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 |
85833647 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85833647 |
LITERAL ELEMENT |
MIRACLE-GRO |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (019)(current) |
INTERNATIONAL CLASS |
019 |
DESCRIPTION |
Trellises and fencing for lawn and garden use |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (019)(proposed) |
INTERNATIONAL CLASS |
019 |
TRACKED TEXT DESCRIPTION |
Trellises and fencing for lawn and garden use; Non-metal trellises
and non-metal fencing for lawn and garden use |
FINAL DESCRIPTION |
Non-metal trellises and non-metal fencing for lawn and garden use |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Plant supports and related accessories for lawn and garden use, namely, ties, tape, stakes, poles, hoops, rings, and twine; plant
containers and saucers; animal decoys for garden use to deter and repel pests and other animals |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Plant supports and related accessories for lawn and garden use, namely, ties, tape, stakes, poles,
hoops, rings, and twine; Plant containers, namely holders for plants and saucers; plant containers and saucers;
animal decoys for garden use to deter and repel pests and other animals |
FINAL DESCRIPTION |
Plant containers, namely holders for plants and saucers |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (006)(class added) |
INTERNATIONAL CLASS |
006 |
DESCRIPTION |
Metal trellises and metal fencing for lawn and garden use; Plant supports and related accessories for lawn and garden use, namely, metal
poles, metal stakes, metal hoops, metal rings |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(class added) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
Plant supports and related accessories for lawn and garden use, namely, non-metal stakes, non-metal poles, non-metal hoops, non-metal
rings; decorative animal decoys for garden use to deter and repel pests and other animals |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (022)(class added) |
INTERNATIONAL CLASS |
022 |
DESCRIPTION |
Plant supports and related accessories for lawn and garden use, namely, plastic, sisal, jute, soft wire, cotton and nylon ties,
twine |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
3 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
975 |
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 Memb er |
DATE SIGNED |
05/02/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu May 02 12:54:37 EDT 2013 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0130502125437293720-85833
647-500a8c3d4b6b845262a51
30d10e30243f215a34f44c5dd
e671ff1b8865ad68fc-DA-103
98-20130502124239257493 |
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.
85833647 MIRACLE-GRO(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85833647) 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 019 for Trellises and fencing for lawn and garden use
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: Trellises and fencing for lawn and garden use;
Non-metal trellises and non-metal fencing for lawn
and garden useClass 019 for Non-metal trellises and non-metal fencing for lawn and garden use
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 021 for Plant supports and related accessories for lawn and garden use, namely, ties, tape, stakes, poles, hoops, rings, and twine; plant containers and saucers; animal decoys
for garden use to deter and repel pests and other animals
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: Plant supports and related accessories for lawn and garden use, namely, ties, tape, stakes, poles, hoops, rings, and twine;
Plant containers, namely holders for plants and saucers;
plant containers and saucers;
animal decoys for garden use to deter and repel pests and other animalsClass 021 for Plant containers, namely holders for plants and saucers
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 006 for Metal trellises and metal fencing for lawn and garden use; Plant supports and related accessories for lawn and garden use, namely, metal poles, metal stakes, metal hoops,
metal rings
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 020 for Plant supports and related accessories for lawn and garden use, namely, non-metal stakes, non-metal poles, non-metal hoops, non-metal rings; decorative animal decoys for
garden use to deter and repel pests and other animals
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 022 for Plant supports and related accessories for lawn and garden use, namely, plastic, sisal, jute, soft wire, cotton and nylon ties, twine
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 $975 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 Memb er
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: 85833647
RAM Accounting Date: 05/02/2013
Serial Number: 85833647
Internet Transmission Date: Thu May 02 12:54:37 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2013050212543729
3720-85833647-500a8c3d4b6b845262a5130d10
e30243f215a34f44c5dde671ff1b8865ad68fc-D
A-10398-20130502124239257493