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. 86478879 JULIET(Standard Characters, see http://uspto.report/TM/86478879/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

REQUEST FOR INFORMATION ON APPLICANT

Further to the Examiner's request, Applicant submits that it has no information about the term “JULIET” being used as a varietal or cultivar name for rose plants, either in the UPOV registry or as the subject of a US plant patent. The roses Applicant proposes to sell under the “JULIET” mark have been the subject of a plant patent (US Plant Patent No. PP17159), however, the varietal name under which they have been protected is “AUSJAMESON” not “JULIET”.

EVIDENCE
Evidence in the nature of Evidence in the nature of Exhibit 1: Copy of Plant Patent No. PP17159; Exhibits 2a to 2b: Copy of Applicant use of JULIET mark and the AUSJAMESON varietal name; and Exhibits 3a to 3c: Copies of Third Party uses of JULIET mark and the AUSJAMESON varietal name has been attached. has been attached.
Original PDF file:
evi_173196130138-20150416115339000576_._03716_Exhibit_1.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_173196130138-20150416115339000576_._03716_Exhibit_2a.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_173196130138-20150416115339000576_._03716_Exhibit_2b.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_173196130138-20150416115339000576_._03716_Exhibit_3a.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_173196130138-20150416115339000576_._03716_Exhibit_3b.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_173196130138-20150416115339000576_._03716_Exhibit_3c.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Live rose plants; and Cut flowers
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 10/01/2004 and first used in commerce at least as early as 10/01/2004 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Live rose plants; and Cut flowers; and cut rose flowersClass 031 for Live rose plants; and cut rose flowers
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 10/01/2004 and first used in commerce at least as early as 10/01/2004 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /John W. Peck/     Date: 04/16/2015
Signatory's Name: John W. Peck
Signatory's Position: Attorney of Record, California State Bar member

Signatory's Phone Number: 949.852.0000

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: 86478879
Internet Transmission Date: Thu Apr 16 13:10:56 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20150416131056
269741-86478879-5304283ce2bd71a67cdb8fc4
74538e5f8775cf46a57794cfafd536f6bf4a4698
c-N/A-N/A-20150416115339000576