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 |
85849756 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85849756 |
LITERAL ELEMENT |
SCOTTS |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (017)(current) |
INTERNATIONAL CLASS |
017 |
DESCRIPTION |
Garden hoses; watering accessories, namely, nozzles, sprinklers, wands, replacement couplings, replacement fittings, watering timers,
and spigot extension products |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (017)(proposed) |
INTERNATIONAL CLASS |
017 |
TRACKED TEXT DESCRIPTION |
Garden hoses; Garden hoses, non-metal couplings for use with garden
hoses, non-metal hose fittings; watering accessories, namely, nozzles, sprinklers, wands, replacement couplings, replacement fittings, watering timers, and
spigot extension products |
FINAL DESCRIPTION |
Garden hoses, non-metal couplings for use with garden hoses, non-metal hose fittings |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(class added) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Watering timers |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (011)(class added) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Spigots |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(class added) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Hose nozzles, lawn sprinklers, sprayer wands for garden hoses |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
4 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
1300 |
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 |
/Karen Hammond/ |
SIGNATORY'S NAME |
Karen Hammond |
SIGNATORY'S POSITION |
In-house counsel for applicant |
SIGNATORY'S PHONE NUMBER |
937-578-1347 |
DATE SIGNED |
10/22/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Oct 22 11:58:10 EDT 2013 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0131022115810532513-85849
756-5008b4ddf1d3b6f4572ae
74b15f4f07474e6ba87191ca2
518f2b76fcb9b7122ab-DA-11
520-20131022114932026813 |
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.
85849756 SCOTTS (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85849756) 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 017 for Garden hoses; watering accessories, namely, nozzles, sprinklers, wands, replacement couplings, replacement fittings, watering timers, and spigot extension products
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: Garden hoses;
Garden hoses, non-metal couplings for use with garden hoses, non-metal hose
fittings;
watering accessories, namely, nozzles, sprinklers, wands, replacement couplings, replacement fittings, watering timers, and spigot extension
productsClass 017 for Garden hoses, non-metal couplings for use with garden hoses, non-metal hose fittings
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 009 for 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 011 for Spigots
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 Hose nozzles, lawn sprinklers, sprayer wands 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.
FEE(S)
Fee(s) in the amount of $1300 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: /Karen Hammond/ Date: 10/22/2013
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.
RAM Sale Number: 85849756
RAM Accounting Date: 10/22/2013
Serial Number: 85849756
Internet Transmission Date: Tue Oct 22 11:58:10 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2013102211581053
2513-85849756-5008b4ddf1d3b6f4572ae74b15
f4f07474e6ba87191ca2518f2b76fcb9b7122ab-
DA-11520-20131022114932026813