| 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 | 88366450 |
| LAW OFFICE ASSIGNED | LAW OFFICE 111 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88366450/mark.png |
| LITERAL ELEMENT | REUSABLE FLY TRAP ADD WATER. SUBTRACT FLIES. FLIES FIND IT FAST LETS FLIES IN, BUT NOT OUT EASY TO REUSE, LESS WASTE |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR(S) CLAIMED (If applicable) |
The color(s) green, gray, light gray, black, red, white, light green and blue is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a design applied to the front of the goods as packaging. The design is applied to the front of the goods and consists of a vertically oriented rectangle where the bottom half of the rectangle consists of a rectangle bisected by a green arch where the top half of the bisected rectangle is in gray color with a series of light gray squares and a light gray arch superimposed on the gray background; with the wording "REUSABLE FLY TRAP ADD WATER. SUBTRACT FLIES. appearing in black color superimposed on the light gray squares and gray background; above the "P" in "TRAP" is a stylized design of a fly in black, white and green with red eyes; the bottom half of the bisected rectangle has a light green background with evenly spaced white dots. Under the green arch and on this light green background, marked with green points are the words, all in black, FLIES FIND IT FAST LETS FLIES IN, BUT NOT OUT EASY TO REUSE, LESS WASTE. The bottom of the light green field fades away and below the fade line the evenly spaced dots fade to blue. To the left of the design is a vertically oriented blue rectangle. |
| ARGUMENT(S) | |
|
In the Office Action dated May 26, 2019, Applicant responds by (1) addressing the Specimen for Class 5 and (2) entering a disclaimer.
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) and as such are registered with the 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. However, because of the attractant in combination with the trap device the Applicant registered, as required, the subject goods with the EPA as a pesticide product. See the attached information from the EPA website, including applicable CFR regulations and the information on regulation and definitions of pesticides from the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). See, Section 152.500(a), which defines a device subject to registration as any product designed to “mitigate any pest [insect].”
Disclaimer
Applicant agrees to the following disclaimer.
No claim can be made to the exclusive right to use "REUSABLE FLY TRAP” apart from the mark as shown.
Applicant has addressed the issues raised in the Office Action and believes the application is now in condition for publication. Applicant respectfully requests that the mark be approved for publication without further delay. Please contact the undersigned Applicant’s attorney with further questions. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_502391710-20190612122803454205_._59028_EPA_Evidence.pdf |
| CONVERTED PDF FILE(S) (5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0003.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0004.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0005.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0006.JPG | |
| ORIGINAL PDF FILE | evi_502391710-20190612122803454205_._59028_eCFR___Code_of_Federal_Regulations.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0007.JPG |
| ORIGINAL PDF FILE | evi_502391710-20190612122803454205_._cide__Fungicide__and_Rodenticide_Act__FIFRA__and_Federal_....pdf |
| CONVERTED PDF FILE(S) (11 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0008.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0009.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0010.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0011.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0012.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0013.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0014.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0015.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0016.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0017.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\883\664\88366450\xml7\ROA0018.JPG | |
| DESCRIPTION OF EVIDENCE FILE | EPA Evidence to support the Class 5 goods in the application |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use REUSABLE FLY TRAP apart from the mark as shown. |
| SIGNATURE SECTION | |
| 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 | 06/12/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jun 12 13:10:36 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 190612131036140546-883664 50-620f6b6da836c34119a584 6dc4348dcd0d62e2bff435f54 3a3d7552ddbfb74a4d9-N/A-N /A-20190612125153006069 |
| 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 26, 2019, Applicant responds by (1) addressing the Specimen for Class 5 and (2) entering a disclaimer.
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) and as such are registered with the 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. However, because of the attractant in combination with the trap device the Applicant registered, as required, the subject goods with the EPA as a pesticide product. See the attached information from the EPA website, including applicable CFR regulations and the information on regulation and definitions of pesticides from the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). See, Section 152.500(a), which defines a device subject to registration as any product designed to “mitigate any pest [insect].”
Disclaimer
Applicant agrees to the following disclaimer.
No claim can be made to the exclusive right to use "REUSABLE FLY TRAP” apart from the mark as shown.
Applicant has addressed the issues raised in the Office Action and believes the application is now in condition for publication. Applicant respectfully requests that the mark be approved for publication without further delay. Please contact the undersigned Applicant’s attorney with further questions.
