 204-05 (TTAB 1985); In re Natl Intelligence Acad. , 190 USPQ 570, 572 (TTAB 1976).

Given the fame of the Washington Redskins football team and the fact that they provide printed matter,clothing, and football-related entertainment services, including goods and services identical or similar tothose of applicant, the use of the mark WASHINGTON REDSKIN POTATOES on applicant's goodsand services would cause consumers to presume a connection with the Washington Redskins football

team. Accordingly, registration is refused under Section 2(a) of the Trademark Act.

Applicant should note the following additional ground for refusal.

REFUSAL TO REGISTER LIKELIHOOD OF CONFUSIONTHIS PARTIAL REFUSAL APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S.Registration Nos. 0978824 and 0986668. Trademark Act Section 2(d), 15 U.S.C. 1052(d); see TMEP1207.01 et seq. See the enclosed registrations.

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered markthat it is likely a potential consumer would be confused, mistaken, or deceived as to the source of thegoods and/or services of the applicant and registrant. See 15 U.S.C. 1052(d). A determination oflikelihood of confusion under Section 2(d) is made on a case-by case basis and the factors set forth in In reE. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) aid in this determination. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1349, 98 USPQ2d 1253, 1256 (Fed. Cir.2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d 1471, 1474(Fed. Cir. 2000)). Not all the du Pont factors, however, are necessarily relevant or of equal weight, andany one of the factors may control in a given case, depending upon the evidence of record. Citigroup Inc.v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260; In re Majestic Distilling Co., 315F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476F.2d at 1361-62, 177 USPQ at 567.

In this case, the following factors are the most relevant: similarity of the marks, similarity and nature ofthe goods and/or services, and similarity of the trade channels of the goods and/or services. See In reViterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re DakinsMiniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP 1207.01 et seq.

Applicant has applied to register the mark WASHINGTON REDSKIN POTATOES forentertainment services-namely, presentations of professional football contests (and goods not atissue).

The registrants marks are WASHINGTON REDSKINS in typed form and WASHINGTONREDSKINS (and design), both for entertainment services-namely, presentations of professionalfootball contests.

Similarity of the MarksWhen comparing marks, the test is not whether the marks can be distinguished in a side-by-sidecomparison, but rather whether the marks are sufficiently similar in their entireties that confusion as to thesource of the goods and/or services offered under applicants and registrants marks is likely to result. Midwestern Pet Foods, Inc. v. Societe des Produits Nestle S.A., 685 F.3d 1046, 1053, 103 USPQ2d 1435,1440 (Fed. Cir. 2012); Edom Labs., Inc. v. Lichter, 102 USPQ2d 1546, 1551 (TTAB 2012); TMEP1207.01(b). The focus is on the recollection of the average purchaser, who normally retains a generalrather than specific impression of trademarks. LOreal S.A. v. Marcon , 102 USPQ2d 1434, 1438 (TTAB2012); Sealed Air Corp. v. Scott Paper Co., 190 USPQ 106, 108 (TTAB 1975); TMEP 1207.01(b).

Applicants WASHINGTON REDSKIN POTATOES mark and the registrants WASHINGTONREDSKINS marks share the common matter WASHINGTON REDSKIN appearing at the beginningof applicants mark. Consumers are generally more inclined to focus on the first part of any trademark or

service mark. See Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F. 3d1369, 1372, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005); Presto Prods., Inc. v. Nice-Pak Prods., Inc., 9USPQ2d 1895, 1897 (TTAB 1988) (it is often the first part of a mark which is most likely to beimpressed upon the mind of a purchaser and remembered when making purchasing decisions).

The word POTATOES in applicants mark does not prevent a likelihood of confusion because themarks share the common matter WASHINGTON REDSKIN for identical services. The mereaddition of a term to a registered mark generally does not obviate the similarity between the marks nordoes it overcome a likelihood of confusion under Trademark Act Section 2(d). See, e.g., In re ChatamIntl Inc. , 380 F.3d 1340, 71 USPQ2d 1944 (Fed. Cir. 2004); In re Toshiba Med. Sys. Corp., 91 USPQ2d1266 (TTAB 2009); In re El Torito Rests., Inc., 9 USPQ2d 2002 (TTAB 1988). The only exceptions arewhen the matter common to the marks is merely descriptive or diluted, and not likely to be perceived bypurchasers as distinguishing source, or when the marks in their entireties convey a significantly differentcommercial impression. TMEP 1207.01(b)(iii); see, e.g., Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d1238, 73 USPQ2d 1350 (Fed. Cir. 2004); Citigroup Inc. v. Capital City Bank Grp., Inc., 94 USPQ2d 1645(TTAB 2010); In re Shawnee Milling Co., 225 USPQ 747 (TTAB 1985); In re S.D. Fabrics, Inc., 223USPQ 54 (TTAB 1984). The matter common to the marks in this case -- WASHINGTON REDSKIN -- is neither descriptive nor diluted.

Moreover, the services are identical. Where the goods and/or services of an applicant and registrant areidentical or virtually identical, the degree of similarity between the marks required to support a finding oflikelihood of confusion is not as great as in the case of diverse goods and/or services. See In re ViterraInc., 671 F.3d 1358, 1363, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (citing Century 21 Real Estate Corp.v. Century Life of Am., 970 F.2d 874, 877, 23 USPQ2d 1698, 1701 (Fed. Cir. 1992)); In re Mighty LeafTea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010); TMEP 1207.01(b).

Relatedness of the ServicesWhen analyzing an applicants and registrants goods and/or services for similarity and relatedness, thatdetermination is based on the description of the goods and/or services stated in the application andregistration at issue, not on extrinsic evidence of actual use. See Octocom Sys. Inc. v. Hous. ComputersServs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990); see also Hewlett-Packard Co. v.Packard Press Inc., 281 F.3d 1261, 1267, 62 USPQ2d 1001, 1004 (Fed. Cir. 2002).

Absent restrictions in an application and/or registration, the identified goods and/or services are presumedto travel in the same channels of trade to the same class of purchasers. Citigroup Inc. v. Capital City BankGrp., Inc., 637 F.3d 1344, 1356, 98 USPQ2d 1253, 1261 (Fed. Cir. 2011); Hewlett-Packard Co. v.Packard Press Inc., 281 F.3d at 1268, 62 USPQ2d at 1005. Additionally, unrestricted and broadidentifications are presumed to encompass all goods and/or services of the type described. See In re JumpDesigns, 80 USPQ2d 1370, 1374 (TTAB 2006); In re Linkvest S.A., 24 USPQ2d 1716, 1716 (TTAB1992).

In this case, the identifications set forth in the application and registrations are identical and have norestrictions as to nature, type, channels of trade, or classes of purchasers. Therefore, it is presumed thatthese services travel in all normal channels of trade, and are available to the same class of purchasers. SeeMidwestern Pet Foods, Inc. v. Societe des Produits Nestle S.A., 685 F.3d 1046, 1053, 103 USPQ2d 1435,1440 (Fed. Cir. 2012). Accordingly, the services of applicant and the registrant are considered related forpurposes of the likelihood of confusion analysis.

Given the similarity of the marks for identical services, there is a likelihood of confusion regarding the

source of the services. Accordingly, registration is refused under Section 2(d) of the Trademark Act.

PRIOR-PENDING APPLICATIONS (ADVISORY)The filing dates of pending U.S. Application Serial Nos. 74300713 and 76228476 precede applicantsfiling date. See attached referenced applications. If one or more of the marks in the referencedapplications register, applicants mark may be refused registration under Trademark Act Section 2(d)because of a likelihood of confusion with the registered mark(s). See 15 U.S.C. 1052(d); 37 C.F.R.2.83; TMEP 1208 et seq. Therefore, upon receipt of applicants response to this Office action, actionon this application may be suspended pending final disposition of the earlier-filed referenced applications.

In response to this Office action, applicant may present arguments in support of registration by addressingthe issue of the potential conflict between applicants mark and the marks in the referenced applications. Applicants election not to submit arguments at this time in no way limits applicants right to address thisissue later if a refusal under Section 2(d) issues.

Although applicants mark has been refused registration, applicant may respond to the refusals bysubmitting evidence and arguments in support of registration.

Applicant must respond to the requirements set forth below.

ADDITIONAL INFORMATION REQUIREDDue to the notoriety of the institution or person named in the mark, and the fact that there is noinformation in the application record regarding a connection with applicant, applicant must specifywhether the Washington Redskins football team has any connection with applicants goods and/orservices, and if so, must describe the nature and extent of that connection. See 37 C.F.R. 2.61(b); TMEP1203.03(c)(i).

AMENDED IDENTIFICATION OF GOODS AND SERVICES REQUIREDTHIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS AND SERVICES SPECIFIEDTHEREIN

The identification of goods and services is indefinite and must be clarified because it is overly broad andincludes goods and services in more than one international class. See TMEP 1402.01. Applicant mustamend the identification to specify the type of paper hats ( paper hats for use as clothing items are inInternational Class 25, paper party hats are in International Class 28) and bibs ( paper baby bibs are inInternational Class 16, cloth baby bibs and bib overalls are in International Class 25).

In addition, applicant must re-classify the Mens, womens and childrens clothing and footwear,namely, coaches caps, wool hats, painters caps, baseball caps, visors, headbands, ear muffs, knit facemasks, belts, wristbands, T-shirts, tank tops, pajamas, golf shirts, sweaters, sweatshirts, jackets,neckties, braces, bibs, jerseys, night shirts, coats, robes, raincoats, parkas, ponchos, sneakers, gloves,scarves, snow suits, mittens, aprons, down jackets, leather jackets, shorts, sweatpants, jeans, pants,knickers, socks, underwear, bathing suits and leg warmers in International Class 25 and the entertainment services-namely, presentations of professional football contests in International Class41.

Applicant may adopt the following identification, if accurate:

INTERNATIONAL CLASS 16: Trading cards, posters, magazines and books regardingfootball; postcards, calendars, wrapping paper, paper gift boxes, paper stickers, paper

napkins, paper towels, posterbooks, notepads and greeting cards; paper baby bibs

INTERNATIONAL CLASS 25: Mens, womens and childrens clothing and footwear,namely, coaches caps, wool hats, painters caps, baseball caps, visors, headbands, earmuffs, knit face masks, belts, wristbands, T-shirts, tank tops, pajamas, golf shirts, sweaters,sweatshirts, jackets, neckties, braces, bibs, jerseys, night shirts, coats, robes, raincoats,parkas, ponchos, sneakers, gloves, scarves, snow suits, mittens, aprons, down jackets,leather jackets, shorts, sweatpants, jeans, pants, knickers, socks, underwear, bathing suitsand leg warmers; paper hats for use as clothing items; cloth baby bibs; bib overalls

INTERNATIONAL CLASS 28: Paper party hats

INTERNATIONAL CLASS 41: Entertainment services, namely, presentations ofprofessional football contests

An applicant may amend an identification of goods and services only to clarify or limit the goods andservices; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R.2.71(a); see TMEP 1402.06 et seq., 1402.07 et seq.

For assistance with identifying and classifying goods and services in trademark applications, please seethe USPTOs online searchable U.S. Acceptable Identification of Goods and Services Manual athttp://tess2.uspto.gov/netahtml/tidm.html. See TMEP 1402.04.

INSUFFICIENT FEES PAIDThe application identifies goods and services that are classified in at least three classes; however, applicantsubmitted a fee sufficient for only one class. In a multiple-class application, a fee for each class isrequired. 37 C.F.R. 2.86(a)(2); TMEP 810.01, 1403.01.

Therefore, applicant must either (1) restrict the application to the number of classes covered by the feesalready paid, or (2) submit the fees for each additional class.

The filing fees for adding classes to an application are as follows:

(1) A $325 fee per class, when the fees are submitted with an electronic response filed online athttp://www.uspto.gov/trademarks/teas/response_forms.jsp, via the Trademark ElectronicApplication System (TEAS).

(2) A $375 fee per class, when the fees are submitted with a paper response.

37 C.F.R. 2.6(a)(1)(i)-(ii); TMEP 810, 1403.02(c).

MULTIPLE-CLASS APPLICATION REQUIREMENTS (ADVISORY)For an application with more than one international class, called a multiple-class application, anapplicant must meet all the requirements below for those international classes based on an intent to use themark in commerce under Trademark Act Section 1(b):

(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant mustlist the goods and/or services by international class.

(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submitan application filing fee for each international class of goods and/or services not covered by thefee(s) already paid (confirm current fee information athttp://www.uspto.gov/trademarks/tm_fee_info.jsp).

See 15 U.S.C. 1051(b), 1112, 1126(e); 37 C.F.R. 2.34(a)(2)-(3), 2.86(a); TMEP 1403.01,1403.02(c).

RESPONSE GUIDELINESFor this application to proceed any further, applicant must explicitly address each refusal and/orrequirement raised in this Office action. If the action includes a refusal, applicant may provide argumentsand/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant mayalso have other options for responding to a refusal and should consider such options carefully. To respondto requirements and certain refusal response options, applicant should set forth in writing the requiredchanges or statements.

If applicant does not respond to this Office action within six months of the issue/mailing date, or respondsby expressly abandoning the application, the application process will end, the trademark will fail toregister, and the application fee will not be refunded. See 15 U.S.C. 1062(b); 37 C.F.R. 2.65(a),2.68(a), 2.209(a); TMEP 405.04, 718.01, 718.02. Where the application has been abandoned for failureto respond to an Office action, applicants only option would be to file a timely petition to revive theapplication, which, if granted, would allow the application to return to active status. See 37 C.F.R. 2.66;TMEP 1714. There is a $100 fee for such petitions. See 37 C.F.R. 2.6, 2.66(b)(1).

ATTORNEYBecause of the legal technicalities and strict deadlines involved in the USPTO application process,applicant may wish to hire a private attorney specializing in trademark matters to represent applicant inthis process and provide legal advice. Although the undersigned trademark examining attorney ispermitted to help an applicant understand the contents of an Office action as well as the applicationprocess in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statementsabout an applicants legal rights. TMEP 705.02, 709.06.

For attorney referral information, applicant may consult the American Bar Associations ConsumersGuide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/home.cfm, an attorney referralservice of a state or local bar association, or a local telephone directory. The USPTO may not assist anapplicant in the selection of a private attorney. 37 C.F.R. 2.11.

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademarkexamining attorney. All relevant e-mail communications will be placed in the official application record;however, an e-mail communication will not be accepted as a response to this Office action and will notextend the deadline for filing a proper response. See 37 C.F.R. 2.191; TMEP 304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to therefusals and/or requirements in this Office action, the trademark examining attorney may not provide legaladvice or statements about applicants rights. See TMEP 705.02, 709.06.

/Kathy de Jonge/Examining AttorneyLaw Office 107(571) 272-9152kathleen.dejonge@USPTO.gov (informal use only)

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Pleasewait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System(TEAS), to allow for necessary system updates of the application. For technical assistance with onlineforms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assignedtrademark examining attorney. E-mail communications will not be accepted as responses to Officeactions; therefore, do not respond to this Office action by e-mail.

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

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

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant doesnot miss crucial deadlines or official notices, check the status of the application every three to four monthsusing the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/. Please keepa copy of the TSDR status screen. If the status shows no change for more than six months, contact theTrademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

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

To: George Weston (weston@austin-weston.com)Subject: U.S. TRADEMARK APPLICATION NO. 86092137 - WASHINGTON

REDSKIN POTATOES - N/A

Sent: 3/17/2014 4:29:46 PM

Sent As: ECOM107@USPTO.GOV

Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

IMPORTANT NOTICE REGARDING YOURU.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUEDON 3/17/2014 FOR U.S. APPLICATION SERIAL NO. 86092137

Your trademark application has been reviewed. The trademark examining attorney assigned by theUSPTO to your application has written an official letter to which you must respond. Please follow thesesteps:

(1) READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S.application serial number, and clicking on Documents.

The Office action may not be immediately viewable, to allow for necessary system updates of theapplication, but will be available within 24 hours of this e-mail notification.

(2) RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from3/17/2014, using the Trademark Electronic Application System (TEAS) response form located athttp://www.uspto.gov/trademarks/teas/response_forms.jsp.

Do NOT hit Reply to this e-mail notification, or otherwise e-mail your response because theUSPTO does NOT accept e-mails as responses to Office actions.

(3) QUESTIONS about the contents of the Office action itself should be directed to the trademarkexamining attorney who reviewed your application, identified below.

/Kathy de Jonge/Examining AttorneyLaw Office 107(571) 272-9152kathleen.dejonge@USPTO.gov (informal use only)

WARNING

Failure to file the required response by the applicable response deadline will result in theABANDONMENT of your application. For more information regarding abandonment, seehttp://www.uspto.gov/trademarks/basics/abandon.jsp.

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Privatecompanies not associated with the USPTO are using information provided in trademark applications tomail or e-mail trademark-related solicitations. These companies often use names that closely resemble theUSPTO and their solicitations may look like an official government document. Many solicitations requirethat you pay fees.

Please carefully review all correspondence you receive regarding this application to make sure that youare responding to an official document from the USPTO rather than a private company solicitation. Allofficial USPTO correspondence will be mailed only from the United States Patent and TrademarkOffice in Alexandria, VA; or sent by e-mail from the domain @uspto.gov. For more information onhow to handle private company solicitations, seehttp://www.uspto.gov/trademarks/solicitation_warnings.jsp.