PR-Teas-Response to Post Reg Office Act

Global Format; No Form Number (Rev 8/2009)

OMB No. 0651-0055 (Exp. 07/31/2018)

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Global Format; No Form Number (Rev 8/2009)

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. 3388244 :

FORM INFORMATION

The Examiner has issued an office action for the trademark CRUSADER, Registration No. 3,388,244 requiring Registrant to establish chain of title in ownership from Seed Research, Inc. to Seed Research of Oregon. Registrant is herewith responding to the Examiner’s requirement through the following explanation.

 

1. Registrant was the owner of the trademark at the time of filing

 

According to TMEP 1604.07(a), if the party who filed the affidavit or declaration was the owner of the registration at the time of filing, the party may file evidence in the response to the office action to establish ownership.

 

We refer to the U.S. Patent and Trademark Office records at TSDR to explain that the trademark CRUSADER was filed by Seed Research, Inc. d/b/a Seed Research of Oregon and not only by the name Seed Research, Inc. In addition, the Registrant was the same party that signed the combined declaration of continued use and incontestability under the name Seed Research of Oregon. Thus, there has been no change in ownership from the date of the filing of the trademark application to the present time.

 

2. Inadvertent mistake by Registrant in identifying its name in the declaration

 

Considering the above, the Registrant mistakenly filed the combined declaration of use and incontestability only under its Assumed Business Name (Seed Research of Oregon) and omitted its legal entity name. Failure of Registrant to include its entire name excluding its legal entity name occurred inadvertently and without deceptive intention. We refer to the attached excerpts from the Secretary of State of Oregon that confirm that Seed Research of Oregon is the Assumed Business Name of Seed Research, Inc.

 

Thus, the party who filed the combined declaration of continued use and incontestability is the same Registrant who was the owner at the time this trademark application was filed. TMEP §1604.07(f) states that mistakes in the matter in which the name of the owner is set out in the affidavit can be corrected and it also states that no deficiency surcharge required. Such section also refers to TMEP § 1201.02(c)(1), which indicates that the Applicant’s error in identifying itself by a name under which it does business, which is not a legal entity, is permitted to be amended to state the applicant’s correct legal name.

 

Registrant believes the explanation above satisfies the requirement issued by the Examiner in the office action and respectfully requests to the Examiner acceptance of the declaration of continued use and incontestability for the trademark CRUSADER owned by Seed Research, Inc. d/b/a Seed Research of Oregon.

FORM FILE NAME(S)

Original PDF file:
Assumed_Business_Name_20137215950904.pdf
Converted PDF file(s) (3 pages)
Attachments-1
Attachments-2
Attachments-3

SIGNATURE(S)
Declaration Signature
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 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: /Bill Dunn/      Date: 08/23/2013
Signatory's Name: Bill Dunn
Signatory's Position: Executive Vice President

Submission Signature
Signature: /Robert J. Jondle/     Date: 08/23/2013
Signatory's Name: Robert J. Jondle
Signatory's Position: Attorney of Record, Colorado Bar Member
Signatory's Phone Number: 303-799-6444

        
Serial Number: 77210905
Internet Transmission Date:
TEAS Stamp: USPTO/TRS-XX.XX.XXX.XXX-2013082316475886
9018-3388244-20130821170844350646-N/A-N/
A-20130821170844350646