Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85801247 MIRACLE-GRO (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85801247) 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 007 for Powered lawn and garden tools and equipment
Original Filing Basis:
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: Powered lawn and garden tools and equipment; Powered lawn and garden tools and equipment, namely lawn mowers, aerators, mulchers, dethatchers, chippers, spreaders, edgers, shears, blowers, trimmers, cultivators, pruners, hedge trimmers, chainsaws, tillers, saws, lawn rakers, composters, and snow plowsClass 007 for Powered lawn and garden tools and equipment, namely lawn mowers, aerators, mulchers, dethatchers, chippers, spreaders, edgers, shears, blowers, trimmers, cultivators, pruners, hedge trimmers, chainsaws, tillers, saws, lawn rakers, composters, and snow plows
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Non-powered lawn and genden tools and equipment
Original Filing Basis:
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: Non-powered lawn and genden tools and equipment; Non-powered lawn and genden tools and equipment, namely aerators, dethatchers, trimmers, spreaders, edgers, shears, cultivators, pruners, hedge trimmers, tillers, saws, shovels, loppers, rakes, garden scissors, spades, post hole diggers, augers, sod lifters, hoes, weeders, trowels, hori hori knives, hatchets, mauls, axes, snips, sharpeners, push reel mowers, transplanters, weeders, scoopers, spades, and bulb plantersClass 008 for Non-powered lawn and genden tools and equipment, namely aerators, dethatchers, trimmers, spreaders, edgers, shears, cultivators, pruners, hedge trimmers, tillers, saws, shovels, loppers, rakes, garden scissors, spades, post hole diggers, augers, sod lifters, hoes, weeders, trowels, hori hori knives, hatchets, mauls, axes, snips, sharpeners, push reel mowers, transplanters, weeders, scoopers, spades, and bulb planters
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.

SIGNATURE(S)
Response Signature
Signature: /Elizabeth L. Brooks/     Date: 05/01/2013
Signatory's Name: Elizabeth L. Brooks
Signatory's Position: Attorney of Record-VA Bar Member

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: 85801247
Internet Transmission Date: Wed May 01 16:02:40 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2013050116024058
1535-85801247-50025b7adcb8997cb24c4c16d9
17fe6f4948b5ab256c34aca4f953a12df4023b28
2-N/A-N/A-20130501155444569117