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. 88345957 WATER RIGHT CRYSTALS THE RIGHT AMOUNT OF WATER AT THE RIGHT TIME. (Stylized and/or with Design, see http://uspto.report/TM/88345957/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: WATER RIGHT CRYSTALS THE RIGHT AMOUNT OF WATER AT THE RIGHT TIME. (Stylized and/or with Design, see http://uspto.report/TM/88345957/mark.png)
Proposed: WATER RIGHT CRYSTALS THE RIGHT AMOUNT OF WATER AT THE RIGHT TIME (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of The mark consists of a stylized banner and a water drop and two stars on the left side with the wording "WATER RIGHT" above the word "CRYSTALS" to the right. Below the banner is the wording "The right amount of water at the right time".

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Superabsorbent aqueous based polymer compositions
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: Superabsorbent aqueous based polymer compositions; Superabsorbent aqueous based polymer compositions for lawn and garden.Class 001 for Superabsorbent aqueous based polymer compositions for lawn and garden.
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use WATER OR CRYSTALS apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /philipmweiss/     Date: 10/10/2019
Signatory's Name: Philip M. Weiss
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 516-739-1500

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: 88345957
Internet Transmission Date: Thu Oct 10 20:42:41 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910102042418
70591-88345957-6108a2fd93946b38838c3a6ea
d2c765666789872f7cf3fd36c973252d519d63c-
N/A-N/A-20191010201822436059