PTO Form 1957 (Rev 9/2005) |
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 |
86539291 |
LAW OFFICE ASSIGNED |
LAW OFFICE 103 |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/86539291/large |
LITERAL ELEMENT |
MIRACLE-GRO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (012)(no change) |
GOODS AND/OR SERVICES SECTION (020)(no change) |
GOODS AND/OR SERVICES SECTION (021)(current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Raised garden beds, namely, raised containers for planting contained gardens; compost bins |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Raised garden beds, namely, raised containers for planting contained gardens; compost bins; compost bins for household use |
FINAL DESCRIPTION |
Raised garden beds, namely, raised containers for planting contained gardens; compost bins for household use |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (031)(current) |
INTERNATIONAL CLASS |
031 |
DESCRIPTION |
Bulbs |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (031)(proposed) |
INTERNATIONAL CLASS |
031 |
TRACKED TEXT DESCRIPTION |
Bulbs; Flower bulbs; bulbs
for horticultural purposes |
FINAL DESCRIPTION |
Flower bulbs; bulbs for horticultural purposes |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Karen Hammond/ |
SIGNATORY'S NAME |
Karen Hammond |
SIGNATORY'S POSITION |
In-house counsel for applicant |
SIGNATORY'S PHONE NUMBER |
9375781347 |
DATE SIGNED |
10/12/2015 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Oct 12 16:31:08 EDT 2015 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0151012163108230275-86539
291-540f0bbcb63aaeccd5f54
2e7f766e6c2236e10b6ae9f43
8ee9d2d42dcdfd791-N/A-N/A
-20151012162632445248 |
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.
86539291 MIRACLE-GRO (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86539291/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 021 for Raised garden beds, namely, raised containers for planting contained gardens; compost bins
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: Raised garden beds, namely, raised containers for planting contained gardens;
compost bins;
compost bins for household useClass 021 for Raised garden beds, namely, raised containers for planting contained gardens; compost bins for household use
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Bulbs
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: Bulbs;
Flower bulbs;
bulbs for horticultural
purposesClass 031 for Flower bulbs; bulbs for horticultural purposes
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.
SIGNATURE(S)
Response Signature
Signature: /Karen Hammond/ Date: 10/12/2015
Signatory's Name: Karen Hammond
Signatory's Position: In-house counsel for applicant
Signatory's Phone Number: 9375781347
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: 86539291
Internet Transmission Date: Mon Oct 12 16:31:08 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2015101216310823
0275-86539291-540f0bbcb63aaeccd5f542e7f7
66e6c2236e10b6ae9f438ee9d2d42dcdfd791-N/
A-N/A-20151012162632445248