Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88247048 ECONET(Standard Characters, see http://uspto.report/TM/88247048/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 024 for Greenhouse ventilation screen designed for insect control

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 017 for Plastics (semi-manufactured) and plastic foils, namely, plastic screen for agricultural and horticulture purposes
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Plastics (semi-manufactured) and plastic foils, namely, plastic screen for agricultural and horticulture purposes; Semi-manufactured plastics and plastic foils for use in further manufacturing plastic screening for agricultural and horticulture purposesClass 017 for Semi-manufactured plastics and plastic foils for use in further manufacturing plastic screening for agricultural and horticulture purposes
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 022 for Insect repellent screen of textiles or synthetic materials for use in agriculture and horticulture
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Insect repellent screen of textiles or synthetic materials for use in agriculture and horticulture; Insect repellent screening of textiles or synthetic materials for use in agriculture and horticultureClass 022 for Insect repellent screening of textiles or synthetic materials for use in agriculture and horticulture
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 019 (Original Class: 024 ) for Non-metal insect repellent screening made of textiles or synthetic materials for use in agriculture, horticulture, and in greenhouse ventilation systems
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney requests additional information describing the goods, how they are used, how they operate, their salient features, and their prospective customers and channels of trade. She also requests images of the product. The Applicant provides the requested information and materials hereinbelow and attached hereto and made a part of this Response. · The Goods: ECONET insect control screening is sold on a roll like fabric. It is used to make greenhouses. It keeps harmful insects outside the greenhouse and useful insects inside, while allowing maximum ventilation. ECONET insect control screening is made with fine yarns that effectively increase airflow capacity. ECONET screening allows for maximum ventilation without compromising insect control. It is available in different hole sizes. ECONET screening is sold with hole sizes based on measurements taken from real insects and, thanks to the uniform weaving process, hole sizes are consistent across the entire screen. It provides a secure barrier against even the smallest insects. ECONET screening is designed for exceptional performance and long service life; it is UV stable and highly resistant - providing a durable insect control solution. · How the Goods Are Used: ECONET screening is used in the agricultural and horticultural context primarily for insect control in greenhouses. · Photographs: The attached images show: (1) ECONET screening on a roll (like a fabric) with the ECONET mark affixed to the label on external wrapping; (2) a closeup of ECONET screening; (3) ECONET screening incorporated into a greenhouse structure by a customer; and (4) webpage captures from the Applicant's website (ludvigsvensson.com) describing the ECONET product, its benefits, and providing a means to contact the Applicant to obtain more information and discuss purchasing ECONET product. · How the Goods Operate: ECONET is used as a mesh-like screening barrier to exclude insects from greenhouses. · Salient Features of the Goods -- Made with fine yarns that effectively increase airflow capacity, ECONET allows for maximum ventilation without compromising insect control. Available in different hole sizes, ECONET provides a secure barrier against even the smallest insects. · Prospective Customers: Floriculture and Vegetable (tomato, pepper, cucumber) greenhouse growers who need pest exclusion (primary insects include thrips, whiteflies, aphids) in the greenhouse production area. · Channels of Trade: Partner Distribution channels include greenhouse builders and installers involved in new construction and/or retrofitting of greenhouses.

JPG file(s):
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Original PDF file:
mis-76187198106-20190919125823755217_._00299594.PDF
Converted PDF file(s) ( 3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3

SIGNATURE(S)
Response Signature
Signature: /feliciagtraub/     Date: 09/19/2019
Signatory's Name: Felicia G. Traub, Esq.
Signatory's Position: Attorney of Record, Member in good standing of New York and Texas Bars

Signatory's Phone Number: 18442854263 ext 724

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.

        
Serial Number: 88247048
Internet Transmission Date: Thu Sep 19 13:13:55 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909191313556
05747-88247048-61085d67494ec8528c827acf6
19b7d7a4a503295d7ad29db1975aa02abe1893ad
-N/A-N/A-20190919125823755217