Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87621796 |
LAW OFFICE ASSIGNED |
LAW OFFICE 122 |
MARK SECTION |
MARK |
http://uspto.report/TM/87621796/mark.png |
LITERAL ELEMENT |
MUSTANG |
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) |
|
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_751500189-20180717223720596189_._OA_Response_Argument__00221574xB8FA7_.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\876\217\87621796\xml7\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\876\217\87621796\xml7\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\876\217\87621796\xml7\ROA0004.JPG |
DESCRIPTION OF EVIDENCE FILE |
A pdf version of Applicant's argument in regards to the Examiner's 2(d) initial refusal |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
031 |
DESCRIPTION |
fresh fruit |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 03/09/2011 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/09/2011 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
031 |
TRACKED TEXT DESCRIPTION |
fresh fruit; fresh fruit, namely, apples |
FINAL DESCRIPTION |
fresh fruit, namely, apples |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 03/09/2011 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/09/2011 |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
In her Office Action of January 17, 2018, the Examiner requested additional information related to whether the term MUSTANG was a varietal
name. In Response thereto, Applicant provides the following statement: Applicant acknowledges the evidence provided by the Examiner appearing to identify the term MUSTANG as a varietal name for
multiple plants. However, to the best of Applicant's knowledge, the term MUSTANG has not been used, and will not be used, as a varietal or cultivar name for the specific goods identified in the
Application, as amended herein, specifically "fresh fruit, namely, apples." Additionally, to the best of Applicant's knowledge, the term MUSTANG has never been used in connection with a plant patent,
utility patent, or certificate for plant variety protection related to apples. Applicant has amended the goods description to specifically identify apples. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Shamus T. O'Doherty/ |
SIGNATORY'S NAME |
Shamus T. O'Doherty |
SIGNATORY'S POSITION |
Attorney of record, Washington bar member |
DATE SIGNED |
07/17/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jul 17 22:41:38 EDT 2018 |
TEAS STAMP |
USPTO/ROA-XX.XXX.X.XXX-20
180717224138634549-876217
96-610dcff43d08f8168a1468
f519bb1848d91f0b95acb754e
f22d3c5987f0d877bb-N/A-N/
A-20180717223720596189 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87621796 MUSTANG(Standard Characters, see http://uspto.report/TM/87621796/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
EVIDENCE
Evidence in the nature of A pdf version of Applicant's argument in regards to the Examiner's 2(d) initial refusal has been attached.
Original PDF file:
evi_751500189-20180717223720596189_._OA_Response_Argument__00221574xB8FA7_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for fresh fruit
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/09/2011 and first used in commerce at least as early as 03/09/2011 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: fresh fruit;
fresh fruit, namely, applesClass 031 for fresh fruit, namely, apples
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/09/2011 and first used in commerce at least as early as 03/09/2011 , and
is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
In her Office Action of January 17, 2018, the Examiner requested additional information related to whether the term MUSTANG was a varietal name. In Response thereto, Applicant provides the following
statement: Applicant acknowledges the evidence provided by the Examiner appearing to identify the term MUSTANG as a varietal name for multiple plants. However, to the best of Applicant's knowledge,
the term MUSTANG has not been used, and will not be used, as a varietal or cultivar name for the specific goods identified in the Application, as amended herein, specifically "fresh fruit, namely,
apples." Additionally, to the best of Applicant's knowledge, the term MUSTANG has never been used in connection with a plant patent, utility patent, or certificate for plant variety protection
related to apples. Applicant has amended the goods description to specifically identify apples.
SIGNATURE(S)
Response Signature
Signature: /Shamus T. O'Doherty/ Date: 07/17/2018
Signatory's Name: Shamus T. O'Doherty
Signatory's Position: Attorney of record, Washington bar member
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 87621796
Internet Transmission Date: Tue Jul 17 22:41:38 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20180717224138634
549-87621796-610dcff43d08f8168a1468f519b
b1848d91f0b95acb754ef22d3c5987f0d877bb-N
/A-N/A-20180717223720596189