PR-Teas-Response to Post Reg Office Act

PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

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PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number: 4522698

FORM TEXT:

In response to your Official Office Action issued against the above referenced mark regarding the Section 8 Affidavit, please be aware that AMVAC’s industry is regulated on a federal and state level and use of trademarks directly on product labels must be approved by applicable government agencies.     

Although our products are backed up with studies to show our products enhance yields, the YES mark has a positive connotation that could imply safety or non-toxicity or possibly be misleading.  For these reasons, AMVAC does not wish to file regulatory applications for use of the mark directly on its product labels. 

EPA rules and regulations regarding pesticide labeling can be found at 40 CFR §156.10, specifically, §156.10(a)(5)(vii) and §156.10(a)(6)(b)(2)(ii).  Additionally, the EPA Label Review Manuel can be found here:  http://www.epa.gov/sites/production/files/2017-09/documents/chap-16-aug-2017.pdf

40 CFR §156.10(a)(5)(vii)

(5) False or misleading statements. Pursuant to section 2(q)(1)(A) of the Act, a pesticide or a device declared subject to the Act pursuant to §152.500, is misbranded if its labeling is false or misleading in any particular including both pesticidal and non-pesticidal claims. Examples of statements or representations in the labeling which constitute misbranding include:

(vii) A true statement used in such a way as to give a false or misleading impression to the purchaser;

(6) Final printed labeling. (i) Except as provided in paragraph (a)(6)(ii) of this section, final printed labeling must be submitted and accepted prior to registration. However, final printed labeling need not be submitted until draft label texts have been provisionally accepted by the Agency.

(b) Name, brand, or trademark. (1) The name, brand, or trademark under which the pesticide product is sold shall appear on the front panel of the label.

(2) No name, brand, or trademark may appear on the label which:

(i) Is false or misleading, or

(ii) Has not been approved by the Administrator through registration or supplemental registration as an additional name pursuant to §152.132.

EPA Label Review Manual, Section III, Unacceptable Graphics and Symbols (page 5) -

Examples of graphics and symbols that would generally be considered unacceptable include the following:

·        Symbols implying safety or non-toxicity. 

Applicant respectfully requests that the refusal be withdrawn and the Section 8 Affidavit be approved.  

SPECIMEN DESCRIPTION

Please see attached response to office action.


FORM FILE NAME(S):

Original PDF file:
AMVAC_ROA_issued_06-02-2020_20205845034386.pdf
Converted PDF file(s) (1 page)
Attachments-1

The substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71, as appropriate.The owner proposes to amend the following:
Current: AMVAC Chemical Corporation, having an address of
      4695 MACARTHUR COURT
      SUITE 1200
      NEWPORT BEACH, California 92660
      United States
      Email Address: XXXX

Proposed: AMVAC Chemical Corporation, having an address of
      4695 MACARTHUR COURT
      SUITE 1200
      NEWPORT BEACH, California 92660
      United States
      Email Address: XXXX
Correspondence Information (current):
      AMVAC CHEMICAL CORPORATION
      PRIMARY EMAIL FOR CORRESPONDENCE: irener@amvac.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      AMVAC Chemical Corporation
      PRIMARY EMAIL FOR CORRESPONDENCE: irener@amvac.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, 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: /Timothy J. Donnelly/      Date: 06/08/2020
Signatory's Name: Timothy J. Donnelly
Signatory's Position: CAO, General Counsel and Secretary

Submission Signature
Signature: /Timothy J. Donnelly/     Date: 06/08/2020
Signatory's Name: Timothy J. Donnelly
Signatory's Position: CAO, General Counsel and Secretary

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    AMVAC CHEMICAL CORPORATION
   
   4695 MACARTHUR COURT
   SUITE 1200
   NEWPORT BEACH, California 92660
Mailing Address:    AMVAC Chemical Corporation
   
   4695 MACARTHUR COURT
   SUITE 1200
   NEWPORT BEACH, California 92660
        
RAM Sale Number: 58581086
RAM Accounting Date: 06/08/2020
        
Serial Number: 85697463
Internet Transmission Date: Mon Jun 08 16:59:00 ET 2020
TEAS Stamp: USPTO/TRS-XX.XXX.XXX.XXX-202006081659003
44349-4522698-20200608164651794989-CC-58
581086-20200608164651794989