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. 88132945 GROWERS EDGE FINANCIAL(Standard Characters, see http://uspto.report/TM/88132945/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

RESPONSE TO THE NON-FINAL OFFICE ACTION

In connection with the above entitled application for federal trademark registration and in response to the Non-Final Office Action dated January 15, 2019, please consider the following remarks.

 

DISCLAIMER

The Office Action stated, “Applicant must provide a disclaimer of the unregisterable part(s) of the applied-for mark even though the mark as a whole appears to be registrable…In this case, Applicant must disclaim the wording “GROWERS” and “FINANCIAL” in the mark because it is not inherently distinctive. These unregisterable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of Applicant’s goods and/or services.” In order to advance prosecution, Applicant offers the following disclaimer in order to satisfy the requirement:

No claim is made to the exclusive right to use “GROWERS” and “FINANCIAL” apart from the mark as shown.

Applicant respectfully requests withdrawal of the rejection and requests allowance of its trademark application.

 

CONCLUSION

It is believed that Applicant has responded to all of the Examining Attorney’s questions, objections and rejections and that the trademark application is now in condition to go forward with publication.

If any further questions or concerns remain, the Examining Attorney is encouraged to contact the undersigned to expeditiously resolve any outstanding matters.

 

Respectfully submitted,

 

                                                                        /Jordan E. Meggison-Decker/

                                                                       

Jordan E. Meggison-Decker

                                                                        Reg. No. 74,127

                                                                        BROWN WINICK LAW FIRM

                                                                        666 Grand Avenue

                                                                        Suite 2000, Ruan Center

                                                                        Des Moines, Iowa  50309

                                                                        Phone No. 515-242-2400

                                                                        Fax No. 515-242-2488

                                                                        Customer No. 47608

                                                                        Attorney of Record

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "GROWERS" and "FINANCIAL" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Jordan M. Decker/     Date: 06/25/2019
Signatory's Name: Jordan M. Decker
Signatory's Position: Attorney of Record, Iowa Bar Member

Signatory's Phone Number: 515-242-2400

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: 88132945
Internet Transmission Date: Tue Jun 25 17:17:26 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190625171726836
524-88132945-620bc7611ca4f1472297f2c9e2a
72e4c84622c4d36356e8e2dd132369e9f3b1ce0-
N/A-N/A-20190625171626682078