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. 88188007 YETI(Standard Characters, see http://uspto.report/TM/88188007/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 031 for Live plants; Plant seeds; Agricultural seeds; Seeds for sowing; Seeds for planting; Top soil; Genes sold as an integral component of agricultural seed; Planting or propagating materials for horticulture and agricultural plants, namely, seeds, cuttings, grafts, meristems, sets, propagules, seedlings, roots, artificial seeds, sod, sprigs, scions, stolons, rhizomes, plugs, rootstock, clones, and plantlets
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; plant seeds; agricultural seeds; seeds for sowing; seeds for planting; Top soil; genes sold as an integral component of agricultural seed; planting or propagating materials used to breed live plants by natural processes from parent stock for horticulture and agricultural plants, namely, plant cuttings, namely, plant tissue cultures; Planting or propagating materials for horticulture and agricultural plants, namely, seeds, cuttings, grafts, meristems, sets, propagules, seedlings, roots, artificial seeds, sod, sprigs, scions, stolons, rhizomes, plugs, rootstock, clones, and plantlets; plant grafts; plant meristems; plant propagules; plant seedlings; plant roots; artificial plant seeds; plant sprigs; plant scions; plant stolons; plant rhizomes; plant rootstock; plant clones; plantletsClass 031 for Live plants; plant seeds; agricultural seeds; seeds for sowing; seeds for planting; genes sold as an integral component of agricultural seed; planting or propagating materials used to breed live plants by natural processes from parent stock for horticulture and agricultural plants, namely, plant cuttings, namely, plant tissue cultures; plant grafts; plant meristems; plant propagules; plant seedlings; plant roots; artificial plant seeds; plant sprigs; plant scions; plant stolons; plant rhizomes; plant rootstock; plant clones; plantlets
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
Miscellaneous Statement
Varietal Refusal Response: Applicant is not aware of instances where the mark sought for registration has been used as a varietal or cultivar name. Applicant is further unaware of any instances where the mark sought for registration has been used with the subject matter of a plant patent. The mark is used with one or more products subject to one or more non-plant utility patents, which Applicant asserts is not relevant to any analysis regarding plant varietals.


SIGNATURE(S)
Response Signature
Signature: /SAZ/     Date: 06/14/2019
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: 88188007
Internet Transmission Date: Fri Jun 14 08:32:32 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201906140832321694
62-88188007-620a3ecbaf69b29e44b5210d2226
c8bfa87f15ce6f3d6cff3a6a73ca722448e4c26-
N/A-N/A-20190614083034041454