| 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 | 88133051 |
| LAW OFFICE ASSIGNED | LAW OFFICE 123 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88133051/mark.png |
| LITERAL ELEMENT | GROWERS EDGE SOLUTIONS |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
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 “SOLUTIONS” 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 “SOLUTIONS” apart from the mark as shown. Applicant respectfully requests withdrawal of the rejection and requests allowance of its trademark application.
IDENTIFICATION OF SERVICES The Office Action stated, “The identification of services is unacceptable and must be clarified because the wording does not adequately specify the nature, type, purpose, and/or common commercial name of the services.” Applicant respectfully requests to amend the identification of services as provided below. International Class 036 -Insurance services, namely, claims adjustment and insurance administration; International Class 042 – Providing agronomic prescription services for the agricultural farming industry, namely, agronomic consulting services. Applicant respectfully requests withdrawal of the rejection of the identification of services. Furthermore, Applicant 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 |
|
| GOODS AND/OR SERVICES SECTION (036)(current) | |
| INTERNATIONAL CLASS | 036 |
| DESCRIPTION | |
| Insurance services; Providing insurance products; Lending services; Providing warranties; Providing agronomic prescription products and services for the agricultural farming industry | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 07/23/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 09/25/2018 |
| GOODS AND/OR SERVICES SECTION (036)(proposed) | |
| INTERNATIONAL CLASS | 036 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Insurance services, namely, claims adjustment and insurance administration; Money lending services; Providing warranty solutions to third party agricultural product and service providers of warranties on guaranteed increase in crop yield. | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 07/23/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 09/25/2018 |
| GOODS AND/OR SERVICES SECTION (042)(class added) | |
| INTERNATIONAL CLASS | 042 |
| DESCRIPTION | |
| Providing agronomic prescription services for the agricultural farming industry, namely, agronomic consulting services. | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 07/23/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 07/23/2018 |
| STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
| SPECIMEN FILE NAME(S) | |
| ORIGINAL PDF FILE | SPN0-745121266-20190625170224024036_._As_Filed_Specimen__01685525x9F897_.pdf |
| CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\330\88133051\xml5\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\881\330\88133051\xml5\ROA0003.JPG | |
| SPECIMEN DESCRIPTION | brochure showing use of the mark along with prescription services for agricultural farming |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use "GROWERS" and "SOLUTIONS" apart from the mark as shown. |
| PAYMENT SECTION | |
| NUMBER OF CLASSES | 1 |
| APPLICATION FOR REGISTRATION PER CLASS | 275 |
| TOTAL FEES DUE | 275 |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Jordan M. Decker/ |
| SIGNATORY'S NAME | Jordan M. Decker |
| SIGNATORY'S POSITION | Attorney of Record, Iowa Bar Member |
| SIGNATORY'S PHONE NUMBER | 515-242-2400 |
| DATE SIGNED | 06/25/2019 |
| RESPONSE SIGNATURE | /Jordan M. Decker/ |
| SIGNATORY'S NAME | Jordan M. Decker |
| SIGNATORY'S POSITION | Attorney of Record, Iowa Bar Member |
| SIGNATORY'S PHONE NUMBER | 515-242-2400 |
| DATE SIGNED | 06/25/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jun 25 17:06:18 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XX-20 190625170618931813-881330 51-620ff59335d88f79cd037d b2ad9dc4bca2fd66b3c5f7796 4b7fda430cb4e04-DA-4447-2 0190625170224024036 |
| 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 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 “SOLUTIONS” 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 “SOLUTIONS” apart from the mark as shown.
Applicant respectfully requests withdrawal of the rejection and requests allowance of its trademark application.
IDENTIFICATION OF SERVICES
The Office Action stated, “The identification of services is unacceptable and must be clarified because the wording does not adequately specify the nature, type, purpose, and/or common commercial name of the services.” Applicant respectfully requests to amend the identification of services as provided below.
International Class 036 -Insurance services, namely, claims adjustment and insurance administration; Providing
insurance productsMoney lLending services; Providing warrantieswarranty solutions to third party agricultural product and service providers of warranties on guaranteed increase in crop yield; Providing agronomic
prescription products and services for the agricultural farming industry.
International Class 042 – Providing agronomic prescription services for the agricultural farming industry, namely, agronomic consulting services.
Applicant respectfully requests withdrawal of the rejection of the identification of services. Furthermore, Applicant 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
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.
