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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88376497 |
LAW OFFICE ASSIGNED |
LAW OFFICE 105 |
MARK SECTION |
MARK |
http://uspto.report/TM/88376497/mark.png |
LITERAL ELEMENT |
LET'S STOP BAD BUGS WITH GOOD BUGS |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (007)(current) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
Machines and equipment for insect breeding and rearing; automated insect rearing systems |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1960581 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
10/09/2018 |
GOODS AND/OR SERVICES SECTION (007)(proposed) |
INTERNATIONAL CLASS |
007 |
TRACKED TEXT DESCRIPTION |
Machines and equipment for insect breeding and rearing; Machines
and equipment for insect breeding and rearing in the nature of incubators for insect eggs, automated insect rearing systems consisting primarily of robotic actuators that control automated feeding
trays, larvae/pupae chambers, and adult rearing cages; automated insect rearing systems; machines and equipment for
insect breeding and rearing in the nature of feeding systems consisting primarily of machines that deliver blood-infused material to larvae/pupae; machines for
insect breeding and rearing, namely, machinery in the nature of egg collection devices, machinery in the nature of automated male/female insect sex separation devices, automated insect release
devices and automated insect traps; automated insect rearing systems comprised primarily of incubators for insect eggs; automated insect rearing systems consisting primarily of machines that deliver blood-infused material to larvae/pupae, automated egg collection devices, machinery in the nature of automated
male/female insect sex separation devices, insect release devices, insect traps, and insect monitoring devices |
FINAL DESCRIPTION |
Machines and equipment for insect breeding and rearing in the nature of incubators for insect eggs, automated insect rearing systems
consisting primarily of robotic actuators that control automated feeding trays, larvae/pupae chambers, and adult rearing cages; machines and equipment for insect breeding and rearing in the nature of
feeding systems consisting primarily of machines that deliver blood-infused material to larvae/pupae; machines for insect breeding and rearing, namely, machinery in the nature of egg collection
devices, machinery in the nature of automated male/female insect sex separation devices, automated insect release devices and automated insect traps; automated insect rearing systems comprised
primarily of incubators for insect eggs; automated insect rearing systems consisting primarily of machines that deliver blood-infused material to larvae/pupae, automated egg collection devices,
machinery in the nature of automated male/female insect sex separation devices, insect release devices, insect traps, and insect monitoring devices |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1960581 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
10/09/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (011)(class deleted) |
GOODS AND/OR SERVICES SECTION (031)(current) |
INTERNATIONAL CLASS |
031 |
DESCRIPTION |
Live insects and insect larvae |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1960581 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
10/09/2018 |
GOODS AND/OR SERVICES SECTION (031)(proposed) |
INTERNATIONAL CLASS |
031 |
TRACKED TEXT DESCRIPTION |
Live insects and insect larvae; Live beneficial insects;
live insect larvae for scientific and medical research |
FINAL DESCRIPTION |
Live beneficial insects; live insect larvae for scientific and medical research |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1960581 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
10/09/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (037)(no change) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Research, development, testing, scientific advice and product development consultation in the field of insect rearing and insect
control |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1960581 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
10/09/2018 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Research, development, testing, scientific advice and product development consultation in the field of
insect rearing and insect control; Research and development of technology in the field of insect rearing and insect control; scientific advice services, namely, scientific research consulting in the field of insect rearing and insect control; product development consultation in
the field of insect rearing and insect control; scientific and technological services, namely, testing in the field of insect rearing and insect
control |
FINAL DESCRIPTION |
Research and development of technology in the field of insect rearing and insect control; scientific advice services, namely,
scientific research consulting in the field of insect rearing and insect control; product development consultation in the field of insect rearing and insect control; scientific and technological
services, namely, testing in the field of insect rearing and insect control |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1960581 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
10/09/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (044)(no change) |
GOODS AND/OR SERVICES SECTION (021)(class added) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Automated breeding and rearing system for pest control consisting primarily of insect larvae-rearing habitat and also including
automated sex separation device; |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Laura C. Miller |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
KILPATRICK TOWNSEND & STOCKTON LLP |
INTERNAL ADDRESS |
1100 PEACHTREE STREET, SUITE 2800 |
STREET |
MAILSTOP: IP DOCKETING - 22 |
CITY |
ATLANTA |
STATE |
Georgia |
POSTAL CODE |
30309 |
COUNTRY |
US |
PHONE |
336-607-7300 |
FAX |
336-607-7500 |
EMAIL |
tmadmin@kilpatricktownsend.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
101445-TBD |
ATTORNEY SECTION (proposed) |
NAME |
Laura C. Miller |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
KILPATRICK TOWNSEND & STOCKTON LLP |
INTERNAL ADDRESS |
1100 PEACHTREE STREET, SUITE 2800 |
STREET |
MAILSTOP: IP DOCKETING - 22 |
CITY |
ATLANTA |
STATE |
Georgia |
POSTAL CODE |
30309 |
COUNTRY |
United States |
PHONE |
336-607-7300 |
FAX |
336-607-7500 |
EMAIL |
tmadmin@kilpatricktownsend.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1134300 |
OTHER APPOINTED ATTORNEY |
all the attorneys of Kilpatrick Townsend & Stockton LLP |
CORRESPONDENCE SECTION (current) |
NAME |
LAURA C. MILLER |
FIRM NAME |
KILPATRICK TOWNSEND & STOCKTON LLP |
INTERNAL ADDRESS |
1100 PEACHTREE STREET, SUITE 2800 |
STREET |
MAILSTOP: IP DOCKETING - 22 |
CITY |
ATLANTA |
STATE |
Georgia |
POSTAL CODE |
30309 |
COUNTRY |
US |
PHONE |
336-607-7300 |
FAX |
336-607-7500 |
EMAIL |
tmadmin@kilpatricktownsend.com; wstrademarks@kilpatricktownsend.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
101445-TBD |
CORRESPONDENCE SECTION (proposed) |
NAME |
Laura C. Miller |
FIRM NAME |
KILPATRICK TOWNSEND & STOCKTON LLP |
INTERNAL ADDRESS |
1100 PEACHTREE STREET, SUITE 2800 |
STREET |
MAILSTOP: IP DOCKETING - 22 |
CITY |
ATLANTA |
STATE |
Georgia |
POSTAL CODE |
30309 |
COUNTRY |
United States |
PHONE |
336-607-7300 |
FAX |
336-607-7500 |
EMAIL |
tmadmin@kilpatricktownsend.com; wstrademarks@kilpatricktownsend.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1134300 |
PAYMENT SECTION |
TOTAL FEES DUE |
The filing Attorney has elected not to submit a fee payment for the class(es), believing no fee payment is required under the Trademark Rules of
Practice. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Leslie Grab/ |
SIGNATORY'S NAME |
Leslie Grab |
SIGNATORY'S POSITION |
Senior Counsel |
SIGNATORY'S PHONE NUMBER |
Please contact Attorney of Record |
DATE SIGNED |
11/26/2019 |
RESPONSE SIGNATURE |
/laura miller/ |
SIGNATORY'S NAME |
Laura Miller |
SIGNATORY'S POSITION |
Attorney of Record, NC Bar Member |
DATE SIGNED |
11/27/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 27 11:26:14 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0191127112614306794-88376
497-700bd1be54acec3cb4295
4f15c760a36ba3c467832c681
499c8c52f22ad536bc8-N/A-N
/A-20191125152712084082 |
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.
88376497 LET'S STOP BAD BUGS WITH GOOD BUGS(Standard Characters, see http://uspto.report/TM/88376497/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 011 for Automated breeding and rearing system for pest control consisting of larvae-rearing habitat and automated sex separation device
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Machines and equipment for insect breeding and rearing; automated insect rearing systems
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Australia application number 1960581 filed 10/09/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Machines and equipment for insect breeding and rearing;
Machines and equipment for insect breeding
and rearing in the nature of incubators for insect eggs, automated insect rearing systems consisting primarily of robotic actuators that control automated feeding trays, larvae/pupae chambers, and
adult rearing cages;
automated insect rearing systems;
machines and equipment for insect breeding and rearing in the
nature of feeding systems consisting primarily of machines that deliver blood-infused material to larvae/pupae;
machines for insect breeding and rearing,
namely, machinery in the nature of egg collection devices, machinery in the nature of automated male/female insect sex separation devices, automated insect release devices and automated insect
traps;
automated insect rearing systems comprised primarily of incubators for insect eggs;
automated insect rearing
systems consisting primarily of machines that deliver blood-infused material to larvae/pupae, automated egg collection devices, machinery in the nature of automated male/female insect sex separation
devices, insect release devices, insect traps, and insect monitoring devicesClass 007 for Machines and equipment for insect breeding and rearing in the nature of incubators for insect eggs,
automated insect rearing systems consisting primarily of robotic actuators that control automated feeding trays, larvae/pupae chambers, and adult rearing cages; machines and equipment for insect
breeding and rearing in the nature of feeding systems consisting primarily of machines that deliver blood-infused material to larvae/pupae; machines for insect breeding and rearing, namely, machinery
in the nature of egg collection devices, machinery in the nature of automated male/female insect sex separation devices, automated insect release devices and automated insect traps; automated insect
rearing systems comprised primarily of incubators for insect eggs; automated insect rearing systems consisting primarily of machines that deliver blood-infused material to larvae/pupae, automated egg
collection devices, machinery in the nature of automated male/female insect sex separation devices, insect release devices, insect traps, and insect monitoring devices
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 1960581 filed 10/09/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Live insects and insect larvae
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Australia application number 1960581 filed 10/09/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Live insects and insect larvae;
Live beneficial insects;
live insect larvae for scientific and medical researchClass 031 for Live beneficial insects; live insect larvae for scientific and medical research
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 1960581 filed 10/09/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Research, development, testing, scientific advice and product development consultation in the field of insect rearing and insect control
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Australia application number 1960581 filed 10/09/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Research, development, testing, scientific advice and product development consultation in the field of insect rearing and insect
control;
Research and development of technology in the field of insect rearing and insect control;
scientific advice
services, namely, scientific research consulting in the field of insect rearing and insect control;
product development consultation in the field of insect
rearing and insect control;
scientific and technological services, namely, testing in the field of insect rearing and insect controlClass 042 for Research
and development of technology in the field of insect rearing and insect control; scientific advice services, namely, scientific research consulting in the field of insect rearing and insect control;
product development consultation in the field of insect rearing and insect control; scientific and technological services, namely, testing in the field of insect rearing and insect control
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 1960581 filed 10/09/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant hereby adds the following class of goods/services to the application:
New: Class 021 for Automated breeding and rearing system for pest control consisting primarily of insect larvae-rearing habitat and also including automated sex separation device;
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: Laura C. Miller. Laura C. Miller of KILPATRICK TOWNSEND & STOCKTON LLP, is located at
1100 PEACHTREE STREET, SUITE 2800
MAILSTOP: IP DOCKETING - 22
ATLANTA, Georgia 30309
US
The docket/reference number is 101445-TBD.
The phone number is 336-607-7300.
The fax number is 336-607-7500.
The email address is tmadmin@kilpatricktownsend.com
The applicants proposed attorney information: Laura C. Miller. Other appointed attorneys are all the attorneys of Kilpatrick Townsend & Stockton LLP. Laura C. Miller of KILPATRICK TOWNSEND
& STOCKTON 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
1100 PEACHTREE STREET, SUITE 2800
MAILSTOP: IP DOCKETING - 22
ATLANTA, Georgia 30309
United States
The docket/reference number is 1134300.
The phone number is 336-607-7300.
The fax number is 336-607-7500.
The email address is tmadmin@kilpatricktownsend.com
Laura C. Miller 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: LAURA C. MILLER. LAURA C. MILLER of KILPATRICK TOWNSEND & STOCKTON LLP, is located at
1100 PEACHTREE STREET, SUITE 2800
MAILSTOP: IP DOCKETING - 22
ATLANTA, Georgia 30309
US
The docket/reference number is 101445-TBD.
The phone number is 336-607-7300.
The fax number is 336-607-7500.
The email address is tmadmin@kilpatricktownsend.com; wstrademarks@kilpatricktownsend.com
The applicants proposed correspondence information: Laura C. Miller. Laura C. Miller of KILPATRICK TOWNSEND & STOCKTON LLP, is located at
1100 PEACHTREE STREET, SUITE 2800
MAILSTOP: IP DOCKETING - 22
ATLANTA, Georgia 30309
United States
The docket/reference number is 1134300.
The phone number is 336-607-7300.
The fax number is 336-607-7500.
The email address is tmadmin@kilpatricktownsend.com; wstrademarks@kilpatricktownsend.com
I hereby elect to by-pass any fee edit for an added class(es), because I believe the original fee payment was sufficient. I understand that the examining attorney could still, upon later review,
require a fee payment.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Leslie Grab/ Date: 11/26/2019
Signatory's Name: Leslie Grab
Signatory's Position: Senior Counsel
Signatory's Phone Number: Please contact Attorney of Record
Response Signature
Signature: /laura miller/ Date: 11/27/2019
Signatory's Name: Laura Miller
Signatory's Position: Attorney of Record, NC Bar Member
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: LAURA C. MILLER
KILPATRICK TOWNSEND & STOCKTON LLP
1100 PEACHTREE STREET, SUITE 2800
MAILSTOP: IP DOCKETING - 22
ATLANTA, Georgia 30309
Mailing Address: Laura C. Miller
KILPATRICK TOWNSEND & STOCKTON LLP
1100 PEACHTREE STREET, SUITE 2800
MAILSTOP: IP DOCKETING - 22
ATLANTA, Georgia 30309
Serial Number: 88376497
Internet Transmission Date: Wed Nov 27 11:26:14 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019112711261430
6794-88376497-700bd1be54acec3cb42954f15c
760a36ba3c467832c681499c8c52f22ad536bc8-
N/A-N/A-20191125152712084082