Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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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. 86387339 GA GROWN AMERICAN (Stylized and/or with Design, see http://uspto.report/TM/86387339/mark.png) 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 005 for Dietary supplements; nutraceuticals for use as a dietary supplement; food and beverage ingredients; and ingredients for dietary supplements
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: Dietary supplements; nutraceuticals for use as a dietary supplement; food and beverage ingredients; food and beverage ingredients, namely, processed fruits, vegetables, grains, herbs, and beans; and ingredients for dietary supplements; ingredients for dietary supplements, namely, processed fruits, vegetables, grains, herbs, and beansClass 005 for Dietary supplements; nutraceuticals for use as a dietary supplement; food and beverage ingredients, namely, processed fruits, vegetables, grains, herbs, and beans; ingredients for dietary supplements, namely, processed fruits, vegetables, grains, herbs, and beans
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
STEPHEN R. BAIRD
WINTHROP & WEINSTINE, P.A.
225 S 6TH ST
MINNEAPOLIS
Minnesota (MN)
US
55402-4601

Proposed:
STEPHEN R. BAIRD of WINTHROP & WEINSTINE, P.A., having an address of
Capella Tower, Suite 3500 225 South Sixth Street MINNEAPOLIS, Minnesota 55402-4601
United States
trademark@winthrop.com;sbaird@winthrop.com;sbell@winthrop.com
612-604-6585
612-604-6985
The docket/reference number is 11417.453 .



ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use AMERICAN apart from the mark as shown.


Description of mark
The mark consists of a red tractor with black wheels with the letters GA in white, driving over a stylized light and dark green field, all of which is in a circle surrounded by a red, white, and blue ribbon. The wording GROWN AMERICAN appears in white on another red ribbon that goes across the lower half of the mark.

SIGNATURE(S)
Response Signature
Signature: /srb/     Date: 02/05/2015
Signatory's Name: Stephen R. Baird
Signatory's Position: Attorney of Record, Minnesota Bar Member

Signatory's Phone Number: (612) 604-6585

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.

Mailing Address:    STEPHEN R. BAIRD
   WINTHROP & WEINSTINE, P.A.
   Capella Tower, Suite 3500
   225 South Sixth Street
   MINNEAPOLIS, Minnesota 55402-4601
        
Serial Number: 86387339
Internet Transmission Date: Thu Feb 05 10:04:37 EST 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20150205100437
921237-86387339-530e46a2822e7756714975c4
edaecf4ccedb9b043857131e086e7da73d3a8ca6
9ad-N/A-N/A-20150204135419321642