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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88176999 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/88176999/mark.png |
LITERAL ELEMENT |
AMERIZAO |
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) |
This is in response to the Office Action dated Febraury 6, 2019.
The Examining Attorney's attention to the present application is noted with appreciation.
Applicant believes that the enclosed responses to the translation and identification of goods issues brought up by the Examining Attorney place the application in condition
for publication and allowance, and such action is requested.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
031 |
DESCRIPTION |
Living trees; live shrubs; fruit seeds; fresh fruit; agricultural seeds; seeds for planting; cultivars |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
031 |
TRACKED TEXT DESCRIPTION |
Living trees; live shrubs; fruit seeds; fresh fruit; agricultural seeds; seeds for planting; cultivars; cultivars, namely living plants of different varieties |
FINAL DESCRIPTION |
Living trees; live shrubs; fruit seeds; fresh fruit; agricultural seeds; seeds for planting; cultivars, namely living plants of
different varieties |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
TRANSLATION |
The wording AMERIZAO has no meaning in a foreign language. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Deborah A. Peacock/ |
SIGNATORY'S NAME |
Deborah A. Peacock |
SIGNATORY'S POSITION |
Attorney of record, New Mexico, Colorado and New York bar member |
SIGNATORY'S PHONE NUMBER |
(505) 998-1500 |
DATE SIGNED |
04/09/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Apr 11 18:51:01 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20190411185101863008-881
76999-620ef148f8877b3925d
51c7d6a731a7c9efed6d13865
9a9d72c51f71ee85f693ff-N/
A-N/A-2019040919572841103
5 |
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.
88176999 AMERIZAO(Standard Characters, see http://uspto.report/TM/88176999/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
This is in response to the Office Action dated Febraury 6, 2019.
The Examining Attorney's attention to the present application is noted with appreciation.
Applicant believes that the enclosed responses to the translation and identification of goods issues brought up by the Examining Attorney place the application in condition
for publication and allowance, and such action is requested.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Living trees; live shrubs; fruit seeds; fresh fruit; agricultural seeds; seeds for planting; cultivars
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: Living trees;
live shrubs;
fruit seeds;
fresh fruit;
agricultural seeds;
seeds for planting;
cultivars;
cultivars, namely living
plants of different varietiesClass 031 for Living trees; live shrubs; fruit seeds; fresh fruit; agricultural seeds; seeds for planting; cultivars, namely living plants of different
varieties
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.
ADDITIONAL STATEMENTS
Translation
The wording AMERIZAO has no meaning in a foreign language.
SIGNATURE(S)
Response Signature
Signature: /Deborah A. Peacock/ Date: 04/09/2019
Signatory's Name: Deborah A. Peacock
Signatory's Position: Attorney of record, New Mexico, Colorado and New York bar member
Signatory's Phone Number: (505) 998-1500
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: 88176999
Internet Transmission Date: Thu Apr 11 18:51:01 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190411185101
863008-88176999-620ef148f8877b3925d51c7d
6a731a7c9efed6d138659a9d72c51f71ee85f693
ff-N/A-N/A-20190409195728411035