To: | Concentric Ag Corporation (trademark@faegrebd.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88371881 - BOUNDLESS - 516456.4 |
Sent: | 6/16/2019 1:30:24 PM |
Sent As: | ECOM120@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88371881
MARK: BOUNDLESS
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Concentric Ag Corporation
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 6/16/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Amendment to Identification of Goods and/or Services Required
The wording “biochemicals, biologicals, additives, fertilizers and nutrients for agricultural and horticultural use;” is indefinite and must be clarified because the specific nature of the identified goods is unclear.
The wording, “providing information in the field of microbial products and by products for use in agriculture and horticulture” is indefinite and appears to be misclassified. The provision of consumer product information is generally classified in class 35.
The wording, “providing information in the field of chemicals, biochemicals, biologicals, additives, fertilizers and nutrients for agricultural and horticultural use” is indefinite and appears to be misclassified. The provision of information is classified by subject matter.
The wording, “monitoring of agricultural technologies and agricultural yields for scientific research purposes” is indefinite and must be clarified because it is unclear as to what the service is.
Applicant may substitute the following wording, if accurate:
Class 1:
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”
Class 35:
Providing consumer information in the field of microbial products and by products for use in agriculture and horticulture
Class 42:
Research and development of microbial products and by products for agricultural and horticultural use; research and development in the field of chemicals, biochemicals, biologicals, additives, fertilizers and nutrients for agricultural and horticultural use; agricultural research; scientific research and development; monitoring of agricultural technologies and agricultural yields for scientific research purposes; scientific data analysis in the field of agriculture
Class 44:
Consulting services in the fields of agriculture and agronomy, namely, providing crop and yield production management information in the nature of agricultural advice and crop recommendations; agricultural advice; agricultural advisory services; agricultural consultancy; agricultural services, namely, agronomic consulting; agronomy services in the nature of nutritional monitoring of crops; advice, information and consultancy services in the fields of agriculture, optimizing crop production and nutritional monitoring of crops
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Multi-Class Application Requirements
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 4 classes; however, applicant submitted a fee(s) sufficient for only 3 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Response Guidelines
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Grace Duffin/
Trademark Examining Attorney
Law Office 120
571-270-7069
Grace.Duffin@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.