| 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 |
85849810 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
| MARK SECTION |
| MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85849810 |
| LITERAL ELEMENT |
SCOTTS |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
001 |
| DESCRIPTION |
| Fertilizer, planting soil, lawn soil, plant food, 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 |
Fertilizer, planting soil, lawn soil, plant food, growing media, soil conditioners, soil
amendments; Fertilizer, planting soil, plant food, growing media for plants, soil conditioners for domestic or horticultural use, soil amendments |
| FINAL DESCRIPTION |
| Fertilizer, planting soil, plant food, 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 11:51:15 EDT 2013 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0130529115115407625-85849
810-500461bace73e22533897
59d876a5ca9a65a62b58696b8
3963d8fe9a7449b1267-N/A-N
/A-20130529114104697543 |
| 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.
85849810 SCOTTS (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85849810) 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 Fertilizer, planting soil, lawn soil, plant food, 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: Fertilizer, planting soil, lawn soil, plant food, growing media, soil conditioners, soil amendments;
Fertilizer, planting soil, plant food, growing media for plants, soil conditioners for domestic or horticultural use, soil amendmentsClass 001 for Fertilizer, planting soil, plant food,
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: 85849810
Internet Transmission Date: Wed May 29 11:51:15 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2013052911511540
7625-85849810-500461bace73e2253389759d87
6a5ca9a65a62b58696b83963d8fe9a7449b1267-
N/A-N/A-20130529114104697543