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) |
Input Field |
Entered |
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SERIAL NUMBER | 88232111 |
LAW OFFICE ASSIGNED | LAW OFFICE 104 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88232111/mark.png |
LITERAL ELEMENT | DISPOSABLE FLY TRAP ADD WATER. SUBTRACTFLIES. |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
The color(s) green, yellow green, gray, black, red and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a design applied to the front and back of the goods each contained within a black rectangle. The front in the lower half is divided by a green arch separating a yellow green field from a gray field that includes white squares in the background. The yellow green field is stippled with fine white dots. Over the gray squares are the words "disposable" in black above "fly trap" in larger black font with gray and black edging, over the words "add water. subtract flies." in black. Above the "p" in "trap" is a stylized image of a black, white and green fly with red eyes. In the upper half above the gray and green field is a cross hatch design consisting of black squares against a white background. At the top of the image is a half circle with three images of black scissors. The top half of the image of the back label is a mirror image of the front cross hatch design consisting of black squares against a white background. The lower half of the back image shows a centered gray field containing an illustration with black and white images numbered in light green 1 through 8 illustrating instructions on use of the goods that includes scissors, hands, and water pitcher, below which is a white rectangle. |
ARGUMENT(S) | |
In the Office Action dated July 23, 2019, Applicant responds by (1) submitting additional specimens and (2) amending the description and color claim. An Amendment to Allege Use was submitted to the Trademark Office in this application on May 10, 2019. Applicant respectfully requests the Amendment to Allege Use be accepted with the additional specimens being submitted with this response. The Applicant has addressed and rectified all of the issues raised in the Office Action and respectfully requests that the Examining Attorney withdraw the rejection and approve the mark for publication. If the Examining Attorney has any remaining questions, please contact the attorney of record. |
|
GOODS AND/OR SERVICES SECTION (005)(current) | |
INTERNATIONAL CLASS | 005 |
DESCRIPTION | Biopesticides for domestic use |
FIRST USE ANYWHERE DATE | At least as early as 01/00/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 01/00/2019 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(proposed) | |
INTERNATIONAL CLASS | 005 |
DESCRIPTION | Biopesticides for domestic use |
FIRST USE ANYWHERE DATE | At least as early as 01/00/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 01/00/2019 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\321\88232111\xml16 \ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT 17\882\321\88232111\xml16 \ROA0003.JPG | |
SPECIMEN DESCRIPTION | packaging for the goods bearing the mark showing the half circle with three images of black scissors |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(current) | |
INTERNATIONAL CLASS | 021 |
DESCRIPTION | Fly traps |
FIRST USE ANYWHERE DATE | At least as early as 01/00/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 01/00/2019 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(proposed) | |
INTERNATIONAL CLASS | 021 |
DESCRIPTION | Fly traps |
FIRST USE ANYWHERE DATE | At least as early as 01/00/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 01/00/2019 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\321\88232111\xml16 \ROA0004.JPG |
\\TICRS\EXPORT17\IMAGEOUT 17\882\321\88232111\xml16 \ROA0005.JPG | |
SPECIMEN DESCRIPTION | packaging for the goods bearing the mark showing the half circle with three images of black scissors |
FILING BASIS | Section 1(b) |
ADDITIONAL STATEMENTS SECTION | |
COLOR(S) CLAIMED (If applicable) |
The color(s) green, light green, yellow green, gray, black, red and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a design applied to the front and back of the goods each contained within a black rectangle. The front in the lower half is divided by a green arch separating a yellow green field from a gray field that includes white squares in the background. The yellow green field is stippled with fine white dots. Over the gray squares are the words "disposable" in black above "fly trap" in larger black font with gray and black edging, over the words "add water. subtract flies." in black. Above the "p" in "trap" is a stylized image of a black, white and green fly with red eyes. In the upper half above the gray and green field is a cross hatch design consisting of black squares against a white background. At the top of the image is a half circle with three images of black scissors. The top half of the image of the back label is a mirror image of the front cross hatch design consisting of black squares against a white background with a half circle at the top and images of black scissors. The lower half of the back image shows a centered gray field containing an illustration with black and white images numbered in light green circles 1, 2, 3, 4, 7 and 8 illustrating instructions on use of the goods that includes scissors, hands, and water pitcher, below which is a white rectangle. |
ATTORNEY SECTION (current) | |
NAME | Everett E. Fruehling |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | CHRISTENSEN O'CONNOR JOHNSON KINDNESS |
STREET | 1201 THIRD AVENUE, SUITE 3600 |
CITY | SEATTLE |
STATE | Washington |
POSTAL CODE | 98101 |
COUNTRY | US |
PHONE | 206-682-8100 |
FAX | 206 224 0779 |
efiling@cojk.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | STIL-2-58793 |
ATTORNEY SECTION (proposed) | |
NAME | Everett E. Fruehling |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | CHRISTENSEN O'CONNOR JOHNSON KINDNESS |
STREET | 1201 THIRD AVENUE, SUITE 3600 |
CITY | SEATTLE |
STATE | Washington |
POSTAL CODE | 98101 |
COUNTRY | United States |
PHONE | 206-682-8100 |
FAX | 206 224 0779 |
efiling@cojk.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | STIL-2-58793 |
OTHER APPOINTED ATTORNEY | Jerald E. Nagae, Reg. No. 29,418; George E. Renzoni, Ph.D., Reg. No. 37,919; John D. Denkenberger, Reg. No. 44,060; Everett E. Fruehling; Brandon C. Stallman, Reg. No. 46,468; Laura A. Cruz, Reg. No. 46,649; Ryan E. Dodge, Jr., Reg. No. 42,492; Brian W. Poor, Reg. No. 32,928; Margie B. Aoki, Reg. No. 62,644; Matthew D. Balint, Reg. No. 61,038; Llewellyn Rhys Lawson, Reg. No. 57,869; David P. Sheldon, Reg. No. 62,494; Brian F. McMahon; Melissa A. Nowak, Reg. No. 68,088; B. Casey Fitzpatrick, Reg. No. 66,847, Jadran Adrian Mihailovic, Reg. No. 57,874; James Y. Go, Reg. No. 40,621; and Cory G. Claassen, Reg. No. 50,296; Thomas S. (Stasiu) Nowak, Reg. No. 67,998; Jennifer R. Ashton |
CORRESPONDENCE SECTION (current) | |
NAME | EVERETT E. FRUEHLING |
FIRM NAME | CHRISTENSEN O'CONNOR JOHNSON KINDNESS |
STREET | 1201 THIRD AVENUE, SUITE 3600 |
CITY | SEATTLE |
STATE | Washington |
POSTAL CODE | 98101 |
COUNTRY | US |
PHONE | 206-682-8100 |
FAX | 206 224 0779 |
efiling@cojk.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | STIL-2-58793 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Everett E. Fruehling |
FIRM NAME | CHRISTENSEN O'CONNOR JOHNSON KINDNESS |
STREET | 1201 THIRD AVENUE, SUITE 3600 |
CITY | SEATTLE |
STATE | Washington |
POSTAL CODE | 98101 |
COUNTRY | United States |
PHONE | 206-682-8100 |
FAX | 206 224 0779 |
efiling@cojk.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | STIL-2-58793 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Jennifer R. Ashton/ |
SIGNATORY'S NAME | Jennifer R. Ashton |
SIGNATORY'S POSITION | Of Counsel, Christensen O'Connor Johnson Kindness, Washington State bar member |
SIGNATORY'S PHONE NUMBER | 206 695.1614 |
DATE SIGNED | 09/10/2019 |
RESPONSE SIGNATURE | /Jennifer R. Ashton/ |
SIGNATORY'S NAME | Jennifer R. Ashton |
SIGNATORY'S POSITION | Of Counsel, Christensen O'Connor Johnson Kindness, Washington State bar member |
SIGNATORY'S PHONE NUMBER | 206 695.1614 |
DATE SIGNED | 09/10/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Sep 10 15:55:12 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 190910155512343640-882321 11-610f516205823303544958 a76d9ed48a4c8451998e5c853 6b59816b5ccbfb25c4a-N/A-N /A-20190906184446660912 |
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) |
In the Office Action dated July 23, 2019, Applicant responds by (1) submitting additional specimens and (2) amending the description and color claim.
An Amendment to Allege Use was submitted to the Trademark Office in this application on May 10, 2019. Applicant respectfully requests the Amendment to Allege Use be accepted with the additional specimens being submitted with this response.
The Applicant has addressed and rectified all of the issues raised in the Office Action and respectfully requests that the Examining Attorney withdraw the rejection and approve the mark for publication. If the Examining Attorney has any remaining questions, please contact the attorney of record.
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.