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. 88326619 PACIFIC BOTANICALS (Stylized and/or with Design, see http://uspto.report/TM/88326619/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 030 for Herbs and spices; dried herbs; garden herbs preserved, dried herbs in powdered form; preserved garden herbs as seasonings; spices; spices in the form of powders; natural spices; organic spices; edible spices; processed herbs; spice blends; processed seeds used as a seasoning; seasoning blends; wild harvested herbs and spices; dried sea vegetation for human consumption; dried edible sea vegetation; fresh herbs; raw herbs; herb seeds for planting; unprocessed herbs; fresh culinary herbs; fresh garden herbs; organic fresh herbs; unprocessed kelp; unprocessed seaweed; unprocessed edible seaweed; seaweed, unprocessed for human or animal consumption; vegetable seeds for planting; plant seeds; crop seeds; fruit seeds; seeds for fruits and vegetables; seeds for agricultural purposes; seeds for horticultural purposes; seeds for sowing; fresh fruits and vegetables, fresh herbs; unprocessed edible seeds; edible sea vegetation; unprocessed sea vegetation; dried fruit in powdered form; dried vegetables in powdered form; dried vegetables; dried fruits; processed edible seeds; processed fruit peels; processed roots for human consumption; processed fruits; processed vegetables; processed laver; processed, edible seaweed; dried edible seaweed; dried edible seaweed (wakame); dried wheat grass powder; dried edible sea vegetation in powdered form; dried edible sea vegetation in flake form; sea vegetables; super food powders; bulk seeds for propagation; organic seeds; powdered fruit concentrate; powdered leafs; cherry powdered fruit concentrate, powdered alfalfa; powdered barley grass; barley grass juice powder; beet juice powder; powdered blueberry; cacao powder; chlorella powder; powdered lemon peel; powdered maca; powered nettles; yeast flakes; powdered orange peel; purple dulse; powered rosehips; powdered spinach; spirulina powder; dried berries; processed seaweed; dried fucus tips; organically grown kombu; dried nori; powdered dulse; dried kelp fronds; nori flakes; dulse flakes; powdered sea veggie mix; dried wakame; wakame flakes; processed sea vegetables; fresh sea vegetables; herbs and spices from sea vegetation
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 05/01/1990 and first used in commerce at least as early as 05/01/1990 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Herbs and spices; Dried herbs; garden herbs preserved, dried herbs in powdered form; preserved garden herbs as seasonings; spices; spices in the form of powders; natural spices; organic spices; edible spices; processed herbs; spice blends, dried fruit in powdered form; dried vegetables in powdered form; processed seeds used as a seasoning; dried vegetables; seasoning blends; dried fruits; wild harvested herbs and spices; processed edible seeds; dried sea vegetation for human consumption; processed fruit peels; dried edible sea vegetation; processed roots for human consumption; fresh herbs; processed fruits; raw herbs; processed vegetables; herb seeds for planting; processed laver; unprocessed herbs; processed, edible seaweed; fresh culinary herbs; dried edible seaweed; fresh garden herbs; dried edible seaweed (wakame), cacao powder; organic fresh herbs; dried edible sea vegetation, namely dried edible seaweed, in powdered form; unprocessed kelp; dried edible sea vegetation, namely dried edible seaweed, in flake form; unprocessed seaweed; spice blends; unprocessed edible seaweed; seaweed, unprocessed for human or animal consumption; vegetable seeds for planting; plant seeds; crop seeds; fruit seeds; seeds for fruits and vegetables; seeds for agricultural purposes; seeds for horticultural purposes; seeds for sowing; fresh fruits and vegetables, fresh herbs; unprocessed edible seeds; edible sea vegetation; unprocessed sea vegetation; dried fruit in powdered form; dried edible seaweed (wakame); dried wheat grass powder; dried edible sea vegetation in powdered form; dried edible sea vegetation in flake form; sea vegetables; super food powders; bulk seeds for propagation; organic seeds; powdered fruit concentrate; powdered leafs; cherry powdered fruit concentrate, powdered alfalfa; powdered barley grass; barley grass juice powder; beet juice powder; powdered blueberry; cacao powder; chlorella powder; powdered lemon peel; powdered maca; powered nettles; yeast flakes; powdered orange peel; purple dulse; powered rosehips; powdered spinach; spirulina powder; dried berries; processed seaweed; dried fucus tips; organically grown kombu; dried nori; powdered dulse; dried kelp fronds; nori flakes; dulse flakes; powdered sea veggie mix; dried wakame; wakame flakes; processed sea vegetables; fresh sea vegetables; herbs and spices from sea vegetationClass 030 for Dried herbs; garden herbs preserved, dried herbs in powdered form; preserved garden herbs as seasonings; spices; spices in the form of powders; natural spices; organic spices; edible spices; processed herbs; spice blends, dried fruit in powdered form; dried vegetables in powdered form; dried vegetables; dried fruits; processed edible seeds; processed fruit peels; processed roots for human consumption; processed fruits; processed vegetables; processed laver; processed, edible seaweed; dried edible seaweed; dried edible seaweed (wakame), cacao powder; dried edible sea vegetation, namely dried edible seaweed, in powdered form; dried edible sea vegetation, namely dried edible seaweed, in flake form; spice blends
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 05/01/1990 and first used in commerce at least as early as 05/01/1990 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 031 for Unprocessed herbs and spices; processed seeds for use as a seasoning; fresh herbs; raw herbs; herb seeds for planting; unprocessed herbs; fresh culinary herbs; fresh garden herbs; organic fresh herbs; unprocessed kelp; unprocessed seaweed; seaweed, unprocessed for human or animal consumption; vegetable seeds for planting; plant seeds; crop seeds; fruit seeds; seeds for fruits and vegetables; seeds for agricultural purposes; seeds for horticultural purposes; seeds for sowing; fresh fruits and vegetables, fresh herbs; unprocessed edible seeds; edible sea vegetation; unprocessed sea vegetation; fresh wheat grass powder; alfalfa powder; barley grass powder; beet powder
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 05/01/1990 and first used in commerce at least as early as 05/01/1990 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 031 .
"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].

The applicant's current attorney information: Christopher Erickson. Christopher Erickson of Tonkon Torp LLP, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      US
The docket/reference number is 39440.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

The applicants proposed attorney information: Christopher Erickson. Christopher Erickson of Tonkon Torp LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      United States
The docket/reference number is 39440.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

Christopher Erickson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: Christopher Erickson. Christopher Erickson of Tonkon Torp LLP, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      US
The docket/reference number is 39440.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

The applicants proposed correspondence information: Christopher Erickson. Christopher Erickson of Tonkon Torp LLP, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      United States
The docket/reference number is 39440.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
In response to the Examiner's varietal name inquiries in the Office Action, Applicant asserts that (1) PACIFIC has not been used and will not be used as a varietal or cultivar name; and (2) PACIFIC has not been used and will not be used in connection with a plant patent, utility patent, or certificate for plant-variety protection.


SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
PACIFIC BOTANICALS 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.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Christopher Erickson/      Date: 10/31/2019
Signatory's Name: Christopher Erickson
Signatory's Position: Attorney of record
Signatory's Phone Number: 503-221-1440


Response Signature
Signature: /Christopher Erickson/     Date: 10/31/2019
Signatory's Name: Christopher Erickson
Signatory's Position: Attorney of record

Signatory's Phone Number: 503-221-1440

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.

Mailing Address:    Christopher Erickson
   Tonkon Torp LLP
   
   888 SW FIFTH AVE., SUITE 1600
   PORTLAND, Oregon 97204
Mailing Address:    Christopher Erickson
   Tonkon Torp LLP
   888 SW FIFTH AVE., SUITE 1600
   PORTLAND, Oregon 97204
        
RAM Sale Number: 88326619
RAM Accounting Date: 10/31/2019
        
Serial Number: 88326619
Internet Transmission Date: Thu Oct 31 13:28:07 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191031132807
503729-88326619-700976dd0de7d35cfbdea56e
648b0f88f8336b628a30f7952bd284f3ede6069-
CC-28054295-20191031131820237816