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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87513328 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION |
MARK |
http://uspto.report/TM/87513328/mark.png |
LITERAL ELEMENT |
ZOA |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Applicant has amended the identification of goods consistent with the examiner’s recommendations. Applicant also has responded fully to the examiner’s request for information
as confirmed by email on May 14, 2018. Applicant respectfully submits that the application should proceed to publication in due course.
Request for Information
The examiner has requested additional information on the following subjects:
Applicant, Modern Meadow, is growing in a laboratory a leather substitute material that is not leather but is very much like leather in its appearance and its physical
properties. The material, called “bioleather” or “biofabricated material,” can be used to make all kinds of typical leather goods, but these goods will be made with bioleather which is a
biofabricated material grown in a laboratory from collagen, which is used either by itself or combined with other materials to make all types of products that typically might be made with leather,
but instead will be made with bioleather or biofabricated material. Applicant’s bioleather or biofabricated material is a new leather-like material that is designed to be a sustainable
alternative to animal leather because livestock are not used to create bioleather. Rather bioleather is bioengineered and grown using collagen which is the fundamental material that composes
leather.
Three articles about Modern Meadow and the biofabricated leather-like material it is growing in a laboratory can be found in Fast Company, CNBC and the Atlantic at the URLs below and
attached (as MM_Articles):
Fast Company: http://www.fastcompany.com/40475098/how-modern-meadow-is-fabricating-the-animal-free-leather-of-the-future
CNBC: http://www.cnbc.com/2018/03/09/modern-meadow-and-evonik-are-brewing-leather-in-a-lab.html
The Atlantic: http://www.theatlantic.com/science/archive/2017/09/modern-meadow-lab-grown-leather/540285/
This bioleather or biofabricated material is intended to be used, either by itself or as a composite with other materials, to manufacture and/or as a component of all of the goods
identified in Applicant’s application.
Applicant is enclosing with this response a FAQ entitled FAQ ZoaTM Bioleather Materials, which provides additional information about the biofabricated materials
being grown by Applicant.
Products made from ZOA brand biofabricated materials are under development and have not yet reached commercial production. We are submitting with this response, a PowerPoint
presentation which includes photographs showing the bioleather or biofabricated material – i.e., the leather substitute – which is being and will be used to make products made from this
material. All seven slides show materials made with this bioleather or biofabricated material. Some of the slides – for example the round depictions – simply show the bioleather or
biofabricated material at various levels of magnification. Other of the slides show bioleather or biofabricated material incorporated into or on to fabrics. All of the materials may be
useful in various products, such as apparel, footwear, furniture, watch straps, handbags, and virtually any other product that historically has been made of leather, but now will be made using
bioleather.
Applicant is not aware of other companies that are providing the same goods other than to say that companies that provide leather goods are providing the same type of goods that
applicant will be providing, just that applicant’s goods will be made with bioleather material which is biofabricated material made of collagen.
At least two other companies are bio-engineering a leather-like substance in different ways. Ecovative uses mycelium from mushrooms to biofabricate a leather-like substitute
material. Ecovative’s web site can be found at: http://ecovativedesign.com/
Bolt Threads also uses mycelium to biofabricate a leather-like substitute material. Bolt Threads’ web site can be found at: http://boltthreads.com/
A company called Geltor, supposedly has bioengineered a book cover using jellyfish gelatin.
In addition to these companies, a company called Amsilk uses spider silk to generate silk proteins which it then spins into fibers. Amsilk’s web site can be found at the
URL: http://www.amsilk.com/home/
Bioleather can and will be used to make all kinds of products including all of the products identified in applicant’s application, and will be sold at the wholesale level to
manufacturers and product designers for use in the manufacture of various types of consumer products, and at the retail level to consumers purchasing consumer goods made from bioleather. Again,
those goods will be all of the goods identified in Applicant’s application. Because bioleather is a leather substitute material, it can be used to make any product that historically has been
made from animal leather.
Applicant respectfully submits that the application should proceed to publication in due course.
|
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_1622502422-20180514141028008138_._FAQ_ZOA_Bioleather.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0002.JPG |
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ORIGINAL PDF FILE |
evi_1622502422-20180514141028008138_._ZOA_Bioleather_Materials.pdf |
CONVERTED PDF FILE(S)
(7 pages) |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0010.JPG |
ORIGINAL PDF FILE |
evi_1622502422-20180514141028008138_._MM_Articles___.pdf |
CONVERTED PDF FILE(S)
(28 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0011.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0012.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0014.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0015.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0017.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0019.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0020.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0021.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0022.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0023.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0024.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0025.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0026.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0027.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0028.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0029.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0030.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0031.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0032.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0033.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0034.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0035.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0036.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0037.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0038.JPG |
DESCRIPTION OF EVIDENCE FILE |
FAQ's about Zoa Bioleather; Pictures of Zoa Biolether Materials; MM Articles describing the goods. |
GOODS AND/OR SERVICES SECTION (001)(no change) |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Bioleather tech accessories, namely, phone cases, mobile phone cases, tablet and computer cases |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Bioleather tech accessories, namely, phone cases, mobile phone cases, tablet and computer cases; bags, namely, computer bags, bioleather computer bags |
FINAL DESCRIPTION |
Bioleather tech accessories, namely, phone cases, mobile phone cases, tablet and computer cases; bags, namely, computer bags,
bioleather computer bags |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (012)(current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Coverings for vehicle seats and vehicle components, namely, fitted vehicle seat covers; vehicle seats; structural parts of automobiles,
namely, automobile seats; coverings for automobile seats and automobile components, namely, fitted automotive seat covers; vehicle linings and coverings, namely, fitted covers for vehicles, fitted
covers for vehicle steering wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers; bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted
covers for vehicle steering wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers; linings and bioleather linings for automobiles, namely, fitted vehicle covers for
automobiles, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers, steering wheel covers for automobiles |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (012)(proposed) |
INTERNATIONAL CLASS |
012 |
TRACKED TEXT DESCRIPTION |
Coverings for vehicle seats and vehicle components, namely, fitted vehicle seat covers; vehicle seats; structural parts of automobiles, namely, automobile seats; structural parts of automobiles,
namely, automobile seats, vehicle dashboards; coverings for automobile seats and automobile components, namely, fitted automotive seat covers; vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift
covers; vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles,
gear shift covers; bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard
covers for vehicles, vehicle dashboards, gear shift covers; bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for
vehicle steering wheels, fitted dashboard covers for vehicles, gear shift covers; linings and bioleather linings for automobiles, namely, fitted vehicle covers
for automobiles, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers, steering wheel covers for automobiles; linings and bioleather
linings for automobiles, namely, fitted vehicle covers for automobiles, fitted dashboard covers for vehicles, gear shift covers, steering wheel covers for automobiles |
FINAL DESCRIPTION |
Coverings for vehicle seats and vehicle components, namely, fitted vehicle seat covers; vehicle seats; structural parts of automobiles,
namely, automobile seats, vehicle dashboards; coverings for automobile seats and automobile components, namely, fitted automotive seat covers; vehicle linings and coverings, namely, fitted covers for
vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, gear shift covers; bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted
covers for vehicle steering wheels, fitted dashboard covers for vehicles, gear shift covers; linings and bioleather linings for automobiles, namely, fitted vehicle covers for automobiles, fitted
dashboard covers for vehicles, gear shift covers, steering wheel covers for automobiles |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (014)(no change) |
GOODS AND/OR SERVICES SECTION (018)(current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
Biofabricated leather; biofabricated leather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change
purses, duffel bags, luggage; bioleather being collagen-based leather alternative; bioleather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel
bags, luggage; bioleather handbags; handbags, purses and wallets; bioleather handbag, purses and wallets; backpacks, book bags, sports bags, bum bags; bioleather backpacks, book bags, sports bags,
bum bags; suitcases; bioleather suitcases; bags; weekend bags; bioleather bags and weekend bags; bioleather fibers in the nature of a leather alternative for further manufacture; bioleather
materials, namely, a leather alternative |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
Biofabricated leather; biofabricated leather goods, namely, all-purpose carrying bags,
athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage; bioleather being collagen-based leather alternative; bioleather
goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage; bioleather handbags; handbags, purses and wallets; bioleather handbag, purses and wallets; backpacks, book bags, sports bags, bum bags; bioleather backpacks, book bags, sports bags, bum bags; suitcases; bioleather suitcases; bags; bags, namely, fashion handbags, beach bags, carry-on bags, gym bags, messenger bags, purses; weekend bags;
bioleather bags and weekend bags; bioleather bags, namely, fashion handbags, beach bags, carry-on bags, gym bags, messenger
bags, purses, weekend bags; bioleather fibers in the nature of a leather alternative for further manufacture; bioleather materials, namely, a
leather alternative |
FINAL DESCRIPTION |
Biofabricated leather; biofabricated leather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change
purses, duffel bags, luggage; bioleather being collagen-based leather alternative; bioleather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel
bags, luggage; bioleather handbags; handbags, purses and wallets; bioleather handbag, purses and wallets; backpacks, book bags, sports bags, bum bags; bioleather backpacks, book bags, sports bags,
bum bags; suitcases; bioleather suitcases; bags, namely, fashion handbags, beach bags, carry-on bags, gym bags, messenger bags, purses; weekend bags; bioleather bags, namely, fashion handbags, beach
bags, carry-on bags, gym bags, messenger bags, purses, weekend bags; bioleather fibers in the nature of a leather alternative for further manufacture; bioleather materials, namely, a leather
alternative |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(no change) |
GOODS AND/OR SERVICES SECTION (022)(current) |
INTERNATIONAL CLASS |
022 |
DESCRIPTION |
Fibers, namely, textile fibers, synthetic fibers, semi-synthetic fibers; biofabricated fibers in the nature of bioleather textile
fibers; bioleather fibers; textile fibers; bioleather stuffing fibers; bioleather fibers for textile use; bioleather fibers for nontextile use; bioleather fibers for use in the manufacture of
fabrics, textiles, yarns, carpets, clothing and apparel; ropes and strings; bioleather ropes and strings; tents; bioleather tents; tarpaulins; bioleather tarpaulins; bioleather materials; sails;
bioleather sails; sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; bioleather sacks, namely, bivouac sacks, sacks for the transportation or storage of
materials in bulk; padding, cushioning and stuffing materials, not of rubber, plastics or paper; bioleather padding, cushioning and stuffing materials, not of rubber, plastics or paper |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (022)(proposed) |
INTERNATIONAL CLASS |
022 |
TRACKED TEXT DESCRIPTION |
Fibers, namely, textile fibers, synthetic fibers, semi-synthetic fibers; biofabricated
fibers in the nature of bioleather textile fibers; bioleather fibers; bioleather fibers for textile use, namely,
collagen-based fibers and collagen-coated textile fibers; textile fibers; bioleather stuffing fibers; bioleather textile fibers, namely, collagen-based fibers and collagen-coated textile fibers; bioleather fibers for textile use;
ropes and strings; bioleather fibers for nontextile use; bioleather ropes and strings; bioleather fibers for use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel; tents; bioleather
tents; tarpaulins; bioleather tarpaulins; sails; bioleather sails; sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; bioleather materials; bioleather
sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; padding, cushioning and stuffing materials, not of rubber, plastics or
paper; bioleather padding, cushioning and stuffing materials, not of rubber, plastics or paper |
FINAL DESCRIPTION |
Fibers, namely, textile fibers, synthetic fibers, semi-synthetic fibers; biofabricated fibers in the nature of bioleather textile
fibers; bioleather fibers for textile use, namely, collagen-based fibers and collagen-coated textile fibers; textile fibers; bioleather textile fibers, namely, collagen-based fibers and
collagen-coated textile fibers; ropes and strings; bioleather ropes and strings; tents; bioleather tents; tarpaulins; bioleather tarpaulins; sails; bioleather sails; sacks, namely, bivouac sacks,
sacks for the transportation or storage of materials in bulk; bioleather sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; padding, cushioning and stuffing
materials, not of rubber, plastics or paper; bioleather padding, cushioning and stuffing materials, not of rubber, plastics or paper |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (023)(current) |
INTERNATIONAL CLASS |
023 |
DESCRIPTION |
Yarns; bioleather yarns; bioleather threads; bioleather threads and yarns; bioleather yarns for textile use; bioleather yarns for
non-textile use; bioleather yarns for use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (023)(proposed) |
INTERNATIONAL CLASS |
023 |
TRACKED TEXT DESCRIPTION |
Yarns; bioleather yarns; bioleather threads;
bioleather yarns for textile use; bioleather threads and yarns; bioleather threads, namely,
collagen-based threads and collagen-coated threads for textile use; bioleather yarns for non-textile use; bioleather
yarns for use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel |
FINAL DESCRIPTION |
Yarns; bioleather yarns; bioleather yarns for textile use; bioleather threads, namely, collagen-based threads and collagen-coated
threads for textile use |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (024)(no change) |
GOODS AND/OR SERVICES SECTION (025)(no change) |
GOODS AND/OR SERVICES SECTION (026)(no change) |
GOODS AND/OR SERVICES SECTION (027)(no change) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Attached is the information requested by the Examiner in pdf format. |
MISCELLANEOUS FILE NAME(S) |
ORIGINAL PDF FILE |
mis-1622502422-20180514141028008138_._Request_for_Information_by_the_Examiner.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0039.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0040.JPG |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Brian B. Darville/ |
SIGNATORY'S NAME |
Brian B. Darville |
SIGNATORY'S POSITION |
Attorney of record, Virginia Bar member |
SIGNATORY'S PHONE NUMBER |
703-413-3000 |
DATE SIGNED |
05/30/2018 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed May 30 08:39:13 EDT 2018 |
TEAS STAMP |
USPTO/RFR-XXX.XXX.XXX.X-2
0180530083913676731-87513
328-6103683edccb45b7eccb0
4ad8aeacaad97296c0cc3eefa
264deed1d485133314850-N/A
-N/A-20180530081313179379 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
87513328 ZOA(Standard Characters, see http://uspto.report/TM/87513328/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant has amended the identification of goods consistent with the examiner’s recommendations. Applicant also has responded fully to the examiner’s request for information
as confirmed by email on May 14, 2018. Applicant respectfully submits that the application should proceed to publication in due course.
Request for Information
The examiner has requested additional information on the following subjects:
Applicant, Modern Meadow, is growing in a laboratory a leather substitute material that is not leather but is very much like leather in its appearance and its physical
properties. The material, called “bioleather” or “biofabricated material,” can be used to make all kinds of typical leather goods, but these goods will be made with bioleather which is a
biofabricated material grown in a laboratory from collagen, which is used either by itself or combined with other materials to make all types of products that typically might be made with leather,
but instead will be made with bioleather or biofabricated material. Applicant’s bioleather or biofabricated material is a new leather-like material that is designed to be a sustainable
alternative to animal leather because livestock are not used to create bioleather. Rather bioleather is bioengineered and grown using collagen which is the fundamental material that composes
leather.
Three articles about Modern Meadow and the biofabricated leather-like material it is growing in a laboratory can be found in Fast Company, CNBC and the Atlantic at the URLs below and
attached (as MM_Articles):
Fast Company: http://www.fastcompany.com/40475098/how-modern-meadow-is-fabricating-the-animal-free-leather-of-the-future
CNBC: http://www.cnbc.com/2018/03/09/modern-meadow-and-evonik-are-brewing-leather-in-a-lab.html
The Atlantic: http://www.theatlantic.com/science/archive/2017/09/modern-meadow-lab-grown-leather/540285/
This bioleather or biofabricated material is intended to be used, either by itself or as a composite with other materials, to manufacture and/or as a component of all of the goods
identified in Applicant’s application.
Applicant is enclosing with this response a FAQ entitled FAQ ZoaTM Bioleather Materials, which provides additional information about the biofabricated materials
being grown by Applicant.
Products made from ZOA brand biofabricated materials are under development and have not yet reached commercial production. We are submitting with this response, a PowerPoint
presentation which includes photographs showing the bioleather or biofabricated material – i.e., the leather substitute – which is being and will be used to make products made from this
material. All seven slides show materials made with this bioleather or biofabricated material. Some of the slides – for example the round depictions – simply show the bioleather or
biofabricated material at various levels of magnification. Other of the slides show bioleather or biofabricated material incorporated into or on to fabrics. All of the materials may be
useful in various products, such as apparel, footwear, furniture, watch straps, handbags, and virtually any other product that historically has been made of leather, but now will be made using
bioleather.
Applicant is not aware of other companies that are providing the same goods other than to say that companies that provide leather goods are providing the same type of goods that
applicant will be providing, just that applicant’s goods will be made with bioleather material which is biofabricated material made of collagen.
At least two other companies are bio-engineering a leather-like substance in different ways. Ecovative uses mycelium from mushrooms to biofabricate a leather-like substitute
material. Ecovative’s web site can be found at: http://ecovativedesign.com/
Bolt Threads also uses mycelium to biofabricate a leather-like substitute material. Bolt Threads’ web site can be found at: http://boltthreads.com/
A company called Geltor, supposedly has bioengineered a book cover using jellyfish gelatin.
In addition to these companies, a company called Amsilk uses spider silk to generate silk proteins which it then spins into fibers. Amsilk’s web site can be found at the
URL: http://www.amsilk.com/home/
Bioleather can and will be used to make all kinds of products including all of the products identified in applicant’s application, and will be sold at the wholesale level to
manufacturers and product designers for use in the manufacture of various types of consumer products, and at the retail level to consumers purchasing consumer goods made from bioleather. Again,
those goods will be all of the goods identified in Applicant’s application. Because bioleather is a leather substitute material, it can be used to make any product that historically has been
made from animal leather.
Applicant respectfully submits that the application should proceed to publication in due course.
EVIDENCE
Evidence in the nature of FAQ's about Zoa Bioleather; Pictures of Zoa Biolether Materials; MM Articles describing the goods. has been attached.
Original PDF file:
evi_1622502422-20180514141028008138_._FAQ_ZOA_Bioleather.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1622502422-20180514141028008138_._ZOA_Bioleather_Materials.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_1622502422-20180514141028008138_._MM_Articles___.pdf
Converted PDF file(s) ( 28 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Bioleather tech accessories, namely, phone cases, mobile phone cases, tablet and computer cases
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: Bioleather tech accessories, namely, phone cases, mobile phone cases, tablet and computer cases;
bags,
namely, computer bags, bioleather computer bagsClass 009 for Bioleather tech accessories, namely, phone cases, mobile phone cases, tablet and computer cases; bags, namely, computer bags,
bioleather computer bags
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 012 for Coverings for vehicle seats and vehicle components, namely, fitted vehicle seat covers; vehicle seats; structural parts of automobiles, namely, automobile seats;
coverings for automobile seats and automobile components, namely, fitted automotive seat covers; vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering
wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers; bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering
wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers; linings and bioleather linings for automobiles, namely, fitted vehicle covers for automobiles, fitted dashboard
covers for vehicles, vehicle dashboards, gear shift covers, steering wheel covers for automobiles
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: Coverings for vehicle seats and vehicle components, namely, fitted vehicle seat covers;
vehicle seats;
structural parts of automobiles, namely, automobile seats;
structural parts of automobiles, namely, automobile seats, vehicle
dashboards;
coverings for automobile seats and automobile components, namely, fitted automotive seat covers;
vehicle linings and
coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, vehicle dashboards, gear shift covers;
vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, gear shift covers;
bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, vehicle
dashboards, gear shift covers;
bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted
dashboard covers for vehicles, gear shift covers;
linings and bioleather linings for automobiles, namely, fitted vehicle covers for automobiles, fitted
dashboard covers for vehicles, vehicle dashboards, gear shift covers, steering wheel covers for automobiles;
linings and bioleather linings for automobiles,
namely, fitted vehicle covers for automobiles, fitted dashboard covers for vehicles, gear shift covers, steering wheel covers for automobilesClass 012 for Coverings for vehicle seats and
vehicle components, namely, fitted vehicle seat covers; vehicle seats; structural parts of automobiles, namely, automobile seats, vehicle dashboards; coverings for automobile seats and automobile
components, namely, fitted automotive seat covers; vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles,
gear shift covers; bioleather vehicle linings and coverings, namely, fitted covers for vehicles, fitted covers for vehicle steering wheels, fitted dashboard covers for vehicles, gear shift covers;
linings and bioleather linings for automobiles, namely, fitted vehicle covers for automobiles, fitted dashboard covers for vehicles, gear shift covers, steering wheel covers for automobiles
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 018 for Biofabricated leather; biofabricated leather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage;
bioleather being collagen-based leather alternative; bioleather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage; bioleather
handbags; handbags, purses and wallets; bioleather handbag, purses and wallets; backpacks, book bags, sports bags, bum bags; bioleather backpacks, book bags, sports bags, bum bags; suitcases;
bioleather suitcases; bags; weekend bags; bioleather bags and weekend bags; bioleather fibers in the nature of a leather alternative for further manufacture; bioleather materials, namely, a leather
alternative
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: Biofabricated leather;
biofabricated leather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on
bags, change purses, duffel bags, luggage;
bioleather being collagen-based leather alternative;
bioleather goods, namely, all-purpose carrying
bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage;
bioleather handbags;
handbags, purses and wallets;
bioleather handbag, purses and wallets;
backpacks, book bags, sports bags, bum bags;
bioleather backpacks, book bags, sports
bags, bum bags;
suitcases;
bioleather suitcases;
bags;
bags,
namely, fashion handbags, beach bags, carry-on bags, gym bags, messenger bags, purses;
weekend bags;
bioleather bags and weekend
bags;
bioleather bags, namely, fashion handbags, beach bags, carry-on bags, gym bags, messenger bags, purses, weekend bags;
bioleather fibers in the nature of a leather alternative for further manufacture;
bioleather materials, namely, a leather alternativeClass 018 for
Biofabricated leather; biofabricated leather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage; bioleather being collagen-based
leather alternative; bioleather goods, namely, all-purpose carrying bags, athletic bags, backpacks, carry-on bags, change purses, duffel bags, luggage; bioleather handbags; handbags, purses and
wallets; bioleather handbag, purses and wallets; backpacks, book bags, sports bags, bum bags; bioleather backpacks, book bags, sports bags, bum bags; suitcases; bioleather suitcases; bags, namely,
fashion handbags, beach bags, carry-on bags, gym bags, messenger bags, purses; weekend bags; bioleather bags, namely, fashion handbags, beach bags, carry-on bags, gym bags, messenger bags, purses,
weekend bags; bioleather fibers in the nature of a leather alternative for further manufacture; bioleather materials, namely, a leather alternative
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 022 for Fibers, namely, textile fibers, synthetic fibers, semi-synthetic fibers; biofabricated fibers in the nature of bioleather textile fibers; bioleather fibers; textile
fibers; bioleather stuffing fibers; bioleather fibers for textile use; bioleather fibers for nontextile use; bioleather fibers for use in the manufacture of fabrics, textiles, yarns, carpets,
clothing and apparel; ropes and strings; bioleather ropes and strings; tents; bioleather tents; tarpaulins; bioleather tarpaulins; bioleather materials; sails; bioleather sails; sacks, namely,
bivouac sacks, sacks for the transportation or storage of materials in bulk; bioleather sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; padding, cushioning
and stuffing materials, not of rubber, plastics or paper; bioleather padding, cushioning and stuffing materials, not of rubber, plastics or paper
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: Fibers, namely, textile fibers, synthetic fibers, semi-synthetic fibers;
biofabricated fibers in the nature of bioleather
textile fibers;
bioleather fibers;
bioleather fibers for textile use, namely, collagen-based fibers and
collagen-coated textile fibers;
textile fibers;
bioleather stuffing fibers;
bioleather
textile fibers, namely, collagen-based fibers and collagen-coated textile fibers;
bioleather fibers for textile use;
ropes and
strings;
bioleather fibers for nontextile use;
bioleather ropes and strings;
bioleather
fibers for use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel;
tents;
bioleather tents;
tarpaulins;
bioleather tarpaulins;
sails;
bioleather sails;
sacks, namely, bivouac
sacks, sacks for the transportation or storage of materials in bulk;
bioleather materials;
bioleather sacks, namely, bivouac sacks,
sacks for the transportation or storage of materials in bulk;
padding, cushioning and stuffing materials, not of rubber, plastics or paper;
bioleather padding, cushioning and stuffing materials, not of rubber, plastics or paperClass 022 for Fibers, namely, textile fibers, synthetic fibers, semi-synthetic fibers;
biofabricated fibers in the nature of bioleather textile fibers; bioleather fibers for textile use, namely, collagen-based fibers and collagen-coated textile fibers; textile fibers; bioleather
textile fibers, namely, collagen-based fibers and collagen-coated textile fibers; ropes and strings; bioleather ropes and strings; tents; bioleather tents; tarpaulins; bioleather tarpaulins; sails;
bioleather sails; sacks, namely, bivouac sacks, sacks for the transportation or storage of materials in bulk; bioleather sacks, namely, bivouac sacks, sacks for the transportation or storage of
materials in bulk; padding, cushioning and stuffing materials, not of rubber, plastics or paper; bioleather padding, cushioning and stuffing materials, not of rubber, plastics or paper
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 023 for Yarns; bioleather yarns; bioleather threads; bioleather threads and yarns; bioleather yarns for textile use; bioleather yarns for non-textile use; bioleather yarns for
use in the manufacture of fabrics, textiles, yarns, carpets, clothing and apparel
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: Yarns;
bioleather yarns;
bioleather threads;
bioleather
yarns for textile use;
bioleather threads and yarns;
bioleather threads, namely, collagen-based threads and
collagen-coated threads for textile use;
bioleather yarns for non-textile use;
bioleather yarns for use in the
manufacture of fabrics, textiles, yarns, carpets, clothing and apparelClass 023 for Yarns; bioleather yarns; bioleather yarns for textile use; bioleather threads, namely, collagen-based threads
and collagen-coated threads for textile 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.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Attached is the information requested by the Examiner in pdf format.
Original PDF file:
mis-1622502422-20180514141028008138_._Request_for_Information_by_the_Examiner.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Brian B. Darville/ Date: 05/30/2018
Signatory's Name: Brian B. Darville
Signatory's Position: Attorney of record, Virginia Bar member
Signatory's Phone Number: 703-413-3000
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 87513328
Internet Transmission Date: Wed May 30 08:39:13 EDT 2018
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.X-2018053008391367
6731-87513328-6103683edccb45b7eccb04ad8a
eacaad97296c0cc3eefa264deed1d48513331485
0-N/A-N/A-20180530081313179379