PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77545441 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
potting soil, growing media for plants for domestic use |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
potting soil, growing media for plants for domestic use |
FIRST USE ANYWHERE DATE |
At least as early as 01/31/2002 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/31/2002 |
STATEMENT TYPE |
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to
Allege Use (AAU)." |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT6\IMAGEOUT6 \775\454\77545441\xml3\RO A0002.JPG |
SPECIMEN DESCRIPTION |
photocopy of a photograph of a product package |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
PRIOR REGISTRATION(S) |
Applicant claims ownership of U.S. Registration Number(s) 2538168, 3033147. |
MISCELLANEOUS STATEMENT |
Applicant notes that the TESS records list Reg. No. 2538168 as "cancelled." Applicant owns U.S. Registration No. 3033147. |
CORRESPONDENCE SECTION |
ORIGINAL ADDRESS |
SUSAN E. HOLLANDER, ESQ.
MANATT, PHELPS & PHILLIPS, LLP
1001 PAGE MILL ROAD, BUILDING 2
PALO ALTO, CA 94304
|
NEW CORRESPONDENCE SECTION |
NAME |
Susan E. Hollander, Esq. |
FIRM NAME |
MANATT, PHELPS & PHILLIPS, LLP |
STREET |
1001 Page Mill Road, Building 2 |
CITY |
Palo Alto |
STATE |
California |
ZIP/POSTAL CODE |
94304 |
COUNTRY |
United States |
PHONE |
650-812-1300 |
FAX |
650-213-0260 |
EMAIL |
patrademarks@manatt.com |
AUTHORIZED EMAIL COMMUNICATION |
Yes |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/Gail I. Nevius Abbas/ |
SIGNATORY'S NAME |
Gail I. Nevius Abbas, Esq. |
SIGNATORY'S POSITION |
Attorney for Applicant |
DATE SIGNED |
03/23/2009 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Mar 23 18:54:33 EDT 2009 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
090323185433693454-775454
41-430191d98e927ac24c97b6
65f7f1505c23-N/A-N/A-2009
0323183840316557 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77545441 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 potting soil, growing media for plants for domestic use
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).
Proposed: Class 001 for potting soil, growing media for plants for domestic use
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).
In International Class 001, the mark was first used at least as early as 01/31/2002. and first used in commerce at least as early as 01/31/2002.
Applicant hereby submits a new specimen for Class 001. The specimen(s) submitted consists of photocopy of a photograph of a product package.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to Allege Use (AAU)."
Specimen File1
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
SUSAN E. HOLLANDER, ESQ.
MANATT, PHELPS & PHILLIPS, LLP
1001 PAGE MILL ROAD, BUILDING 2
PALO ALTO, CA 94304
Proposed:
Susan E. Hollander, Esq. of MANATT, PHELPS & PHILLIPS, LLP, having an address of
1001 Page Mill Road, Building 2 Palo Alto, California 94304
United States
patrademarks@manatt.com
650-812-1300
650-213-0260
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
Applicant claims ownership of U.S. Registration Number(s) 2538168, 3033147.
Applicant notes that the TESS records list Reg. No. 2538168 as "cancelled." Applicant owns U.S. Registration No. 3033147.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /Gail I. Nevius Abbas/ Date: 03/23/2009
Signatory's Name: Gail I. Nevius Abbas, Esq.
Signatory's Position: Attorney for Applicant
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.
Mailing Address: Susan E. Hollander, Esq.
MANATT, PHELPS & PHILLIPS, LLP
1001 Page Mill Road, Building 2
Palo Alto, California 94304
Serial Number: 77545441
Internet Transmission Date: Mon Mar 23 18:54:33 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20090323185433693
454-77545441-430191d98e927ac24c97b665f7f
1505c23-N/A-N/A-20090323183840316557