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)

---

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. 88099934 TAKE YOUR PLANTS TO HIGHER GROUND(Standard Characters, see http://uspto.report/TM/88099934/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Microbes used for agricultural purposes, namely, to increase the availability of nutrients for enhanced plant growth and health; organic soil additives; organic soil amendments; plant growth nutrients; plant growth regulators for agricultural use; plant nutrients; preparations for fortifying plants; chemical soil conditioners; soil additives; soil amendments; soil conditioners for agricultural, domestic, or horticultural use; soil improving agents; substances for regulating plant growth; fertilizers; fertilizer for soil and potting soil; nutritive additive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization and bioremediation of pollutants; artificial plant-cultivation soil; planting soil; biotechnologically-formed genes, microbes and enzymes for use in the production of agricultural seeds to enhance plants' growth therefrom
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: Microbes used for agricultural purposes, namely, to increase the availability of nutrients for enhanced plant growth and health; organic soil additives; organic soil amendments; plant growth nutrients; plant growth regulators for agricultural use; plant nutrients; preparations for fortifying plants; chemical soil conditioners; soil additives; soil amendments; soil conditioners for agricultural, domestic, or horticultural use; soil improving agents; substances for regulating plant growth; fertilizers; fertilizer for soil and potting soil; nutritive additive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization and bioremediation of pollutants; artificial plant-cultivation soil; planting soil; biotechnologically-formed genes, microbes and enzymes for use in the production of agricultural seeds to enhance plants' growth therefrom; top soilClass 001 for Microbes used for agricultural purposes, namely, to increase the availability of nutrients for enhanced plant growth and health; organic soil additives; organic soil amendments; plant growth nutrients; plant growth regulators for agricultural use; plant nutrients; preparations for fortifying plants; chemical soil conditioners; soil additives; soil amendments; soil conditioners for agricultural, domestic, or horticultural use; soil improving agents; substances for regulating plant growth; fertilizers; fertilizer for soil and potting soil; nutritive additive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization and bioremediation of pollutants; artificial plant-cultivation soil; planting soil; biotechnologically-formed genes, microbes and enzymes for use in the production of agricultural seeds to enhance plants' growth therefrom; top soil
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 Pesticides; biopesticides; agricultural pesticides; agricultural biopesticides; fungicides; biofungicides; agricultural fungicides; agricultural biofungicides; biocides; agricultural biocides; insecticides; bioinsecticides; agricultural insecticides; agricultural bioinsecticides; nematicides; bionematicides; agricultural nematicides; agricultural bionematicides; bactericides; biobactericides; agricultural bactericides; agricultural biobactericides
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: Class 005 for Pesticides; biopesticides; agricultural pesticides; agricultural biopesticides; fungicides; biofungicides; agricultural fungicides; agricultural biofungicides; biocides; agricultural biocides; insecticides; bioinsecticides; agricultural insecticides; agricultural bioinsecticides; nematicides; bionematicides; agricultural nematicides; agricultural bionematicides; bactericides; biobactericides; agricultural bactericides; agricultural biobactericides
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 031 for Live plants; seeds for agricultural purposes; top soil
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: Live plants; seeds for agricultural purposes; top soilClass 031 for Live plants; seeds for agricultural purposes
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)
Response Signature
Signature: /SAZ/     Date: 12/18/2018
Signatory's Name: Steve Zemanick
Signatory's Position: Attorney of record, Colorado bar member

Signatory's Phone Number: 720.937.6599

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: 88099934
Internet Transmission Date: Tue Dec 18 16:50:26 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201812181650261136
67-88099934-620a5d6e847b8d723f790aa5ee91
4c82493402a674ddbfd254caf363ec34d1d4fc-N
/A-N/A-20181218164742196739