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)

---

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. 88371878 SPEARHEAD(Standard Characters, see http://uspto.report/TM/88371878/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of argument text and Exhibit A and B has been attached.
Original PDF file:
evi_209236102200-20191022160711847652_._SPEARHEAD_-_Response_to_Office_Action.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_209236102200-20191022160711847652_._Spearhead_-_Exhibit_A_-_definitions.pdf
Converted PDF file(s) ( 25 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Original PDF file:
evi_209236102200-20191022160711847652_._Spearhead_-_Exhibit_B_-_Third_party_uses_and_regs.pdf
Converted PDF file(s) ( 22 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Agricultural chemicals, except fungicides, herbicides, insecticides and parasiticides; horticultural chemicals, except fungicides, herbicides, insecticides and parasiticides; biochemicals, biologicals, additives, fertilizers and nutrients for agricultural and horticultural use; microbial formulations for use in agriculture to improve plant and soil quality; microbial formulations for stimulation of growth and management of disease in plants, trees and vines; biological preparations for use in agriculture and horticulture to improve plant and soil quality; soil additives for agricultural use; biological preparations for the treatment of seeds for use in agriculture and horticulture; nutritive additive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization; plant nutrition preparations
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: Agricultural chemicals, except fungicides, herbicides, insecticides and parasiticides; horticultural chemicals, except fungicides, herbicides, insecticides and parasiticides; biochemicals, biologicals, additives, fertilizers and nutrients for agricultural and horticultural use; biochemicals, biologicals preparations, chemical additives, fertilizers and plant nutrients for agricultural and horticultural use; microbial formulations for use in agriculture to improve plant and soil quality; microbial formulations for stimulation of growth and management of disease in plants, trees and vines; biological preparations for use in agriculture and horticulture to improve plant and soil quality; soil additives for agricultural use; biological preparations for the treatment of seeds for use in agriculture and horticulture; nutritive additive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization; plant nutrition preparations; providing information in the field of chemicals, biochemicals, biological preparations, chemical additives, fertilizers and plant nutrients for agricultural and horticultural useClass 001 for Agricultural chemicals, except fungicides, herbicides, insecticides and parasiticides; horticultural chemicals, except fungicides, herbicides, insecticides and parasiticides; biochemicals, biologicals preparations, chemical additives, fertilizers and plant nutrients for agricultural and horticultural use; microbial formulations for use in agriculture to improve plant and soil quality; microbial formulations for stimulation of growth and management of disease in plants, trees and vines; biological preparations for use in agriculture and horticulture to improve plant and soil quality; soil additives for agricultural use; biological preparations for the treatment of seeds for use in agriculture and horticulture; nutritive additive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization; plant nutrition preparations; providing information in the field of chemicals, biochemicals, biological preparations, chemical additives, fertilizers and plant nutrients for agricultural and horticultural use
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.

The applicant's current attorney information: Stephanie A. Gumm. Stephanie A. Gumm of FAEGRE BAKER DANIELS LLP, is located at

      300 NORTH MERIDIAN STREET, SUITE 2700
      INDIANAPOLIS, Indiana 46204
      US
The docket/reference number is 516456.3.

The phone number is 317-237-1423.

The fax number is 317-237-8443.

The email address is trademark@faegrebd.com

The applicants proposed attorney information: Stephanie A. Gumm. Other appointed attorneys are Emily A. Bayton, Jared B. Briant, Amie Peele Carter, Jodi A. DeSchane, Stephanie A. Gumm, Brian D. Lefort, Calvin L. Litsey, David R. Merritt, Louis T. Perry, Patricia I. Reding, Peter M. Routhier, James J. Saul, Abrahim J. Shanehsaz, James R. Steffen, and Gary S. Weinstein. Stephanie A. Gumm of Faegre Baker Daniels LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      300 North Meridian Street, Suite 2700
      Indianapolis, Indiana 46204-1750
      United States
The docket/reference number is 516456.3.

The phone number is 317-237-1423.

The fax number is 317-237-1000.

The email address is trademark@faegrebd.com

Stephanie A. Gumm 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: STEPHANIE A. GUMM. STEPHANIE A. GUMM of FAEGRE BAKER DANIELS LLP, is located at

      300 NORTH MERIDIAN STREET, SUITE 2700
      INDIANAPOLIS, Indiana 46204
      US
The docket/reference number is 516456.3.

The phone number is 317-237-1423.

The fax number is 317-237-8443.

The email address is trademark@faegrebd.com; stephanie.gumm@faegrebd.com

The applicants proposed correspondence information: Stephanie A. Gumm. Stephanie A. Gumm of Faegre Baker Daniels LLP, is located at

      300 North Meridian Street, Suite 2700
      Indianapolis, Indiana 46204-1750
      United States
The docket/reference number is 516456.3.

The phone number is 317-237-1423.

The fax number is 317-237-1000.

The email address is trademark@faegrebd.com

SIGNATURE(S)
Response Signature
Signature: /Dianna L. Gould/     Date: 10/23/2019
Signatory's Name: Dianna L. Gould
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 612-766-7320

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:    STEPHANIE A. GUMM
   FAEGRE BAKER DANIELS LLP
   
   300 NORTH MERIDIAN STREET, SUITE 2700
   INDIANAPOLIS, Indiana 46204
Mailing Address:    Stephanie A. Gumm
   Faegre Baker Daniels LLP
   300 North Meridian Street, Suite 2700
   Indianapolis, Indiana 46204-1750
        
Serial Number: 88371878
Internet Transmission Date: Wed Oct 23 17:04:04 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191023170404
987079-88371878-61066b831d1a731441cf387f
947575b1c755776c966d4f74f6af8b4dc81f8d80
57-N/A-N/A-20191022160711847652