Post Publication Amendment

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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 87674423 SOLIGRO(Standard Characters, see http://uspto.report/TM/87674423/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: SOLIGRO(Standard Characters, see http://uspto.report/TM/87674423/mark.png)
Proposed (USPTO generated image): SOLIGROW (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

EXPLANATION OF FILING
Modifications are being made to mark and IDs (limited all to agricultural use) due to a settlement with MiracleGro.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Fertilizers; Plant extracts, namely, seaweed extract, used in the manufacture of plant growth regulators, fertilizers, biostimulants for agricultural, domestic, and horticultural use; Soil conditioning preparation; Seaweed and humic based soil conditioners for soil health; Manures and manures mixture comprised of primarily of manure; Soil conditioning and regenerating preparations in the nature of plant growth nutrients; Micronutrient substances for plant growth; Microbial inoculants for application to seeds used in agriculture and horticulture
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: Fertilizers; Fertilizers for agricultural use; Plant extracts, namely, seaweed extract, used in the manufacture of plant growth regulators, fertilizers, biostimulants for agricultural, domestic, and horticultural use; Plant extracts, namely, seaweed extract, used in the manufacture of plant growth regulators, fertilizers, biostimulants for agricultural use; Soil conditioning preparation; Soil conditioning preparation for agricultural use; Seaweed and humic based soil conditioners for soil health; Seaweed and humic based soil conditioners for soil health for agricultural use; Manures and manures mixture comprised of primarily of manure; Manures and manures mixture comprised of primarily of manure for agricultural use; Soil conditioning and regenerating preparations in the nature of plant growth nutrients; Soil conditioning and regenerating preparations in the nature of plant growth nutrients for agricultural use; Micronutrient substances for plant growth; Micronutrient substances for plant growth for agricultural use; Microbial inoculants for application to seeds used in agriculture and horticulture; Microbial inoculants for application to seeds used in agricultureClass 001 for Fertilizers for agricultural use; Plant extracts, namely, seaweed extract, used in the manufacture of plant growth regulators, fertilizers, biostimulants for agricultural use; Soil conditioning preparation for agricultural use; Seaweed and humic based soil conditioners for soil health for agricultural use; Manures and manures mixture comprised of primarily of manure for agricultural use; Soil conditioning and regenerating preparations in the nature of plant growth nutrients for agricultural use; Micronutrient substances for plant growth for agricultural use; Microbial inoculants for application to seeds used in agriculture
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 005 for Nematicides; Fungicides with seaweed extract for agricultural use; Herbicides for agricultural use; Biocides; Germicides; Bactericides; Biological agents, namely, bacterial, fungal or other fungicides, weedkillers, herbicides, insecticides, parasiticides, and pesticides; Insect repellents for use in agriculture; Organic products for agricultural use in killing insects; Organic products for agricultural use in killing weeds; Organic products for agricultural use in repelling insects; Pesticides for agricultural use; Insecticides for agricultural use on crop
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: Nematicides; Nematicides for agricultural use; Fungicides with seaweed extract for agricultural use; Herbicides for agricultural use; Biocides; Biocides for agricultural use; Germicides; Germicides for agricultural use; Bactericides; Bactericides for agricultural use; Biological agents, namely, bacterial, fungal or other fungicides, weedkillers, herbicides, insecticides, parasiticides, and pesticides; Biological agents, namely, bacterial, fungal or other fungicides, weedkillers, herbicides, insecticides, parasiticides, and pesticides, all for agricultural use; Insect repellents for use in agriculture; Organic products for agricultural use in killing insects; Organic products for agricultural use in killing weeds; Organic products for agricultural use in repelling insects; Pesticides for agricultural use; Insecticides for agricultural use on cropClass 005 for Nematicides for agricultural use; Fungicides with seaweed extract for agricultural use; Herbicides for agricultural use; Biocides for agricultural use; Germicides for agricultural use; Bactericides for agricultural use; Biological agents, namely, bacterial, fungal or other fungicides, weedkillers, herbicides, insecticides, parasiticides, and pesticides, all for agricultural use; Insect repellents for use in agriculture; Organic products for agricultural use in killing insects; Organic products for agricultural use in killing weeds; Organic products for agricultural use in repelling insects; Pesticides for agricultural use; Insecticides for agricultural use on crop
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)

Signature: /Curt Handley, Esq./     Date: 05/04/2019
Signatory's Name: Curt Handley, Esq.
Signatory's Position: Attorney of Record, IL Bar Member

Signatory's Phone Number: 888-932-5291

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 applicant'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 applicant 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: 87674423
Internet Transmission Date: Sat May 04 20:07:41 EDT 2019
TEAS Stamp: USPTO/PPA-XXX.XXX.XX.X-20190504200741158
839-87674423-620178b17e3678abf72fa4f5e97
5841216be9f25b71de8bb0ab99c75f9a6daf5-N/
A-N/A-20190504200205721224