Response to Office Action

ENTERRA

ENTERRA FEED CORPORATION

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 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



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