Response to Office Action

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)

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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. 87033549 CAYENNE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87033549/large) has been amended as follows:

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

REFUSAL – APPLIED-FOR MARK IS A VARIETAL NAME

The applied-for mark, CAYENNE, was refused for allegedly being a varietal name for the identified goods.  The Applicant respectfully traverses the grounds for the refusal as no evidence was offered by the Examining Attorney that the applied-for mark has ever been used as a varietal name for ornamental grass.  To the Applicant’s knowledge and belief, CAYENNE has never been used, nor will it be used, as a varietal or cultivar name for ornamental grass.  Further, to the Applicant’s knowledge and belief, CAYENNE has never been used, nor will it be used, in connection with a plant patent, utility patent, or certificate for plant-variety protection.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Live plants; Live plants, namely, ornamental grass
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: Live plants; Live plants, namely, ornamental grassClass 031 for Live plants, namely, ornamental grass
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MATTHEW T. HOOTS
SMITH TEMPEL BLAHA LLC
TWO RAVINIA DRIVE
SUITE 700
ATLANTA
Georgia
US
30346

Proposed:
MATTHEW T. HOOTS of SMITH TEMPEL BLAHA LLC, having an address of
SUITE 700 TWO RAVINIA DRIVE ATLANTA, Georgia 30346
United States
mhoots@srtslaw.com;tm@srtslaw.com; athrec@srtslaw.com
706-621-5777
The docket/reference number is 21013.8140 .



SIGNATURE(S)
Response Signature
Signature: /Matthew T. Hoots/     Date: 10/27/2016
Signatory's Name: Matthew T. Hoots
Signatory's Position: Attorney of record, Georgia bar member

Signatory's Phone Number: 706-621-5777

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.

Mailing Address:    MATTHEW T. HOOTS
   SMITH TEMPEL BLAHA LLC
   SUITE 700
   TWO RAVINIA DRIVE
   ATLANTA, Georgia 30346
        
Serial Number: 87033549
Internet Transmission Date: Thu Oct 27 12:38:23 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20161027123823697
281-87033549-570527566a9cf1148c2e4e128ac
9397c17e94cfcad03da588b39173258833413c37
-N/A-N/A-20161027123421334124