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 NUMBER |
86779265 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 119 |
| MARK SECTION |
| MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/86779265/large |
| LITERAL ELEMENT |
LIPMAN FAMILY FARMS |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the stylized words LIPMAN FAMILY FARMS appearing below the representation of a stalk and two leaves all appearing within a
circle. |
| ARGUMENT(S) |
| Please see the actual argument text attached within the Evidence section |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_172165115-20160201160626570665_._LIPMAN_FAMILY_FARMS_OAR_020116.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\867\792\86779265\xml6\ROA0002.JPG |
| ORIGINAL PDF FILE |
evi_172165115-20160201160626570665_._Affidavit_of_Toby_Purse.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\867\792\86779265\xml6\ROA0003.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\867\792\86779265\xml6\ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Text of Applicant's Argument and Response and Declaration of Toby Purse |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use FAMILY FARMS apart from the mark as shown. |
| MISCELLANEOUS STATEMENT |
the Examiner asks whether LIPMAN has ever been used as a varietal or cultivar name and whether any "plant patent, utility patent, or
certificate for plant variety protection exists under such name." Applicant submits that LIPMAN has not been used as a varietal or cultivar name, but only as a mark to identify Applicant's goods.
Responding further Applicant submits that no plant or utility patent or any certificate for plant variety protection exists under the LIPMAN name for these goods. Rather, as noted, LIPMAN serves as
the mark that identifies Applicant's goods to the consumer |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Mark A. Nieds/ |
| SIGNATORY'S NAME |
Mark A. Nieds |
| SIGNATORY'S POSITION |
Attorney of Record, Florida and Illinois Bar Member |
| DATE SIGNED |
02/01/2016 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Feb 01 16:11:27 EST 2016 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.X.XXX-20
160201161127688242-867792
65-55067a06f99e8846a41f2d
fd2828d376ff67f3c3f4f996a
f8bcfaae99366eb498-N/A-N/
A-20160201160626570665 |
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.
86779265 LIPMAN FAMILY FARMS (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86779265/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section
EVIDENCE
Evidence in the nature of Text of Applicant's Argument and Response and Declaration of Toby Purse has been attached.
Original PDF file:
evi_172165115-20160201160626570665_._LIPMAN_FAMILY_FARMS_OAR_020116.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_172165115-20160201160626570665_._Affidavit_of_Toby_Purse.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use FAMILY FARMS apart from the mark as shown.
Miscellaneous Statement
the Examiner asks whether LIPMAN has ever been used as a varietal or cultivar name and whether any "plant patent, utility patent, or certificate for plant variety protection exists under such name."
Applicant submits that LIPMAN has not been used as a varietal or cultivar name, but only as a mark to identify Applicant's goods. Responding further Applicant submits that no plant or utility patent
or any certificate for plant variety protection exists under the LIPMAN name for these goods. Rather, as noted, LIPMAN serves as the mark that identifies Applicant's goods to the consumer
SIGNATURE(S)
Response Signature
Signature: /Mark A. Nieds/ Date: 02/01/2016
Signatory's Name: Mark A. Nieds
Signatory's Position: Attorney of Record, Florida and Illinois Bar Member
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.
Serial Number: 86779265
Internet Transmission Date: Mon Feb 01 16:11:27 EST 2016
TEAS Stamp: USPTO/ROA-XXX.XX.X.XXX-20160201161127688
242-86779265-55067a06f99e8846a41f2dfd282
8d376ff67f3c3f4f996af8bcfaae99366eb498-N
/A-N/A-20160201160626570665
