TEAS Request Reconsideration after FOA

ZOA

Modern Meadow, Inc.

TEAS Request Reconsideration after FOA

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:


  • Product information about applicant’s goods

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. 


  • Fact sheets, instruction manuals, advertising, marketing and promotional materials


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.


  • Photographs of the goods and prototypes of the goods

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.


  • Evidence of other companies, if any, providing the same goods

     

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/


  • A description of the nature and purpose of the goods and the channels of trade for the goods

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)
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        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0003.JPG
       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\RFR0005.JPG
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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)
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        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0012.JPG
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        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0022.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\RFR0026.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0027.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0028.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0029.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0030.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0031.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0032.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0033.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0034.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0035.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0036.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\133\87513328\xml10\RFR0037.JPG
        \\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:


  • Product information about applicant’s goods

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. 


  • Fact sheets, instruction manuals, advertising, marketing and promotional materials


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.


  • Photographs of the goods and prototypes of the goods

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.


  • Evidence of other companies, if any, providing the same goods

     

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/


  • A description of the nature and purpose of the goods and the channels of trade for the goods

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


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