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. 88230800 FLORA PROFESSIONAL(Standard Characters, see http://uspto.report/TM/88230800/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of actual argument; TESS printouts has been attached.
Original PDF file:
evi_16597322-20190919123114730012_._OAR_-_FLORA_PROFESSIONAL_-_Actual_Argument.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_16597322-20190919123114730012_._Exhibit_A_-_TESS_Printouts_of_FLORA-Formative_Marks.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Butter; margarine; creams, namely sour cream, cream powder, artificial cream, cream alternatives and substitutes, namely, vegetable-based cream, sour cream substitutes; non-dairy milk and cream, namely, rice milk, almond milk, oat milk, coconut milk, soya milk; oils, namely edible oils, cooking oil, nut oil for food, vegetable oils for food, coconut oil and fat for food, animal oils for food, edible oils derived from fish excluding cod-liver oil, soya bean oil for food, seed oils for food, namely, sesame seed oil, rapeseed oil, linseed oil, flavored oils for food, namely, chili oil, olive oil for food, spiced oils for food, butter oil for food, blended oil for food, hydrogenated oils for food, hardened oils for food; spreads, namely, vegetable spreads, vegetable-based spreads, dairy spreads, dairy-based spreads, low fat dairy spreads, cheese spreads, meat spreads, meat-based spreads, nut paste spreads, nut-based spreads; food, namely vegetable-based snack foods, nut-based snack foods; food ingredients, namely, vegetable extracts for food, eggs, milk, preserved fruits and vegetables, frozen fruits and vegetables, dried fruits and vegetables, cooked fruits and vegetables; food products, namely, dips, dairy-based dips, meat substitutes, vegetable- and plant-based meat substitutes, fruit-based snack foods, fruit- and nut-based snack bars, nut- and seed-based snack bars, legume-based snack foods, tofu-based snack foods, soya-based snack foods, snacks of processed edible seaweed; edible products, namely, processed edible seeds, not being seasonings or flavorings, edible fats
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: Butter; Margarine; spreads, namely, vegetable spreads, vegetable-based spreads, dairy spreads, dairy-based spreads, low fat dairy spreads; creams, namely sour cream, cream powder, artificial cream, cream alternatives and substitutes, namely, vegetable-based cream, sour cream substitutes; non-dairy milk and cream, namely, rice milk, almond milk, oat milk, coconut milk, soya milk; oils, namely edible oils, cooking oil, nut oil for food, vegetable oils for food, coconut oil and fat for food, animal oils for food, edible oils derived from fish excluding cod-liver oil, soya bean oil for food, seed oils for food, namely, sesame seed oil, rapeseed oil, linseed oil, flavored oils for food, namely, chili oil, olive oil for food, spiced oils for food, butter oil for food, blended oil for food, hydrogenated oils for food, hardened oils for food; spreads, namely, vegetable spreads, vegetable-based spreads, dairy spreads, dairy-based spreads, low fat dairy spreads, cheese spreads, meat spreads, meat-based spreads, nut paste spreads, nut-based spreads; food, namely vegetable-based snack foods, nut-based snack foods; food ingredients, namely, vegetable extracts for food, eggs, milk, preserved fruits and vegetables, frozen fruits and vegetables, dried fruits and vegetables, cooked fruits and vegetables; food products, namely, dips, dairy-based dips, meat substitutes, vegetable- and plant-based meat substitutes, fruit-based snack foods, fruit- and nut-based snack bars, nut- and seed-based snack bars, legume-based snack foods, tofu-based snack foods, soya-based snack foods, snacks of processed edible seaweed; edible products, namely, processed edible seeds, not being seasonings or flavorings, edible fatsClass 029 for Margarine; spreads, namely, vegetable spreads, vegetable-based spreads, dairy spreads, dairy-based spreads, low fat dairy spreads
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.

The applicant's current attorney information: David A. Bell. David A. Bell of HAYNES AND BOONE, LLP, is located at

      2323 VICTORY AVENUE, SUITE 700
      DALLAS, Texas 75219
      US
The docket/reference number is 70698.

The phone number is 214-651-5248.

The fax number is 214-200-0853.

The email address is ipdocketing@haynesboone.com

The applicants proposed attorney information: David A. Bell. Other appointed attorneys are Jeffrey M. Becker; Purvi Patel Albers; Rob LeBlanc; Tiffany Ferris; Mike McArthur; Ellie Sowanick; Katharyn Zagorin; Adam Siegartel; Jennifer Lantz. David A. Bell of HAYNES AND BOONE, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2323 VICTORY AVENUE, SUITE 700
      DALLAS, Texas 75219
      United States
The docket/reference number is 70698.43.

The phone number is 214-651-5248.

The fax number is 214-200-0853.

The email address is ipdocketing@haynesboone.com

David A. Bell submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: DAVID A. BELL. DAVID A. BELL of HAYNES AND BOONE, LLP, is located at

      2323 VICTORY AVENUE, SUITE 700
      DALLAS, Texas 75219
      US
The docket/reference number is 70698.

The phone number is 214-651-5248.

The fax number is 214-200-0853.

The email address is ipdocketing@haynesboone.com

The applicants proposed correspondence information: David A. Bell. David A. Bell of HAYNES AND BOONE, LLP, is located at

      2323 VICTORY AVENUE, SUITE 700
      DALLAS, Texas 75219
      United States
The docket/reference number is 70698.43.

The phone number is 214-651-5248.

The fax number is 214-200-0853.

The email address is ipdocketing@haynesboone.com; mike.mcarthur@haynesboone.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use PROFESSIONAL apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Mike McArthur/     Date: 09/19/2019
Signatory's Name: Mike A. McArthur
Signatory's Position: Associate Attorney, Haynes and Boone, LLP, Texas Bar Member (24092781)

Signatory's Phone Number: 2146515304

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    DAVID A. BELL
   HAYNES AND BOONE, LLP
   
   2323 VICTORY AVENUE, SUITE 700
   DALLAS, Texas 75219
Mailing Address:    David A. Bell
   HAYNES AND BOONE, LLP
   2323 VICTORY AVENUE, SUITE 700
   DALLAS, Texas 75219
        
Serial Number: 88230800
Internet Transmission Date: Thu Sep 19 12:43:06 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-201909191243069085
97-88230800-6101586a9b92052357fdac404687
54fcb62286668359579a5ccd4f86e72ef02c8b-N
/A-N/A-20190919123114730012