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)

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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. 88382099 JETACIDE(Standard Characters, see http://uspto.report/TM/88382099/mark.png) has been amended as follows:

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

In response to the Office Action dated July 3, 2019, Applicant has amended the identification of goods to address the issues raised by the Examining Attorney.  Applicant believes that all issues have been addressed and respectfully requests that the application proceed to publication.

If questions remain, the Examining Attorney is invited to contact Applicant’s counsel, Lorraine Linford, by email at LLinford@cozen.com or by telephone at (206) 340-1000.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Waterjet machines for agricultural use; waterjet machines and machine tools for use in cultivating land; waterjet machines and machine tools for use in fertilizing, treating and seeding soil
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: Waterjet machines for agricultural use; Waterjet dispensing machines for agricultural use, namely for dispensing agricultural additives into the soil or into or onto crops; waterjet machines and machine tools for use in cultivating land; waterjet machines and machine tools that dispense agricultural additives into the soil or into or onto crops for use in cultivating land; waterjet machines and machine tools for use in fertilizing, treating and seeding soil; waterjet machines and machine tools that dispense agricultural additives into the soil or into or onto crops for use in fertilizing, treating and seeding soilClass 007 for Waterjet dispensing machines for agricultural use, namely for dispensing agricultural additives into the soil or into or onto crops; waterjet machines and machine tools that dispense agricultural additives into the soil or into or onto crops for use in cultivating land; waterjet machines and machine tools that dispense agricultural additives into the soil or into or onto crops for use in fertilizing, treating and seeding soil
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: Lorraine Linford. Lorraine Linford of COZEN O'CONNOR, is located at

      #1900
      999 3RD AVENUE
      SEATTLE, Washington 98104
      US
The docket/reference number is 340058.20093.

The phone number is 206-340-1000.

The fax number is (206) 621-8783.

The email address is LLinford@cozen.com

The applicants proposed attorney information: Lorraine Linford. Other appointed attorneys are Mayura Iyer Noordyke, Lisa A. Ferrari, Amy F. Divino, Trevor Cloak, Camille M. Miller, Melanie Miller, J. Chanel Lattimer, Brianne Polito, Ashley Kessler. Lorraine Linford of COZEN O'CONNOR, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      #1900
      999 3RD AVENUE
      SEATTLE, Washington 98104
      United States
The docket/reference number is 340058.20093.

The phone number is 206-340-1000.

The fax number is (206) 621-8783.

The email address is LLinford@cozen.com

Lorraine Linford 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: LORRAINE LINFORD. LORRAINE LINFORD of COZEN O'CONNOR, is located at

      #1900
      999 3RD AVENUE
      SEATTLE, Washington 98104
      US
The docket/reference number is 340058.20093.

The phone number is 206-340-1000.

The fax number is (206) 621-8783.

The email address is LLinford@cozen.com; phipdocketing@cozen.com

The applicants proposed correspondence information: Lorraine Linford. Lorraine Linford of COZEN O'CONNOR, is located at

      #1900
      999 3RD AVENUE
      SEATTLE, Washington 98104
      United States
The docket/reference number is 340058.20093.

The phone number is 206-340-1000.

The fax number is (206) 621-8783.

The email address is LLinford@cozen.com; phipdocketing@cozen.com

SIGNATURE(S)
Response Signature
Signature: /Lorraine Linford/     Date: 12/20/2019
Signatory's Name: Lorraine Linford
Signatory's Position: Attorney for Applicant, Washington State Bar Member

Signatory's Phone Number: (206) 340-1000

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:    LORRAINE LINFORD
   COZEN O'CONNOR
   #1900
   999 3RD AVENUE
   SEATTLE, Washington 98104
Mailing Address:    Lorraine Linford
   COZEN O'CONNOR
   #1900
   999 3RD AVENUE
   SEATTLE, Washington 98104
        
Serial Number: 88382099
Internet Transmission Date: Fri Dec 20 15:31:00 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019122015310088
3743-88382099-7005e3f33b1b6ce0aa4a5391e5
c099902a65f0945e602f668b8de4297bbe233-N/
A-N/A-20191220114514367730