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. 88149437 FIBER PLUS(Standard Characters, see http://uspto.report/TM/88149437/mark.png) has been amended as follows:

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

The identification of goods has been amended to address the Examining Attorney's concern and provide clarification by expressly stating that the fuels are renewable bio-fuels. Submitted herewith is an English translation of the French registration certificate which provides the filing basis under Section 44(e), and which includes the signature of the translator. In view of the amendment and submission, the application now is in condition for approval for publication.

EVIDENCE
Evidence in the nature of English translation of of French trademark registration certificate with the signature of the translator. has been attached.
Original PDF file:
evi_502535173-20190626194025063927_._FIBER_PLUS_translator_certificate_20190529160121.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for micro-organisms, namely, yeast for use in the production of bio-fuels and renewable chemicals; micro-organisms, namely, yeast for use as an ingredient in the manufacture of bio-fuels and renewable chemicals; yeast for use in the production of alcohol fuels, ethanol, and motor fuels
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ France registration number 184486048 registered 09/26/2018 with a renewal date of __________ and an expiration date of 09/26/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: micro-organisms, namely, yeast for use in the production of bio-fuels and renewable chemicals; micro-organisms, namely, yeast for use in the production of renewable bio-fuels and chemicals; micro-organisms, namely, yeast for use as an ingredient in the manufacture of bio-fuels and renewable chemicals; micro-organisms, namely, yeast for use as an ingredient in the manufacture of renewable bio-fuels and chemicals; yeast for use in the production of alcohol fuels, ethanol, and motor fuels; yeast for use in the production of renewable bio-fuels, namely, alcohol fuels, ethanol, and motor fuelsClass 001 for micro-organisms, namely, yeast for use in the production of renewable bio-fuels and chemicals; micro-organisms, namely, yeast for use as an ingredient in the manufacture of renewable bio-fuels and chemicals; yeast for use in the production of renewable bio-fuels, namely, alcohol fuels, ethanol, and motor fuels
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 184486048 registered 09/26/2018 with a renewal date of __________ and an expiration date of 09/26/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /JDL/     Date: 06/26/2019
Signatory's Name: Joseph D. Lewis
Signatory's Position: Attorney (DC Bar)

Signatory's Phone Number: 2022891313

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: 88149437
Internet Transmission Date: Wed Jun 26 19:50:40 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190626195040371
780-88149437-62058de418be28cfd5cbe8c393d
2cec886f29a61e8dc79c3d83768dee1894039-N/
A-N/A-20190626194025063927