PTO- 1957 |
Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
The table below presents the data as entered.
PTO- 1957 |
Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
90248200 EMPIRE(Standard Characters, see http://uspto.report/TM/90248200/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
please see attached PDF
EVIDENCE
Evidence has been attached: response to Office Action
Original PDF file:
evi_26014580042750d0f8ff1
55d66802-2021051012070288 0796_._SN_90248200.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 031 for live plants
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: live plants;
live plants, namely, spiraeaClass 031 for live plants, namely, spiraea
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
BRIDGET H LABUTTA
PRIMARY EMAIL FOR CORRESPONDENCE: usptotm@panitchlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): blabutta@panitchlaw.com; dballantyne@panitchlaw.com
The docket/reference number is 689494.0311.
Correspondence Information (proposed):
Bridget H Labutta
PRIMARY EMAIL FOR CORRESPONDENCE: usptotm@panitchlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): blabutta@panitchlaw.com; dballantyne@panitchlaw.com
The docket/reference number is 689494.0311.
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
SIGNATURE(S)
Response Signature
Signature: /BHLabutta/ Date: 05/10/2021
Signatory's Name: Bridget H Labutta
Signatory's Position: Attorney of record, PA and FL bar member
Signatory's Phone Number: 215-965-1388 Signature method: Signed directly within the form
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: BRIDGET H LABUTTA
PANITCH SCHWARZE
2001 MARKET STREET, SUITE 2800
PHILADELPHIA, Pennsylvania 19103
Mailing Address: Bridget H Labutta
PANITCH SCHWARZE
2001 MARKET STREET, SUITE 2800
PHILADELPHIA, Pennsylvania 19103
Serial Number: 90248200
Internet Transmission Date: Mon May 10 12:09:48 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XX:XXXX:XXXX:XXXX:XXX:XXX
X:XXXX-20210510120948875026-90248200-780
3c74685f5951b943f928a67f3e4eef42d69264ed
7da38da12f2cc4611dfc4-N/A-N/A-2021051012
0702880796