file: \\intrepid-prod.ic.gc.ca\tmdata\ec\trade_mark\01\50\06\12\campagna11908110643868_rev.html printed: 2011-08-19 13:11

Electronic Application Receive TimeStamp: August 19, 2011 11:10:54 AM

Date : August 19, 2011

We refer to the Examiner’s Report issued on March 10, 2011.

The Examiner has asked the Applicant to amend this Application to describe the wares “frozen, refrigerated and packaged side dishes consisting primarily of meat, fish, poultry or vegetables” more specifically. We respectfully submit that the aforementioned language is sufficiently detailed to constitute “a statement in ordinary commercial terms” and urge that it be accepted.

The statement of wares already contains the description “frozen, refrigerated and packaged entrees consisting primarily of meat, fish, poultry or vegetables”. That description differs from the one the Examiner has rejected only by having the word combination “side dishes” in place of “entrees”. The statement also contains another description which includes the word combination “side dishes”, namely “frozen, refrigerated and packaged side dishes of consisting of pasta or rice”.

The word combination “side dish” is commonly used in English-speaking countries. Attached are pages printed from Wikipedia.org and the first page of the results of a search for “side dish” using the Google Canada search engine. The latter disclosed “About 487,0000 results”. A “side dish” is “food item that accompanies the entrée or main course at a meal”. We therefore respectfully that the term is one in ordinary commercial terms and acceptable.

If the Examiner has no further requirements, we look forward to receiving confirmation that this Application has been accepted for advertisement in the Trade-marks Journal.

Trade-mark application number: 1500612

Reference No. : 126042-1033

Other Document C:\Documents and Settings\campagnt\My Documents\VH ATTACH.pdf enclosed.

1. The applicant, ConAgra International, Inc. the full post office address of whose principal office or place of business is One ConAgra Drive, Omaha, Nebraska 68102, UNITED STATES OF AMERICA, applies for the registration, in accordance with the provisions of the Trade-marks Act, of the trade-mark identified below.

2. The trade-mark is

3. The applicant by itself or through a licensee, or by itself and through a licensee, intends to use the trade-mark in Canada in association with (1) Frozen, refrigerated and packaged entrees consisting primarily of meat, fish, poultry or vegetables; frozen, refrigerated and canned vegetables; frozen refrigerated and canned meats; frozen, refrigerated and packaged side dishes consisting primarily of meat, fish, poultry or vegetables; frozen, refrigerated and packaged entrees consisting primarily of pasta or rice; frozen, refrigerated and packaged side dishes consisting primarily of pasta or rice and requests registration of the trade-mark in respect of such wares.

4. The applicant appoints STIKEMAN ELLIOTT LLP, whose full post office address in Canada is SUITE 1600, 50 O'CONNOR STREET, OTTAWA, ONTARIO, CANADA, K1P 6L2, as the person (firm or any member of the said firm), as its agent to prosecute this revised application with full powers of amendment and substitution, to execute any amendment related thereto as well as any amended revised application, and to represent the applicant with respect to this revised application, the said agents being authorized to receive the registration certificate on behalf of the applicant.

5. The applicant appoints STIKEMAN ELLIOTT LLP, whose full post office address in Canada is SUITE 1600, 50 O'CONNOR STREET, OTTAWA, ONTARIO, CANADA, K1P 6L2 as the person (or firm) to whom any notice in respect of the revised application or registration may be sent, and upon whom service of any proceedings in respect of the revised application or registration may be given or served with the same effect as if they had been given to or served upon the applicant or registrant.

6. The applicant is satisfied that it is entitled to use the trade-mark in Canada in association with the wares described above.