To: | Millborn Seeds, Inc. (bvg@kcpatentlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88346667 - PRIMAL - 3105.2 |
Sent: | September 24, 2019 02:40:06 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88346667
Mark: PRIMAL
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Correspondence Address: |
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Applicant: Millborn Seeds, Inc.
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Reference/Docket No. 3105.2
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: September 24, 2019
Introduction
This action is in response to applicant’s response of August 28, 2019.
In an Office action dated June 6th, 2019, registration was refused based on Trademark Act Section 2(d) for a likelihood of confusion with three registered marks, a potential for likelihood of confusion with three prior filed applications, and the applied for mark being a varietal name. Applicant was also required to provide information about the mark.
Based on applicant’s response, the information requirement has been satisfied. See TMEP §§713.02
The remaining issues are addressed in the amendment below.
Application has been amended as shown below. As agreed to by Blake Vande Garde on September 24, 2019, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
Amended Identification of Goods
The identification of goods is amended to read as follows:
Class 31: Wildlife seed mixtures excluding alfalfa, cucumis melo L, and phaseolus vulgaris L. seeds, namely, seeds for wildlife plantings used by hunters to develop forage stands and seed mixtures for food plots to feed and attract game animals for hunting purposes
See TMEP §§1402.01, 1402.01(e).
Please call or email the assigned trademark examining attorney with questions about this notification. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the issue(s) raised. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
Dinisha Nitkin
/dn/
Examining Attorney
Law Office 110
(571) 272-0212
dinisha.nitkin@uspto.gov