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 |
85843297 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85843297 |
LITERAL ELEMENT |
SCOTTS |
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 (current) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
Plant food, planting soil, lawn soil, growing media, soil conditioners, soil amendments |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/01/1928 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/01/1928 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
001 |
TRACKED TEXT DESCRIPTION |
Plant food, planting soil, lawn soil, growing media, soil conditioners, soil amendments;
Plant food, planting soil, growing media for plants, soil conditioners for domestic or horticultural use, soil amendments |
FINAL DESCRIPTION |
Plant food, planting soil, growing media for plants, soil conditioners for domestic or horticultural use, soil amendments |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/01/1928 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/01/1928 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/CF/ |
SIGNATORY'S NAME |
Carly Fraker |
SIGNATORY'S POSITION |
In House Counsel for Applicant |
SIGNATORY'S PHONE NUMBER |
937-536-0346 |
DATE SIGNED |
05/29/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed May 29 11:57:18 EDT 2013 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0130529115718655244-85843
297-500793871cc7d7ccfc94a
6233aaede0f397f7611dddc8d
66eb4daf1d241d8d56c-N/A-N
/A-20130529115306766051 |
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.
85843297 SCOTTS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85843297) 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 Plant food, planting soil, lawn soil, growing media, soil conditioners, soil amendments
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/01/1928 and first used in commerce at least as early as 08/01/1928 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Plant food, planting soil, lawn soil, growing media, soil conditioners, soil amendments;
Plant
food, planting soil, growing media for plants, soil conditioners for domestic or horticultural use, soil amendmentsClass 001 for Plant food, planting soil, growing media for plants, soil
conditioners for domestic or horticultural use, soil amendments
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/01/1928 and first used in commerce at least as early as 08/01/1928 , and
is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /CF/ Date: 05/29/2013
Signatory's Name: Carly Fraker
Signatory's Position: In House Counsel for Applicant
Signatory's Phone Number: 937-536-0346
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: 85843297
Internet Transmission Date: Wed May 29 11:57:18 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2013052911571865
5244-85843297-500793871cc7d7ccfc94a6233a
aede0f397f7611dddc8d66eb4daf1d241d8d56c-
N/A-N/A-20130529115306766051