Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87789549 ORTHO (Stylized and/or with Design, see http://uspto.report/TM/87789549/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 004 for Candles

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pesticides, insecticides, herbicides
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.

In International Class 005, the mark was first used at least as early as 03/00/2018 and first used in commerce at least as early as 03/00/2018 .

Proposed:
Tracked Text Description: Pesticides, insecticides, herbicides; insect repellent in candle formClass 005 for Pesticides, insecticides, herbicides; insect repellent in candle form
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.

In International Class 005, the mark was first used at least as early as 03/00/2018 . and first used in commerce at least as early as 03/00/2018 .

ADDITIONAL STATEMENTS
Miscellaneous Statement
Per the Examiner's suggestion, applicant hereby amends the identification of goods in class 5 and deletes the class 4 identification. Applicant relies on the specimen and statement of use previously submitted and accepted by the Examiner with respect to the goods in class 5.


SIGNATURE(S)
Response Signature
Signature: /Robert J. Morgan/     Date: 04/22/2019
Signatory's Name: Robert J. Morgan
Signatory's Position: In-house counsel for applicant

Signatory's Phone Number: 9375781561

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: 87789549
Internet Transmission Date: Mon Apr 22 15:42:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904221542121
50873-87789549-62046167de7de83f146dafad2
3ee3807ba1e48f471cf9ab591490ce4f1b4fb543
5b-N/A-N/A-20190422153225088838