| 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 | 88334992 |
| LAW OFFICE ASSIGNED | LAW OFFICE 111 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88334992/mark.png |
| LITERAL ELEMENT | REUSABLE YELLOWJACKET TRAP |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR(S) CLAIMED (If applicable) |
The color(s) green, light green, yellow, white and black is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of five panels that are folded to form a five sided base that serves as packaging for the goods. Two of the four sides are primarily black with yellow at the bottom and are opposite to each other. The third side panel is yellow with a blank area for product information and/or identification. The fourth panel is primarily green and black with yellow at the bottom divided by a thin black stripe. To the right of the panel is a smaller yellow colored indented panel with a stylized design of a yellowjacket. Next to the design is the word REUSABLE in light green. Below that word are the words YELLOWJACKET TRAP in white letters. Above this panel is a green semicircle which extends into the middle or top panel that is primarily yellow with a circular opening for the goods. |
| ARGUMENT(S) | |
|
In the Office Action dated May 16, 2019, Applicant responds by (1) confirming the mark is two-dimensional and amending the description of the mark, (2) providing additional specimens of the mark and (3) entering a disclaimer.
The Mark is Two-Dimensional The mark applied for is a two-dimensional design of a product label shown flat that will be used as product packaging. The mark description has been amended accordingly as follows. The mark consists of a two dimensional image of product packaging shown flat, which consists of five panels that are folded to form a five sided base that serves as packaging for the goods. Two of the four sides are primarily black with yellow at the bottom and are opposite to each other. The third side panel is yellow with a blank area for product information and/or identification. The fourth panel is primarily green and black with yellow at the bottom divided by a thin black stripe. To the right of the panel is a smaller yellow colored indented panel with a stylized design of a yellowjacket. Next to the design is the word REUSABLE in light green. Below that word are the words YELLOWJACKET TRAP in white letters. Above this panel is a green semicircle which extends into the middle or top panel that is primarily yellow with a circular opening for the goods. Specimen of Use
Applicant respectfully requests the Examining Attorney reconsider the rejection of the specimen submitted in support of registration of the Applicant’s mark for Applicant’s goods in Class 5.
The Examining Attorney rejected the specimen alleging that the specimen does not show use of the mark with biopesticides.
Applicant responds by stating for the record that Applicant’s goods are considered biopesticides by the U.S. Environmental Protection Agency (EPA). Biopesticide products are regulated by the EPA and require EPA approval before they may be sold to the public. As claimed in the application, Applicant’s goods include biopesticides for domestic use. Applicant’s goods are an insect trap as the Examining Attorney notes, but because of the attractant in combination with the trap device it must register with the EPA as a pesticide product. See the attached information from the EPA website.
The Examining Attorney also refused registration of the mark for insect traps in Class 21 because the entire applied for mark does not appear anywhere on the specimen submitted. Applicant responds by submitting additional specimens to show the product packaging in its entirety to respond to the refusal for Class 21.
Attached are images of the mark from all five sides to evidence that the mark as shown in the drawing is used on packaging for the applicant’s goods
Disclaimer
No claim is made to the exclusive right to use “REUSABLE YELLOWJACKET TRAP” apart from the mark as shown.
The Applicant has addressed and rectified all of the issues raised in the Office Action and respectfully requests that the Examining Attorney withdraw the rejection and approve the mark for publication. If the Examining Attorney has any remaining questions, please contact the attorney of record. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_502391710-20190524155630243589_._58841_EPA_Evidence.pdf |
| CONVERTED PDF FILE(S) (5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\349\88334992\xml6\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\883\349\88334992\xml6\ROA0003.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\349\88334992\xml6\ROA0004.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\349\88334992\xml6\ROA0005.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\349\88334992\xml6\ROA0006.JPG | |
| DESCRIPTION OF EVIDENCE FILE | EPA Evidence to support the Class 5 goods in the application |
| GOODS AND/OR SERVICES SECTION (005)(no change) | |
| GOODS AND/OR SERVICES SECTION (021)(current) | |
| INTERNATIONAL CLASS | 021 |
| DESCRIPTION | Insect Traps |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 03/00/2016 |
| FIRST USE IN COMMERCE DATE | At least as early as 03/00/2016 |
| GOODS AND/OR SERVICES SECTION (021)(proposed) | |
| INTERNATIONAL CLASS | 021 |
| DESCRIPTION | Insect Traps |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 03/00/2016 |
| FIRST USE IN COMMERCE DATE | At least as early as 03/00/2016 |
| STATEMENT TYPE | "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]. |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\883\349\88334992\xml6\ ROA0007.JPG |
| \\TICRS\EXPORT17\IMAGEOUT 17\883\349\88334992\xml6\ ROA0008.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT 17\883\349\88334992\xml6\ ROA0009.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT 17\883\349\88334992\xml6\ ROA0010.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT 17\883\349\88334992\xml6\ ROA0011.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT 17\883\349\88334992\xml6\ ROA0012.JPG | |
| SPECIMEN DESCRIPTION | photos showing use of the mark on the goods |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use REUSABLE YELLOWJACKET TRAP apart from the mark as shown. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a two dimensional image of product packaging shown flat, which consists of five panels that are folded to form a five sided base that serves as packaging for the goods. Two of the four sides are primarily black with yellow at the bottom and are opposite to each other. The third side panel is yellow with a blank area for product information and/or identification. The fourth panel is primarily green and black with yellow at the bottom divided by a thin black stripe. To the right of the panel is a smaller yellow colored indented panel with a stylized design of a yellowjacket. Next to the design is the word REUSABLE in light green. Below that word are the words YELLOWJACKET TRAP in white letters. Above this panel is a green semicircle which extends into the middle or top panel that is primarily yellow with a circular opening for the goods. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Everett E. Fruehling/ |
| SIGNATORY'S NAME | Everett E. Fruehling |
| SIGNATORY'S POSITION | Attorney of Record, Washington State bar member |
| SIGNATORY'S PHONE NUMBER | 206.695.1743 |
| DATE SIGNED | 05/24/2019 |
| RESPONSE SIGNATURE | /Everett E. Fruehling/ |
| SIGNATORY'S NAME | Everett E. Fruehling |
| SIGNATORY'S POSITION | Attorney of Record, Washington State Bar Member |
| SIGNATORY'S PHONE NUMBER | 206.695.1743 |
| DATE SIGNED | 05/24/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri May 24 17:05:01 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 190524170501790369-883349 92-6201b40e6c4e6dee8cd983 f76893e59753984d233d55d86 7d6599533f83accc79f7-N/A- N/A-20190524155630243589 |
| 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) |
In the Office Action dated May 16, 2019, Applicant responds by (1) confirming the mark is two-dimensional and amending the description of the mark, (2) providing additional specimens of the mark and (3) entering a disclaimer.
The Mark is Two-Dimensional
The mark applied for is a two-dimensional design of a product label shown flat that will be used as product packaging. The mark description has been amended accordingly as follows.
The mark consists of a two dimensional image of product packaging shown flat, which consists of five panels that are folded to form a five sided base that serves as packaging for the goods. Two of the four sides are primarily black with yellow at the bottom and are opposite to each other. The third side panel is yellow with a blank area for product information and/or identification. The fourth panel is primarily green and black with yellow at the bottom divided by a thin black stripe. To the right of the panel is a smaller yellow colored indented panel with a stylized design of a yellowjacket. Next to the design is the word REUSABLE in light green. Below that word are the words YELLOWJACKET TRAP in white letters. Above this panel is a green semicircle which extends into the middle or top panel that is primarily yellow with a circular opening for the goods.
Specimen of Use
Applicant respectfully requests the Examining Attorney reconsider the rejection of the specimen submitted in support of registration of the Applicant’s mark for Applicant’s goods in Class 5.
The Examining Attorney rejected the specimen alleging that the specimen does not show use of the mark with biopesticides.
Applicant responds by stating for the record that Applicant’s goods are considered biopesticides by the U.S. Environmental Protection Agency (EPA). Biopesticide products are regulated by the EPA and require EPA approval before they may be sold to the public. As claimed in the application, Applicant’s goods include biopesticides for domestic use. Applicant’s goods are an insect trap as the Examining Attorney notes, but because of the attractant in combination with the trap device it must register with the EPA as a pesticide product. See the attached information from the EPA website.
The Examining Attorney also refused registration of the mark for insect traps in Class 21 because the entire applied for mark does not appear anywhere on the specimen submitted. Applicant responds by submitting additional specimens to show the product packaging in its entirety to respond to the refusal for Class 21.
Attached are images of the mark from all five sides to evidence that the mark as shown in the drawing is used on packaging for the applicant’s goods
Disclaimer
No claim is made to the exclusive right to use “REUSABLE YELLOWJACKET TRAP” apart from the mark as shown.
The Applicant has addressed and rectified all of the issues raised in the Office Action and respectfully requests that the Examining Attorney withdraw the rejection and approve the mark for publication. If the Examining Attorney has any remaining questions, please contact the attorney of record.
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.
