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 |
88233417 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88233417/mark.png |
LITERAL ELEMENT |
ENTERRA |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a line that is intertwined on itself to form four loops that are suggestive of a highly-stylized winged insect, all
surrounded by a circular border, to the right of which is the term ENTERRA. |
GOODS AND/OR SERVICES SECTION (001)(current) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
Fertilizers and manure; biofertilizers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
GOODS AND/OR SERVICES SECTION (001)(proposed) |
INTERNATIONAL CLASS |
001 |
TRACKED TEXT DESCRIPTION |
Fertilizers and manure; biofertilizers; non-chemical biofertilizers |
FINAL DESCRIPTION |
Fertilizers and manure; non-chemical biofertilizers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Insect oil for cosmetics; topical and skin applications for humans and animals; soaps |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Insect oil for cosmetics; Cosmetic oil, namely, insect oil for
cosmetics; topical and skin applications for humans and animals; skin and body topical lotions, cream and oils, all for
humans and animals, and all for cosmetic use; soaps; cosmetic soaps |
FINAL DESCRIPTION |
Cosmetic oil, namely, insect oil for cosmetics; skin and body topical lotions, cream and oils, all for humans and animals, and all for
cosmetic use; cosmetic soaps |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (004)(current) |
INTERNATIONAL CLASS |
004 |
DESCRIPTION |
Insect oil for candles; candles |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
GOODS AND/OR SERVICES SECTION (004)(proposed) |
INTERNATIONAL CLASS |
004 |
TRACKED TEXT DESCRIPTION |
Insect oil for candles; Candles |
FINAL DESCRIPTION |
Candles |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (029)(current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Insect oil for food; insect oil for use to coat or mix into animal food pellets and fish food pellets; insects for human food; insects
for wild bird food |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
GOODS AND/OR SERVICES SECTION (029)(proposed) |
INTERNATIONAL CLASS |
029 |
TRACKED TEXT DESCRIPTION |
Insect oil for food; insect oil for use to coat or mix into animal food
pellets and fish food pellets; edible oil, namely, insect oil for use to coat or mix into animal food pellets and fish food pellets; insects for human food; edible, not live insects for human food; insects for wild bird food;
edible, not live insects, for wild bird food; edible oil, namely, insect oil for wild bird food |
FINAL DESCRIPTION |
Insect oil for food; edible oil, namely, insect oil for use to coat or mix into animal food pellets and fish food pellets; edible, not
live insects for human food; edible, not live insects, for wild bird food; edible oil, namely, insect oil for wild bird food |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (031)(current) |
INTERNATIONAL CLASS |
031 |
DESCRIPTION |
Animal feed; poultry feed; swine feed; cattle feed; fish food; food for pets; edible treats for pets; fly larvae for use as animal
feed, poultry feed, fish food, and food and treats for pets; fly larvae meal for animal consumption; live edible insects; insects (whole, meal and oil) for wild bird food |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
GOODS AND/OR SERVICES SECTION (031)(proposed) |
INTERNATIONAL CLASS |
031 |
TRACKED TEXT DESCRIPTION |
Animal feed; poultry feed; swine feed; cattle feed; fish food; food for pets; edible treats for pets; fly larvae
for use as animal feed, poultry feed, fish food, and food and treats for pets; fly larvae for use as animal feed, poultry feed, fish food, and pet food and
edible treats for pets; fly larvae meal for animal consumption; live edible insects; insects (whole, meal
and oil) for wild bird food; edible, live insects, whole, and as a meal for wild bird food |
FINAL DESCRIPTION |
Animal feed; poultry feed; swine feed; cattle feed; fish food; food for pets; edible treats for pets; fly larvae for use as animal
feed, poultry feed, fish food, and pet food and edible treats for pets; fly larvae meal for animal consumption; live edible insects; edible, live insects, whole, and as a meal for wild bird food |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1931861 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
11/21/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The subject action requires submission of the Certificate of Registration to emanate from the Canadian application upon which Applicant's
claim of priority of the subject application is based to support the intended Section 44(e) basis for registration. Applicant advises the Examining Attorney that it continues to intend to rely on the
Section 44(e) registration basis and that the Canadian application upon which Applicant's claim of priority is based is still pending and has not yet matured to registration. In light thereof,
Applicant requests that further action on its application be suspended pending issuance of the Canadian Certificate of Registration. |
ATTORNEY SECTION (current) |
NAME |
Arlene D. Hanks |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
MOORE & VAN ALLEN PLLC |
INTERNAL ADDRESS |
SUITE 4700 |
STREET |
100 NORTH TRYON STREET |
CITY |
CHARLOTTE |
STATE |
North Carolina |
POSTAL CODE |
28202-4003 |
COUNTRY |
US |
PHONE |
704-331-1000 |
FAX |
704-331-1159 |
EMAIL |
adh-ptotmcorrespondence@mvalaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
044756-002 |
ATTORNEY SECTION (proposed) |
NAME |
Arlene D. Hanks |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
MOORE & VAN ALLEN PLLC |
INTERNAL ADDRESS |
SUITE 4700 |
STREET |
100 NORTH TRYON STREET |
CITY |
CHARLOTTE |
STATE |
North Carolina |
POSTAL CODE |
28202-4003 |
COUNTRY |
United States |
PHONE |
919-286-8078 |
FAX |
704-331-1159 |
EMAIL |
arlenehanks@mvalaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
044756-002 |
OTHER APPOINTED ATTORNEY |
Kathryn W. Bina, Kathryn G. Cole, Jeffrey R. Gray, Chris Knors, Dickson M. Lupo, W. Kevin Ransom, Ellen A. Rubel, Samantha N.
Skains-Menchaca, John E. Slaughter, III, Peter B. Stewart, Henry B. Ward, III, F. Emmett Weindruch and J. Mark Wilson |
CORRESPONDENCE SECTION (current) |
NAME |
ARLENE D. HANKS |
FIRM NAME |
MOORE & VAN ALLEN PLLC |
INTERNAL ADDRESS |
SUITE 4700 |
STREET |
100 NORTH TRYON STREET |
CITY |
CHARLOTTE |
STATE |
North Carolina |
POSTAL CODE |
28202-4003 |
COUNTRY |
US |
PHONE |
704-331-1000 |
FAX |
704-331-1159 |
EMAIL |
adh-ptotmcorrespondence@mvalaw.com; arlenehanks@mvalaw.com; iplaw@mvalaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
044756-002 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Arlene D. Hanks |
FIRM NAME |
MOORE & VAN ALLEN PLLC |
INTERNAL ADDRESS |
SUITE 4700 |
STREET |
100 NORTH TRYON STREET |
CITY |
CHARLOTTE |
STATE |
North Carolina |
POSTAL CODE |
28202-4003 |
COUNTRY |
United States |
PHONE |
919-286-8078 |
FAX |
704-331-1159 |
EMAIL |
arlenehanks@mvalaw.com; ADH-PTOTMCorrespondence@mvalaw.com; iplaw@mvalaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
044756-002 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/arlenedhanks/ |
SIGNATORY'S NAME |
Arlene D. Hanks |
SIGNATORY'S POSITION |
Attorney of Record, North Carolina Bar Member |
SIGNATORY'S PHONE NUMBER |
919-286-8078 |
DATE SIGNED |
09/12/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Sep 12 16:15:16 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190912161516900267-8823
3417-6103d5c8cece2a33836d
8d9928640ffcc13f994af8c11
d44173c471a745087f4cc-N/A
-N/A-20190912160107155043 |
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.
88233417 ENTERRA (Stylized and/or with Design, see http://uspto.report/TM/88233417/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 001 for Fertilizers and manure; biofertilizers
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Fertilizers and manure;
biofertilizers;
non-chemical
biofertilizersClass 001 for Fertilizers and manure; non-chemical biofertilizers
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Insect oil for cosmetics; topical and skin applications for humans and animals; soaps
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Insect oil for cosmetics;
Cosmetic oil, namely, insect oil for cosmetics;
topical and skin applications for humans and animals;
skin and body topical lotions, cream and oils, all for humans and animals, and all for
cosmetic use;
soaps;
cosmetic soapsClass 003 for Cosmetic oil, namely, insect oil for cosmetics; skin and body
topical lotions, cream and oils, all for humans and animals, and all for cosmetic use; cosmetic soaps
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 004 for Insect oil for candles; candles
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Insect oil for candles;
CandlesClass 004 for Candles
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Insect oil for food; insect oil for use to coat or mix into animal food pellets and fish food pellets; insects for human food; insects for wild bird food
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Insect oil for food;
insect oil for use to coat or mix into animal food pellets and fish food pellets;
edible oil, namely, insect oil for use to coat or mix into animal food pellets and fish food pellets;
insects for human
food;
edible, not live insects for human food;
insects for wild bird food;
edible,
not live insects, for wild bird food;
edible oil, namely, insect oil for wild bird foodClass 029 for Insect oil for food; edible oil, namely, insect oil
for use to coat or mix into animal food pellets and fish food pellets; edible, not live insects for human food; edible, not live insects, for wild bird food; edible oil, namely, insect oil for wild
bird food
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Animal feed; poultry feed; swine feed; cattle feed; fish food; food for pets; edible treats for pets; fly larvae for use as animal feed, poultry feed, fish food, and
food and treats for pets; fly larvae meal for animal consumption; live edible insects; insects (whole, meal and oil) for wild bird food
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Animal feed;
poultry feed;
swine feed;
cattle feed;
fish food;
food for pets;
edible treats for pets;
fly larvae for use as animal feed,
poultry feed, fish food, and food and treats for pets;
fly larvae for use as animal feed, poultry feed, fish food, and pet food and edible treats for pets;
fly larvae meal for animal consumption;
live edible insects;
insects (whole, meal and oil) for wild bird
food;
edible, live insects, whole, and as a meal for wild bird foodClass 031 for Animal feed; poultry feed; swine feed; cattle feed; fish food; food for
pets; edible treats for pets; fly larvae for use as animal feed, poultry feed, fish food, and pet food and edible treats for pets; fly larvae meal for animal consumption; live edible insects; edible,
live insects, whole, and as a meal for wild bird food
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1931861 filed 11/21/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
The applicant's current attorney information: Arlene D. Hanks. Arlene D. Hanks of MOORE & VAN ALLEN PLLC, is located at
SUITE 4700
100 NORTH TRYON STREET
CHARLOTTE, North Carolina 28202-4003
US
The docket/reference number is 044756-002.
The phone number is 704-331-1000.
The fax number is 704-331-1159.
The email address is adh-ptotmcorrespondence@mvalaw.com
The applicants proposed attorney information: Arlene D. Hanks. Other appointed attorneys are Kathryn W. Bina, Kathryn G. Cole, Jeffrey R. Gray, Chris Knors, Dickson M. Lupo, W. Kevin Ransom, Ellen A.
Rubel, Samantha N. Skains-Menchaca, John E. Slaughter, III, Peter B. Stewart, Henry B. Ward, III, F. Emmett Weindruch and J. Mark Wilson. Arlene D. Hanks of MOORE & VAN ALLEN PLLC, is a
member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
SUITE 4700
100 NORTH TRYON STREET
CHARLOTTE, North Carolina 28202-4003
United States
The docket/reference number is 044756-002.
The phone number is 919-286-8078.
The fax number is 704-331-1159.
The email address is arlenehanks@mvalaw.com
Arlene D. Hanks 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: ARLENE D. HANKS. ARLENE D. HANKS of MOORE & VAN ALLEN PLLC, is located at
SUITE 4700
100 NORTH TRYON STREET
CHARLOTTE, North Carolina 28202-4003
US
The docket/reference number is 044756-002.
The phone number is 704-331-1000.
The fax number is 704-331-1159.
The email address is adh-ptotmcorrespondence@mvalaw.com; arlenehanks@mvalaw.com; iplaw@mvalaw.com
The applicants proposed correspondence information: Arlene D. Hanks. Arlene D. Hanks of MOORE & VAN ALLEN PLLC, is located at
SUITE 4700
100 NORTH TRYON STREET
CHARLOTTE, North Carolina 28202-4003
United States
The docket/reference number is 044756-002.
The phone number is 919-286-8078.
The fax number is 704-331-1159.
The email address is arlenehanks@mvalaw.com; ADH-PTOTMCorrespondence@mvalaw.com; iplaw@mvalaw.com
ADDITIONAL STATEMENTS
Miscellaneous Statement
The subject action requires submission of the Certificate of Registration to emanate from the Canadian application upon which Applicant's claim of priority of the subject application is based to
support the intended Section 44(e) basis for registration. Applicant advises the Examining Attorney that it continues to intend to rely on the Section 44(e) registration basis and that the Canadian
application upon which Applicant's claim of priority is based is still pending and has not yet matured to registration. In light thereof, Applicant requests that further action on its application be
suspended pending issuance of the Canadian Certificate of Registration.
SIGNATURE(S)
Response Signature
Signature: /arlenedhanks/ Date: 09/12/2019
Signatory's Name: Arlene D. Hanks
Signatory's Position: Attorney of Record, North Carolina Bar Member
Signatory's Phone Number: 919-286-8078
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: ARLENE D. HANKS
MOORE & VAN ALLEN PLLC
SUITE 4700
100 NORTH TRYON STREET
CHARLOTTE, North Carolina 28202-4003
Mailing Address: Arlene D. Hanks
MOORE & VAN ALLEN PLLC
SUITE 4700
100 NORTH TRYON STREET
CHARLOTTE, North Carolina 28202-4003
Serial Number: 88233417
Internet Transmission Date: Thu Sep 12 16:15:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909121615169
00267-88233417-6103d5c8cece2a33836d8d992
8640ffcc13f994af8c11d44173c471a745087f4c
c-N/A-N/A-20190912160107155043