Response to Office Action

AG GAS C

The Agricultural Gas Company

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 88287779
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88287779/mark.png
LITERAL ELEMENT AG GAS C
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 design depicting two leaf shapes on top of one leaf shape on the left and a hexagon shape with the letter "C" in it, followed by the words "AG Gas".
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 044
DESCRIPTION
Agriculture services, horticulture services, consultancy services relating to agriculture and horticulture; agricultural services relating to environmental conservation, plant cultivation, and pest control
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2013
        FIRST USE IN COMMERCE DATE At least as early as 01/01/2014
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 044
TRACKED TEXT DESCRIPTION
Agriculture services, horticulture services, consultancy services relating to agriculture and horticulture; Horticulture services, consultancy services relating to agriculture and horticulture; agricultural services relating to environmental conservation, plant cultivation, and pest control; agricultural services, namely, spraying of CO2 that promotes water conservation, plant cultivation and pest control.
FINAL DESCRIPTION
Horticulture services, consultancy services relating to agriculture and horticulture; agricultural services, namely, spraying of CO2 that promotes water conservation, plant cultivation and pest control.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2013
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2014
ADDITIONAL STATEMENTS SECTION
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use AG GAS has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
SIGNATURE SECTION
RESPONSE SIGNATURE /Carol N. Skinner/
SIGNATORY'S NAME Carol N. Skinner
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 715-386-5800
DATE SIGNED 05/28/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue May 28 13:05:53 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XXX-20
190528130553531898-882877
79-6208868e79ebeca3ca778c
5bbb91115a9f26bdf93db3179
1f547c888c13673e-N/A-N/A-
20190528111222136645



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. 88287779 AG GAS C (Stylized and/or with Design, see http://uspto.report/TM/88287779/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 044 for Agriculture services, horticulture services, consultancy services relating to agriculture and horticulture; agricultural services relating to environmental conservation, plant cultivation, and pest control
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 01/01/2013 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Agriculture services, horticulture services, consultancy services relating to agriculture and horticulture; Horticulture services, consultancy services relating to agriculture and horticulture; agricultural services relating to environmental conservation, plant cultivation, and pest control; agricultural services, namely, spraying of CO2 that promotes water conservation, plant cultivation and pest control.Class 044 for Horticulture services, consultancy services relating to agriculture and horticulture; agricultural services, namely, spraying of CO2 that promotes water conservation, plant cultivation and pest control.
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 01/01/2013 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
AG GAS has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Response Signature
Signature: /Carol N. Skinner/     Date: 05/28/2019
Signatory's Name: Carol N. Skinner
Signatory's Position: Attorney of Record

Signatory's Phone Number: 715-386-5800

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88287779
Internet Transmission Date: Tue May 28 13:05:53 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190528130553531
898-88287779-6208868e79ebeca3ca778c5bbb9
1115a9f26bdf93db31791f547c888c13673e-N/A
-N/A-20190528111222136645



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