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. 88266795 BETTER THAN ORGANIC(Standard Characters, see http://uspto.report/TM/88266795/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: BETTER THAN ORGANIC(Standard Characters, see http://uspto.report/TM/88266795/mark.png)
Proposed (USPTO generated image): Better than organic (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

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

Specimen as shown in commerce included with body copy on webpage at smartnute.com/smartnute2 . The substitute was in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.

EVIDENCE
Evidence in the nature of "Better than organic" specimen is included with partial copy from webpage at smartnute.com/smartnute2 has been attached.
Original PDF file:
evi_7120317147-20190415102650345399_._USPTO_4-15-19.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Plant food
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/05/2015 and first used in commerce at least as early as 03/05/2015 , and is now in use in such commerce.

Proposed: Class 001 for Plant food
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/05/2015 and first used in commerce at least as early as 03/05/2015 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 001 . The specimen(s) submitted consists of Specimen includes identifying copy on webpage at smartnute.com/smartnute2 .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-7120317147-20190415102650345399_._USPTO_4-15-19.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Roberts Gary L., DBA SmartNute, a sole proprietorship legally organized under the laws of Florida, comprising of Lee Roberts, USA, having an address of
      
      2724 Temple St.2724 Temple St.
      Sarasota, Florida 34239
      United States

      XXXX (authorized)
      941-552-8248 x34239
Proposed: Roberts Gary L., DBA Roberts Gary L., a citizen of United States, having an address of
      2724 Temple St.
      2724 Temple St.
      Sarasota, Florida 34239
      United States
      XXXX (authorized)
      941-552-8248 x34239

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Lee Roberts/      Date: 04/15/2019
Signatory's Name: Lee Roberts
Signatory's Position: owner
Signatory's Phone Number: 9415528248


Response Signature
Signature: /Lee Roberts/     Date: 04/15/2019
Signatory's Name: Lee Roberts
Signatory's Position: owner

Signatory's Phone Number: 9415528248

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88266795
Internet Transmission Date: Mon Apr 15 11:02:14 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019041511021462
4445-88266795-62038e99a2bbda34a15312573d
f657d842affd925e0992beb3b3f23a274a8d-N/A
-N/A-20190415102650345399