Response to Office Action

KNOCK! KNOCK!

OMS Investments, Inc.

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 88300427
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://uspto.report/TM/88300427/mark.png
LITERAL ELEMENT KNOCK! KNOCK!
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (031)(current)
INTERNATIONAL CLASS 031
DESCRIPTION Live plants and plant containers
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (031)(proposed)
INTERNATIONAL CLASS 031
TRACKED TEXT DESCRIPTION
Live plants and plant containers; Live plants and plant containers sold containing live plants
FINAL DESCRIPTION Live plants and plant containers sold containing live plants
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Subscription-based service to receive live plants and plant containers
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Subscription-based service to receive live plants and plant containers; Subscription-based order fulfillment service in the fields of live plants and plant containers
FINAL DESCRIPTION
Subscription-based order fulfillment service in the fields of live plants and plant containers
FILING BASIS Section 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Robert J. Morgan/
SIGNATORY'S NAME Robert J. Morgan
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 9375781561
DATE SIGNED 10/18/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Oct 18 11:11:17 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20191018111117363595-8830
0427-61068aeb0562af99cc7b
483b15a60f176c1fd49f7dcd7
c3e9f6917bc63ca07cbff6-N/
A-N/A-2019101810065499140
5



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. 88300427 KNOCK! KNOCK!(Standard Characters, see http://uspto.report/TM/88300427/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 031 for Live plants and plant containers
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: Live plants and plant containers; Live plants and plant containers sold containing live plantsClass 031 for Live plants and plant containers sold containing live plants
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 035 for Subscription-based service to receive live plants and plant containers
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: Subscription-based service to receive live plants and plant containers; Subscription-based order fulfillment service in the fields of live plants and plant containersClass 035 for Subscription-based order fulfillment service in the fields of live plants and plant containers
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.

SIGNATURE(S)
Response Signature
Signature: /Robert J. Morgan/     Date: 10/18/2019
Signatory's Name: Robert J. Morgan
Signatory's Position: Attorney of Record

Signatory's Phone Number: 9375781561

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: 88300427
Internet Transmission Date: Fri Oct 18 11:11:17 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201910181111173
63595-88300427-61068aeb0562af99cc7b483b1
5a60f176c1fd49f7dcd7c3e9f6917bc63ca07cbf
f6-N/A-N/A-20191018100654991405



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