| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88010656 |
| LAW OFFICE ASSIGNED | LAW OFFICE 124 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88010656/mark.png |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| ARGUMENT(S) | |
|
In response to the Office Action, Applicant has amended the goods pursuant to the Trademark Examining Attorney’s suggestion and submitted a signed declaration in support of the application. In the Office Action dated July 16, 2018, the Trademark Examining Attorney advised that, while the description of the mark provided is accurate, it is incomplete because it does not describe all of the significant aspects of the applied-for mark, specifically that it omits the overall triangular appearance of the design. The Trademark Examining Attorney suggested the following: The mark consists of a stylized triangular design comprising three groupings of overlapping arched lines with four arches lines in each grouping. The description of the mark that Applicant submitted when filing the application – The mark consists of three groupings of overlapping arched lines with four arched lines in each grouping. The four arched lines in the bottom most grouping extend upwards and increase in width from bottom to top. At the bottom portion of this bottom most grouping is another grouping of four arched lines which extend from right to left with each such arched line increasing in width from right to left. The top most grouping of four arched lines appears approximately one-third of the way down from the top of the bottom most grouping and the bottom most arched line of this top most grouping appears approximately in the middle of the bottom most grouping. Each of the four arched lines in this top most grouping increase in width from left to right and extend over and intersect with the bottom most grouping and the lowest grouping. – is identical to that submitted in connection with its Registration No. 5,519,811, a copy of which is attached as Exhibit A, and appears to be an accurate description of the mark. Applicant respectfully submits that the Trademark Examining Attorney’s proposed description of the mark, particularly the inclusion of “a stylized triangular design” does not accurately describe the mark as it is not a triangular design. A triangle is defined as a plane figure with three straight sides and three angles, which this clearly is not. Also, in the U.S. Trademark Office’s June 29, 2018 design code notification for this mark, a copy of which is attached as Exhibit B, the following design codes were included: (i) bands, curved; (ii) bars, curved; (iii) curved line(s), band(s) or bar(s); and (iv) lines, curved. Applicant therefore also submits that the Trademark Examining Attorney’s proposed amendment is inconsistent with the Trademark Office’s design codes identified in the application. In view of this, Applicant respectfully requests that the request for an amendment to the description of the mark be reconsidered and that the description of the mark as filed be retained, and that its application be approved for publication. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_20671224226-20190115192242051546_._ogo__Class_31__-_Exhibit_A_to_O.A._Response__F2897134x96B9E_.pdf |
| CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\880\106\88010656\xml6\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\880\106\88010656\xml6\ROA0003.JPG | |
| ORIGINAL PDF FILE | evi_20671224226-20190115192242051546_._ogo__Class_31__-_Exhibit_B_to_O.A._Response__F2897138x96B9E_.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\880\106\88010656\xml6\ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE | documents downloaded from the TSDR database |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 031 |
| DESCRIPTION | |
| Agricultural, horticultural and forestry products, namely, seeds, grains and vegetative parts of plants treated with pesticides and/or chemical/biological products; not included in other classes | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 031 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Agricultural, horticultural and forestry products, namely seeds for agricultural and horticultural purposes, unprocessed grains and vegetative parts of plants being live rootstocks treated with pesticides and/or chemical/biological products | |
| FILING BASIS | Section 1(b) |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /jmf/ |
| SIGNATORY'S NAME | Joyce M. Ferraro |
| SIGNATORY'S POSITION | Attorney of Record, New York state bar member |
| SIGNATORY'S PHONE NUMBER | (212) 813-5900 |
| DATE SIGNED | 01/15/2019 |
| RESPONSE SIGNATURE | /jmf/ |
| SIGNATORY'S NAME | Joyce M. Ferraro |
| SIGNATORY'S POSITION | Attorney of Record, New York state bar member |
| SIGNATORY'S PHONE NUMBER | (212) 813-5900 |
| DATE SIGNED | 01/15/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jan 15 19:34:52 EST 2019 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XXX.XXX- 20190115193452830966-8801 0656-6205149cc9e484cbd8ed cda4b1c41ac254b6fb91dfc94 237ae58364e8ae2e2caff2-N/ A-N/A-2019011519224205154 6 |
| 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) |
In response to the Office Action, Applicant has amended the goods pursuant to the Trademark Examining Attorney’s suggestion and submitted a signed declaration in support of the application.
In the Office Action dated July 16, 2018, the Trademark Examining Attorney advised that, while the description of the mark provided is accurate, it is incomplete because it does not describe all of the significant aspects of the applied-for mark, specifically that it omits the overall triangular appearance of the design. The Trademark Examining Attorney suggested the following: The mark consists of a stylized triangular design comprising three groupings of overlapping arched lines with four arches lines in each grouping.
The description of the mark that Applicant submitted when filing the application – The mark consists of three groupings of overlapping arched lines with four arched lines in each grouping. The four arched lines in the bottom most grouping extend upwards and increase in width from bottom to top. At the bottom portion of this bottom most grouping is another grouping of four arched lines which extend from right to left with each such arched line increasing in width from right to left. The top most grouping of four arched lines appears approximately one-third of the way down from the top of the bottom most grouping and the bottom most arched line of this top most grouping appears approximately in the middle of the bottom most grouping. Each of the four arched lines in this top most grouping increase in width from left to right and extend over and intersect with the bottom most grouping and the lowest grouping. – is identical to that submitted in connection with its Registration No. 5,519,811, a copy of which is attached as Exhibit A, and appears to be an accurate description of the mark.
Applicant respectfully submits that the Trademark Examining Attorney’s proposed description of the mark, particularly the inclusion of “a stylized triangular design” does not accurately describe the mark as it is not a triangular design. A triangle is defined as a plane figure with three straight sides and three angles, which this clearly is not. Also, in the U.S. Trademark Office’s June 29, 2018 design code notification for this mark, a copy of which is attached as Exhibit B, the following design codes were included: (i) bands, curved; (ii) bars, curved; (iii) curved line(s), band(s) or bar(s); and (iv) lines, curved. Applicant therefore also submits that the Trademark Examining Attorney’s proposed amendment is inconsistent with the Trademark Office’s design codes identified in the application.
In view of this, Applicant respectfully requests that the request for an amendment to the description of the mark be reconsidered and that the description of the mark as filed be retained, and that its application be approved for publication.DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
