Response to Office Action

TOP DRESS

Dr. Earth, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88210536
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://uspto.report/TM/88210536/mark.png
LITERAL ELEMENT TOP DRESS
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.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       JPG FILE(S) \\TICRS\EXPORT17\IMAGEOUT 17\882\105\88210536\xml4\ ROA0005.JPG
       ORIGINAL PDF FILE evi_107185550-20190529132806363932_._Amendment.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\105\88210536\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\105\88210536\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\105\88210536\xml4\ROA0004.JPG
DESCRIPTION OF EVIDENCE FILE Attorney generated Amendment changing the identification of the goods and addressing the Request for Additional Information
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 001
DESCRIPTION
Fertilisers; Fertilizers; Fertilizers and manures; Soil additives; Soil amendments; Fertilisers for soil and potting soil; Planting soil
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 001
TRACKED TEXT DESCRIPTION
Fertilisers; Planting soil excluding mulch, manure and fertilizer; Fertilizers; Fertilizers and manures; Soil additives; Soil amendments; Fertilisers for soil and potting soil; Planting soil
FINAL DESCRIPTION Planting soil excluding mulch, manure and fertilizer
FILING BASIS Section 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Sandy Lipkin/
SIGNATORY'S NAME Sandy Lipkin
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 805-275-1861
DATE SIGNED 05/29/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed May 29 13:31:24 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.X-20
190529133124440615-882105
36-6206b678761a8e4fc189cf
74bc9a133f49f3fe119bf15ae
41c9c5bcab2c5ce975a-N/A-N
/A-20190529132806363932



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. 88210536 TOP DRESS(Standard Characters, see http://uspto.report/TM/88210536/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Attorney generated Amendment changing the identification of the goods and addressing the Request for Additional Information has been attached.
JPG file(s):
Evidence-1
Original PDF file:
evi_107185550-20190529132806363932_._Amendment.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 Fertilisers; Fertilizers; Fertilizers and manures; Soil additives; Soil amendments; Fertilisers for soil and potting soil; Planting soil
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: Fertilisers; Planting soil excluding mulch, manure and fertilizer; Fertilizers; Fertilizers and manures; Soil additives; Soil amendments; Fertilisers for soil and potting soil; Planting soilClass 001 for Planting soil excluding mulch, manure and fertilizer
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.

SIGNATURE(S)
Response Signature
Signature: /Sandy Lipkin/     Date: 05/29/2019
Signatory's Name: Sandy Lipkin
Signatory's Position: Attorney of Record

Signatory's Phone Number: 805-275-1861

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: 88210536
Internet Transmission Date: Wed May 29 13:31:24 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20190529133124440
615-88210536-6206b678761a8e4fc189cf74bc9
a133f49f3fe119bf15ae41c9c5bcab2c5ce975a-
N/A-N/A-20190529132806363932


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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