PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85833618 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85833618 |
LITERAL ELEMENT |
MIRACLE-GRO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (017)(class deleted) |
GOODS AND/OR SERVICES SECTION (009)(class added)Original Class (017) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Watering accessories, namely watering timers |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (017)(class added) |
INTERNATIONAL CLASS |
017 |
DESCRIPTION |
Garden hoses |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(class added) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Watering accessories, namely, hose nozzles, grass and lawn sprinklers,sprayer wands for garden hoses, and replacement parts and fittings
therefor, in the nature of couplings and fittings, and spigot extension products |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
2 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
650 |
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 |
/Elizabeth L. Brooks/ |
SIGNATORY'S NAME |
Elizabeth L. Brooks |
SIGNATORY'S POSITION |
Attorney of Record-VA Bar Member |
DATE SIGNED |
05/02/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu May 02 10:15:12 EDT 2013 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0130502101512059215-85833
618-500f4271e58eb782a41e2
9dcfb953acf12a1457ec6d785
422b4b1b5f2f80561-DA-8480
-20130502095616410458 |
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.
85833618 MIRACLE-GRO (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85833618) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 017 for Garden hoses; watering accessories, namely, nozzles, sprinklers, wands, replacement couplings, replacement fittings, watering timers, and spigot extension products
Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 017 ) for Watering accessories, namely watering timers
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 hereby adds the following class of goods/services to the application:
New: Class 017 for Garden hoses
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 hereby adds the following class of goods/services to the application:
New: Class 021 for Watering accessories, namely, hose nozzles, grass and lawn sprinklers,sprayer wands for garden hoses, and replacement parts and fittings therefor, in the nature of couplings
and fittings, and spigot extension products
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.
FEE(S)
Fee(s) in the amount of $650 is being submitted.
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: /Elizabeth L. Brooks/ Date: 05/02/2013
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.
RAM Sale Number: 85833618
RAM Accounting Date: 05/02/2013
Serial Number: 85833618
Internet Transmission Date: Thu May 02 10:15:12 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2013050210151205
9215-85833618-500f4271e58eb782a41e29dcfb
953acf12a1457ec6d785422b4b1b5f2f80561-DA
-8480-20130502095616410458