Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86719500
LAW OFFICE ASSIGNEDLAW OFFICE 119
MARK SECTION
MARK FILE NAME http://tmng-al.uspto.gov/resting2/api/img/86719500/large
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
GOODS AND/OR SERVICES SECTION (007)(current)
INTERNATIONAL CLASS007
DESCRIPTION
Composters; Organic waste reduction machines; Wind turbines; Lawnmowers; Blenders; Trash compacting machines
FILING BASISSection 1(b)
FILING BASISSection 44(d)
        FOREIGN APPLICATION NUMBER 1739018
       FOREIGN APPLICATION COUNTRYCanada
        FOREIGN FILING DATE 07/27/2015
GOODS AND/OR SERVICES SECTION (007)(proposed)
INTERNATIONAL CLASS007
TRACKED TEXT DESCRIPTION
Composters; Machines, namely, composters; Organic waste reduction machines; Organic waste reduction machines in the nature of waste crushing machines, waste and trash separator machines, waste compacting machines, machines for sorting recyclable materials, machines for separating recyclable materials, Waste disposers [machines], Waste disposal machines, Machines for shredding agricultural waste, Machines for shredding horticultural waste, Waste / Trash compacting machine; Wind turbines; Lawnmowers; Blenders; Blenders, namely, electric food blenders; Trash compacting machines
FINAL DESCRIPTION
Machines, namely, composters; Organic waste reduction machines in the nature of waste crushing machines, waste and trash separator machines, waste compacting machines, machines for sorting recyclable materials, machines for separating recyclable materials, Waste disposers [machines], Waste disposal machines, Machines for shredding agricultural waste, Machines for shredding horticultural waste, Waste / Trash compacting machine; Wind turbines; Lawnmowers; Blenders, namely, electric food blenders; Trash compacting machines
FILING BASISSection 1(b)
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER1739018
       FOREIGN APPLICATION COUNTRYCanada
       FOREIGN FILING DATE07/27/2015
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (011)(current)
INTERNATIONAL CLASS011
DESCRIPTION
Toilets; Organic waste reduction machines; Solar panels; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life; Water powered generators; Humidity control devices for plants; Machines for growing plants, including: Horticultural machines, Agricultural machines, Lighting device, Humidity control devices, Irrigation devices, Measurement of PH, humidity, weigh, volume, light, temperature, devices, Temperature control device; Lighting devices for plants; Irrigation devices for plants; Water filtration/purification devices; Air filtration/purification devices; Feces processing/filtration devices
FILING BASISSection 1(b)
FILING BASISSection 44(d)
GOODS AND/OR SERVICES SECTION (011)(proposed)
INTERNATIONAL CLASS011
TRACKED TEXT DESCRIPTION
Toilets; Organic waste reduction machines; Organic waste reduction machines in the nature of apparatus for dehydrating food waste; Solar panels; Solar panels, namely, solar heat collection panels, solar panels for heat generation; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life, namely, hydroponics grow box in the nature of a closed environment equipped with lights, exhaust system, hydroponics growing container and odor control system, Aquaponic growing devices for fish, Aquaponic growing devices for plants, Aquaponic growing devices for bacterial cultures, Aquaponic growing devices for aquatic life, Devices containing water, which cultivate aquatic, animal, vegetal or bacterial life, Devices containing water, which cultivate aquatic life, Devices containing water, which cultivate fish, Devices containing water, which cultivate plants, Devices containing water, which cultivate bacterial cultures, Devices containing water, which cultivate aquatic life; Water powered generators; Humidity control devices for plants; Humidity control devices for plants, namely, humidifiers for plants, dehumidifiers for plants, electronic generator for use in controlling the amount of humidity in the air by creating, removing or circulating small water particles or water vapor in the air; Machines for growing plants, including: Horticultural machines, Agricultural machines, Lighting device, Humidity control devices, Irrigation devices, Measurement of PH, humidity, weigh, volume, light, temperature, devices, Temperature control device; Machines for growing plants, namely, Horticultural machines for regulating the growth of horticultural products, namely lighting control apparatus, nutrient delivery apparatus, irrigation apparatus, waste management apparatus, water purifying apparatus and machines; Lighting devices for plants; Machines for growing plants, namely, Horticultural machines namely miniature greenhouses, heat mats for growing plants, seed planting machine; Irrigation devices for plants; Lights for use in growing plants; Water filtration/purification devices; Humidity control devices in the nature of electric cabinets used to control temperature and humidity for heating and proofing plants; Air filtration/purification devices; Temperature control devices, namely Thermostats, Heating apparatus, Cooling appliances and installations, temperature control valve (parts of machines), Instruments for temperature control in central heating installations (thermostatic valves), Temperature control apparatus (valves) for central heating radiators, Temperature control apparatus (electric switches), Temperature control apparatus (thermostats), Temperature gauges, Temperature sensors, electric chips or sensors; Feces processing/filtration devices; Lights for use in growing plants; Irrigation devices in the nature of Agricultural irrigation units, Horticultural irrigation units; Water filtration/purification units; Air filtration/purification units; Feces processing/filtration units
FINAL DESCRIPTION
Toilets; Organic waste reduction machines in the nature of apparatus for dehydrating food waste; Solar panels, namely, solar heat collection panels, solar panels for heat generation; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life, namely, hydroponics grow box in the nature of a closed environment equipped with lights, exhaust system, hydroponics growing container and odor control system, Aquaponic growing devices for fish, Aquaponic growing devices for plants, Aquaponic growing devices for bacterial cultures, Aquaponic growing devices for aquatic life, Devices containing water, which cultivate aquatic, animal, vegetal or bacterial life, Devices containing water, which cultivate aquatic life, Devices containing water, which cultivate fish, Devices containing water, which cultivate plants, Devices containing water, which cultivate bacterial cultures, Devices containing water, which cultivate aquatic life; Water powered generators; Humidity control devices for plants, namely, humidifiers for plants, dehumidifiers for plants, electronic generator for use in controlling the amount of humidity in the air by creating, removing or circulating small water particles or water vapor in the air; Machines for growing plants, namely, Horticultural machines for regulating the growth of horticultural products, namely lighting control apparatus, nutrient delivery apparatus, irrigation apparatus, waste management apparatus, water purifying apparatus and machines; Machines for growing plants, namely, Horticultural machines namely miniature greenhouses, heat mats for growing plants, seed planting machine;Lights for use in growing plants; Humidity control devices in the nature of electric cabinets used to control temperature and humidity for heating and proofing plants; Temperature control devices, namely Thermostats, Heating apparatus, Cooling appliances and installations, temperature control valve (parts of machines), Instruments for temperature control in central heating installations (thermostatic valves), Temperature control apparatus (valves) for central heating radiators, Temperature control apparatus (electric switches), Temperature control apparatus (thermostats), Temperature gauges, Temperature sensors, electric chips or sensors; Lights for use in growing plants; Irrigation devices in the nature of Agricultural irrigation units, Horticultural irrigation units; Water filtration/purification units; Air filtration/purification units; Feces processing/filtration units
FILING BASISSection 1(b)
FILING BASISSection 44(d)
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (021)(current)
INTERNATIONAL CLASS021
DESCRIPTION
Aquaponic growing devices for aquatic, vegetal, bacterial or animal life; Pots for plants; Waste containers; Watering Cans
FILING BASISSection 1(b)
FILING BASISSection 44(d)
GOODS AND/OR SERVICES SECTION (021)(proposed)
INTERNATIONAL CLASS021
TRACKED TEXT DESCRIPTION
Aquaponic growing devices for aquatic, vegetal, bacterial or animal life; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life, namely, hydroponic garden kit for home use comprising growing containers and also including hydroponic fertilizers, seeds, substrate, drain components, a book and starting class of DVD and CD instructional materials; Pots for plants; Waste containers; Waste containers, namely waste bins for household use; Watering Cans
FINAL DESCRIPTION
Aquaponic growing devices for aquatic, vegetal, bacterial or animal life, namely, hydroponic garden kit for home use comprising growing containers and also including hydroponic fertilizers, seeds, substrate, drain components, a book and starting class of DVD and CD instructional materials; Pots for plants; Waste containers, namely waste bins for household use; Watering Cans
FILING BASISSection 1(b)
FILING BASISSection 44(d)
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (009)(class added)
INTERNATIONAL CLASS009
DESCRIPTION
Apparatus for measurement of PH, humidity, weight, volume, light, and temperature
FILING BASISSection 1(b)
FILING BASISSection 44(d)
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
PAYMENT SECTION
NUMBER OF CLASSES1
APPLICATION FOR REGISTRATION PER CLASS275
TOTAL FEES DUE275
SIGNATURE SECTION
DECLARATION SIGNATURE /ghf/
SIGNATORY'S NAME Gary H. Fechter, Esq.
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 2126096800
DATE SIGNED 05/13/2016
RESPONSE SIGNATURE /ghf/
SIGNATORY'S NAME Gary Fechter
SIGNATORY'S POSITION Attorney
DATE SIGNED 05/13/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri May 13 14:12:51 EDT 2016
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-201
60513141251328624-8671950
0-5501c4d8ac9903acf1c6d8a
08ac9b2fcb38b42d5a08ea227
96603b9eab64c5356-DA-426-
20160513140333763841



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86719500  (Stylized and/or with Design, see http://tmng-al.uspto.gov/resting2/api/img/86719500/large) 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 007 for Composters; Organic waste reduction machines; Wind turbines; Lawnmowers; Blenders; Trash compacting machines
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1739018 filed 07/27/2015]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Composters; Machines, namely, composters; Organic waste reduction machines; Organic waste reduction machines in the nature of waste crushing machines, waste and trash separator machines, waste compacting machines, machines for sorting recyclable materials, machines for separating recyclable materials, Waste disposers [machines], Waste disposal machines, Machines for shredding agricultural waste, Machines for shredding horticultural waste, Waste / Trash compacting machine; Wind turbines; Lawnmowers; Blenders; Blenders, namely, electric food blenders; Trash compacting machines

Class 007 for Machines, namely, composters; Organic waste reduction machines in the nature of waste crushing machines, waste and trash separator machines, waste compacting machines, machines for sorting recyclable materials, machines for separating recyclable materials, Waste disposers [machines], Waste disposal machines, Machines for shredding agricultural waste, Machines for shredding horticultural waste, Waste / Trash compacting machine; Wind turbines; Lawnmowers; Blenders, namely, electric food blenders; Trash compacting machines
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1739018 filed 07/27/2015]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Toilets; Organic waste reduction machines; Solar panels; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life; Water powered generators; Humidity control devices for plants; Machines for growing plants, including: Horticultural machines, Agricultural machines, Lighting device, Humidity control devices, Irrigation devices, Measurement of PH, humidity, weigh, volume, light, temperature, devices, Temperature control device; Lighting devices for plants; Irrigation devices for plants; Water filtration/purification devices; Air filtration/purification devices; Feces processing/filtration devices
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.

Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Toilets; Organic waste reduction machines; Organic waste reduction machines in the nature of apparatus for dehydrating food waste; Solar panels; Solar panels, namely, solar heat collection panels, solar panels for heat generation; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life, namely, hydroponics grow box in the nature of a closed environment equipped with lights, exhaust system, hydroponics growing container and odor control system, Aquaponic growing devices for fish, Aquaponic growing devices for plants, Aquaponic growing devices for bacterial cultures, Aquaponic growing devices for aquatic life, Devices containing water, which cultivate aquatic, animal, vegetal or bacterial life, Devices containing water, which cultivate aquatic life, Devices containing water, which cultivate fish, Devices containing water, which cultivate plants, Devices containing water, which cultivate bacterial cultures, Devices containing water, which cultivate aquatic life; Water powered generators; Humidity control devices for plants; Humidity control devices for plants, namely, humidifiers for plants, dehumidifiers for plants, electronic generator for use in controlling the amount of humidity in the air by creating, removing or circulating small water particles or water vapor in the air; Machines for growing plants, including: Horticultural machines, Agricultural machines, Lighting device, Humidity control devices, Irrigation devices, Measurement of PH, humidity, weigh, volume, light, temperature, devices, Temperature control device; Machines for growing plants, namely, Horticultural machines for regulating the growth of horticultural products, namely lighting control apparatus, nutrient delivery apparatus, irrigation apparatus, waste management apparatus, water purifying apparatus and machines; Lighting devices for plants; Machines for growing plants, namely, Horticultural machines namely miniature greenhouses, heat mats for growing plants, seed planting machine; Irrigation devices for plants; Lights for use in growing plants; Water filtration/purification devices; Humidity control devices in the nature of electric cabinets used to control temperature and humidity for heating and proofing plants; Air filtration/purification devices; Temperature control devices, namely Thermostats, Heating apparatus, Cooling appliances and installations, temperature control valve (parts of machines), Instruments for temperature control in central heating installations (thermostatic valves), Temperature control apparatus (valves) for central heating radiators, Temperature control apparatus (electric switches), Temperature control apparatus (thermostats), Temperature gauges, Temperature sensors, electric chips or sensors; Feces processing/filtration devices; Lights for use in growing plants; Irrigation devices in the nature of Agricultural irrigation units, Horticultural irrigation units; Water filtration/purification units; Air filtration/purification units; Feces processing/filtration units

Class 011 for Toilets; Organic waste reduction machines in the nature of apparatus for dehydrating food waste; Solar panels, namely, solar heat collection panels, solar panels for heat generation; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life, namely, hydroponics grow box in the nature of a closed environment equipped with lights, exhaust system, hydroponics growing container and odor control system, Aquaponic growing devices for fish, Aquaponic growing devices for plants, Aquaponic growing devices for bacterial cultures, Aquaponic growing devices for aquatic life, Devices containing water, which cultivate aquatic, animal, vegetal or bacterial life, Devices containing water, which cultivate aquatic life, Devices containing water, which cultivate fish, Devices containing water, which cultivate plants, Devices containing water, which cultivate bacterial cultures, Devices containing water, which cultivate aquatic life; Water powered generators; Humidity control devices for plants, namely, humidifiers for plants, dehumidifiers for plants, electronic generator for use in controlling the amount of humidity in the air by creating, removing or circulating small water particles or water vapor in the air; Machines for growing plants, namely, Horticultural machines for regulating the growth of horticultural products, namely lighting control apparatus, nutrient delivery apparatus, irrigation apparatus, waste management apparatus, water purifying apparatus and machines; Machines for growing plants, namely, Horticultural machines namely miniature greenhouses, heat mats for growing plants, seed planting machine;Lights for use in growing plants; Humidity control devices in the nature of electric cabinets used to control temperature and humidity for heating and proofing plants; Temperature control devices, namely Thermostats, Heating apparatus, Cooling appliances and installations, temperature control valve (parts of machines), Instruments for temperature control in central heating installations (thermostatic valves), Temperature control apparatus (valves) for central heating radiators, Temperature control apparatus (electric switches), Temperature control apparatus (thermostats), Temperature gauges, Temperature sensors, electric chips or sensors; Lights for use in growing plants; Irrigation devices in the nature of Agricultural irrigation units, Horticultural irrigation units; Water filtration/purification units; Air filtration/purification units; Feces processing/filtration units
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Aquaponic growing devices for aquatic, vegetal, bacterial or animal life; Pots for plants; Waste containers; Watering Cans
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.

Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Aquaponic growing devices for aquatic, vegetal, bacterial or animal life; Aquaponic growing devices for aquatic, vegetal, bacterial or animal life, namely, hydroponic garden kit for home use comprising growing containers and also including hydroponic fertilizers, seeds, substrate, drain components, a book and starting class of DVD and CD instructional materials; Pots for plants; Waste containers; Waste containers, namely waste bins for household use; Watering Cans

Class 021 for Aquaponic growing devices for aquatic, vegetal, bacterial or animal life, namely, hydroponic garden kit for home use comprising growing containers and also including hydroponic fertilizers, seeds, substrate, drain components, a book and starting class of DVD and CD instructional materials; Pots for plants; Waste containers, namely waste bins for household use; Watering Cans
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for Apparatus for measurement of PH, humidity, weight, volume, light, and temperature
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /ghf/      Date: 05/13/2016
Signatory's Name: Gary H. Fechter, Esq.
Signatory's Position: Attorney of Record
Signatory's Phone Number: 2126096800


Response Signature
Signature: /ghf/     Date: 05/13/2016
Signatory's Name: Gary Fechter
Signatory's Position: Attorney

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86719500
RAM Accounting Date: 05/16/2016
        
Serial Number: 86719500
Internet Transmission Date: Fri May 13 14:12:51 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201605131412513286
24-86719500-5501c4d8ac9903acf1c6d8a08ac9
b2fcb38b42d5a08ea22796603b9eab64c5356-DA
-426-20160513140333763841