| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88310178 |
| LAW OFFICE ASSIGNED | LAW OFFICE 102 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88310178/mark.png |
| LITERAL ELEMENT | TRADEWINDS HIBISCUS |
| 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 the terms TRADEWINDS and HIBISCUS centered underneath three curved semi-circular shapes stacked from left to right. |
| ARGUMENT(S) | |
|
The Examining Attorney has cited Registration No. 3251136 against this application. The cited registration sets forth a first use date of November 2003 and is therefore significantly junior in time to Applicant Aris Horticulture, Inc.’s rights arising from at least as early as 1997, and thus the cited registrant would use the mark of the cited registration, if at all, junior and subordinateto the longstanding rights of the Applicant. The Applicant is submitting under separate cover documentation or institution of proceedings in relation thereto.
With respect to the Request for Information, for Applicant’s particular variety, the applied-for Mark is not a varietal name. Applicant is not aware of any plant patent, utility patent, or certificate for plant variety protection showing that the mark is indeed the varietal name of Applicant’s goods. |
|
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | Applicant submits the foregoing with the understanding that the same resolves the outstanding action, to the extent it does not, Applicant reverts/refers to the prior state of the application before submission hereof. For purposes of this Application only, Applicant disclaims any exclusive right in the term "HIBISCUS" apart from the mark as shown, but does not thereby relinquish any common law rights in the term nor in the applied for mark. Applicant acknowledges that the Office prints the disclaimer in standard form. |
| ATTORNEY SECTION (current) | |
| NAME | Jennifer L. Whitelaw |
| ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
| YEAR OF ADMISSION | NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
| FIRM NAME | WHITELAW LEGAL GROUP |
| STREET | 3838 TAMIAMI TRAIL NORTH, SUITE 310 |
| CITY | NAPLES |
| STATE | Florida |
| POSTAL CODE | 34103 |
| COUNTRY | US |
| PHONE | 239-262-1001 |
| FAX | 239-261-0057 |
| usptomail@whitelawfirm.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| ATTORNEY SECTION (proposed) | |
| NAME | Jennifer L. Whitelaw |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | WHITELAW LEGAL GROUP |
| STREET | 3838 TAMIAMI TRAIL NORTH, SUITE 310 |
| CITY | NAPLES |
| STATE | Florida |
| POSTAL CODE | 34103 |
| COUNTRY | United States |
| PHONE | 239-262-1001 |
| FAX | 239-261-0057 |
| usptomail@whitelawfirm.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| CORRESPONDENCE SECTION (current) | |
| NAME | JENNIFER L. WHITELAW |
| FIRM NAME | WHITELAW LEGAL GROUP |
| STREET | 3838 TAMIAMI TRAIL NORTH, SUITE 310 |
| CITY | NAPLES |
| STATE | Florida |
| POSTAL CODE | 34103 |
| COUNTRY | US |
| PHONE | 239-262-1001 |
| FAX | 239-261-0057 |
| usptomail@whitelawfirm.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| CORRESPONDENCE SECTION (proposed) | |
| NAME | Jennifer L. Whitelaw |
| FIRM NAME | WHITELAW LEGAL GROUP |
| STREET | 3838 TAMIAMI TRAIL NORTH, SUITE 310 |
| CITY | NAPLES |
| STATE | Florida |
| POSTAL CODE | 34103 |
| COUNTRY | United States |
| PHONE | 239-262-1001 |
| FAX | 239-261-0057 |
| usptomail@whitelawfirm.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /JENNIFER WHITELAW/ |
| SIGNATORY'S NAME | Jennifer L. Whitelaw |
| SIGNATORY'S POSITION | Attorney of Record, Florida Bar Member |
| SIGNATORY'S PHONE NUMBER | 239-262-1001 |
| DATE SIGNED | 11/08/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Nov 08 14:35:37 EST 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0191108143537327416-88310 178-700a098bffc69fdc33db0 e4db80b4ef7afc4468d944fb1 b3342677ddff8414bab2-N/A- N/A-20191108141749600745 |
| 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) |
The Examining Attorney has cited Registration No. 3251136 against this application. The cited registration sets forth a first use date of November 2003 and is therefore significantly junior in time to Applicant Aris Horticulture, Inc.’s rights arising from at least as early as 1997, and thus the cited registrant would use the mark of the cited registration, if at all, junior and subordinateto the longstanding rights of the Applicant. The Applicant is submitting under separate cover documentation or institution of proceedings in relation thereto.
With respect to the Request for Information, for Applicant’s particular variety, the applied-for Mark is not a varietal name. Applicant is not aware of any plant patent, utility patent, or certificate for plant variety protection showing that the mark is indeed the varietal name of Applicant’s goods.