To: | OMS Investments, Inc. (trademarks@scotts.com) |
Subject: | TRADEMARK APPLICATION NO. 86539291 - MIRACLE-GRO - MG12202131 |
Sent: | 09/13/18 01:13:34 PM |
Sent As: | ecomitu@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86539291
APPLICANT: OMS Investments, Inc.
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CORRESPONDENT’S ADDRESS: |
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MARK: MIRACLE-GRO
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CORRESPONDENT’S REFERENCE/DOCKET NO. MG12202131
CORRESPONDENT’S EMAIL ADDRESS: |
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ISSUE/MAILING DATE: 9/13/2018
U.S. Serial Number 86539291
The request to divide application serial no. 86539291 filed on August 16, 2018 has been processed as follows:
(1) Parent (original) application serial no. 86539291 contains the following goods in class:
20 (Non-metal rain barrels; plant stands).
To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period. 37 C.F.R. §§2.88(a), 2.89(a)-(b).
(2) Child application serial no. 86984135 contains the following goods in class:
21 (Raised garden beds, namely, raised containers for planting contained gardens).
A statement of use filed on August 16, 2018 meets the minimum filing requirements and has been placed in the child application. The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.
37 C.F.R. §2.87; see TMEP §§1110 et seq.
Please call the undersigned with any questions.
/Diane T. Jones/
Diane T. Jones
Paralegal Specialist
ITU/Divisional Unit
Phone number 571-272-9504
Fax number 571-273-9504
diane.jones@uspto.gov
NO RESPONSE TO THIS NOTICE IS REQUIRED.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/. Please keep a copy of the complete status screen. If TSDR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.