PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77349650 |
LAW OFFICE ASSIGNED |
LAW OFFICE 103 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
Horticultural products, namely soil amendments that are incorporated into or onto a turf, lawn or soil profile for creating a health
medium for increased root growth and/or a smoother turf or lawn surface cut or appearance; Soil additives; Soil amendments; Soil conditioning preparations; Soil improving agents; Soil improving
preparations |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/31/2005 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/31/2005 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
Horticultural products, namely soil amendments that are incorporated into or onto a turf, lawn or soil profile for creating a health
medium for increased root growth and/or a smoother turf or lawn surface cut or appearance; Soil additives; Soil amendments; Soil conditioning preparations; Soil improving agents; Soil improving
preparations |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/31/2005 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/31/2005 |
STATEMENT TYPE |
"The substitute specimen(s) was in use in commerce as of the filing date of the application." |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT2\IMAGEOUT2 \773\496\77349650\xml1\RO A0002.JPG |
SPECIMEN DESCRIPTION |
The specimen is a label affixed to the packaging of the product. |
ADDITIONAL STATEMENTS SECTION |
SIGNIFICANCE OF MARK |
""GSR" appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the
application, no geographical significance, nor any meaning in a foreign language." |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Mark A. Ekse/ |
SIGNATORY'S NAME |
Mark A. Ekse |
SIGNATORY'S POSITION |
Attorney of record |
DATE SIGNED |
07/25/2008 |
RESPONSE SIGNATURE |
/Mark A. Ekse/ |
SIGNATORY'S NAME |
Mark A. Ekse |
SIGNATORY'S POSITION |
Attorney of record |
DATE SIGNED |
07/25/2008 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jul 25 16:41:54 EDT 2008 |
TEAS STAMP |
USPTO/ROA-XX.X.XXX.XX-200
80725164154822261-7734965
0-420b9b6965ff2502a6766b2
a370daa866-N/A-N/A-200807
25163727601912 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77349650 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Horticultural products, namely soil amendments that are incorporated into or onto a turf, lawn or soil profile for creating a health medium for increased root growth
and/or a smoother turf or lawn surface cut or appearance; Soil additives; Soil amendments; Soil conditioning preparations; Soil improving agents; Soil improving preparations
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2005 and first used in commerce at least as early as 05/31/2005, and is
now in use in such commerce.
Proposed: Class 001 for Horticultural products, namely soil amendments that are incorporated into or onto a turf, lawn or soil profile for creating a health medium for increased root growth
and/or a smoother turf or lawn surface cut or appearance; Soil additives; Soil amendments; Soil conditioning preparations; Soil improving agents; Soil improving preparations
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2005 and first used in commerce at least as early as 05/31/2005, and is
now in use in such commerce.
Applicant hereby submits a new specimen for Class 001. The specimen(s) submitted consists of The specimen is a label affixed to the packaging of the product..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
""GSR" appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a
foreign language."
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or
licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the
application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly
authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being
filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association
has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such
other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made
of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.
Signature: /Mark A. Ekse/ Date: 07/25/2008
Signatory's Name: Mark A. Ekse
Signatory's Position: Attorney of record
Response Signature
Signature: /Mark A. Ekse/ Date: 07/25/2008
Signatory's Name: Mark A. Ekse
Signatory's Position: Attorney of record
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 77349650
Internet Transmission Date: Fri Jul 25 16:41:54 EDT 2008
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-200807251641548222
61-77349650-420b9b6965ff2502a6766b2a370d
aa866-N/A-N/A-20080725163727601912