| 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 |
85889254 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
| MARK SECTION |
| MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85889254 |
| LITERAL ELEMENT |
SCOTTS |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| ARGUMENT(S) |
| The examining attorney has refused registration of the applied-for mark on the basis of a likelihood of confusion with the marks in U.S.
Registration Nos. 3327611 and 3327113. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. Applicant respectfully requests the examining attorney withdraw the 2(d) refusals for
the two cited registrations on the basis there is no likelihood of confusion due to the registrant's failure to timely file the Declarations of Use under Section 8 for the '611 and '113
registrations. Applicant requests that the examining attorney suspend issuance of a further refusal of the subject application because the cited registrations are in the grace period for filing the
Section 8. Applicant reserves its right to submit arguments in favor of registration and withdrawal of the cited '611 and '113 registrations if the registrant timely files the Section 8s and
maintains the registrations. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Karen Hammond/ |
| SIGNATORY'S NAME |
Karen Hammond |
| SIGNATORY'S POSITION |
In-house counsel for applicant |
| SIGNATORY'S PHONE NUMBER |
937-578-1347 |
| DATE SIGNED |
01/06/2014 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Jan 06 11:51:35 EST 2014 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0140106115135111579-85889
254-500331dfde313f6635d1c
85eed979b75458adb5a9bc24d
7be42a24775eb7218b0-N/A-N
/A-20140106113316947619 |
| 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.
85889254 SCOTTS (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85889254) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The examining attorney has refused registration of the applied-for mark on the basis of a likelihood of confusion with the marks in U.S. Registration Nos. 3327611 and 3327113. Trademark Act Section
2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. Applicant respectfully requests the examining attorney withdraw the 2(d) refusals for the two cited registrations on the basis there is no
likelihood of confusion due to the registrant's failure to timely file the Declarations of Use under Section 8 for the '611 and '113 registrations. Applicant requests that the examining attorney
suspend issuance of a further refusal of the subject application because the cited registrations are in the grace period for filing the Section 8. Applicant reserves its right to submit arguments in
favor of registration and withdrawal of the cited '611 and '113 registrations if the registrant timely files the Section 8s and maintains the registrations.
SIGNATURE(S)
Response Signature
Signature: /Karen Hammond/ Date: 01/06/2014
Signatory's Name: Karen Hammond
Signatory's Position: In-house counsel for applicant
Signatory's Phone Number: 937-578-1347
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: 85889254
Internet Transmission Date: Mon Jan 06 11:51:35 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2014010611513511
1579-85889254-500331dfde313f6635d1c85eed
979b75458adb5a9bc24d7be42a24775eb7218b0-
N/A-N/A-20140106113316947619