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. 88390019 PLANET EARTH(Standard Characters, see http://uspto.report/TM/88390019/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Body care products, namely, soaps, shampoos, skin creams and lotions, essential oils and cosmetics; greenhouses; raised growing beds; plant boxes; chicken coops
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: Body care products, namely, soaps, shampoos, skin creams and lotions, essential oils and cosmetics; Body care products, namely, non-medicated body soap, shampoo, and skin creams and lotions, essential oils and cosmetics.; greenhouses; raised growing beds; plant boxes; chicken coopsClass 003 for Body care products, namely, non-medicated body soap, shampoo, and skin creams and lotions, essential oils and cosmetics.
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 019 for Modular greenhouses not of metal
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: Michael R. Gilman. Michael R. Gilman of KAPLAN BREYER SCHWARZ LLP, is located at

      STE 201
      90 MATAWAN RD.
      MATAWAN, New Jersey 07747
      US
The docket/reference number is 7129-026tmus.

The phone number is 732-578-0103 x233.

The fax number is 732-578-0104.

The email address is mgilman@kbsiplaw.com

The applicants proposed attorney information: Michael R. Gilman. Other appointed attorneys are Milena Mishev. Michael R. Gilman of KAPLAN BREYER SCHWARZ 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

      STE 201
      90 MATAWAN RD.
      MATAWAN, New Jersey 07747
      United States
The docket/reference number is 7129-026tmus.

The phone number is 732-578-0103 x233.

The fax number is 732-578-0104.

The email address is mgilman@kbsiplaw.com

Michael R. Gilman 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: MICHAEL R. GILMAN. MICHAEL R. GILMAN of KAPLAN BREYER SCHWARZ LLP, is located at

      STE 201
      90 MATAWAN RD.
      MATAWAN, New Jersey 07747
      US
The docket/reference number is 7129-026tmus.

The phone number is 732-578-0103 x233.

The fax number is 732-578-0104.

The email address is mgilman@kbsiplaw.com; docketing@kbsiplaw.com

The applicants proposed correspondence information: Michael R. Gilman. Michael R. Gilman of KAPLAN BREYER SCHWARZ LLP, is located at

      STE 201
      90 MATAWAN RD.
      MATAWAN, New Jersey 07747
      United States
The docket/reference number is 7129-026tmus.

The phone number is 732-578-0103 x233.

The fax number is 732-578-0104.

The email address is mgilman@kbsiplaw.com; docketing@kbsiplaw.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Michael R. Gilman/     Date: 10/30/2019
Signatory's Name: Michael R. Gilman
Signatory's Position: attorney of record, NY bar member

Signatory's Phone Number: 7325780103

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:    MICHAEL R. GILMAN
   KAPLAN BREYER SCHWARZ LLP
   STE 201
   90 MATAWAN RD.
   MATAWAN, New Jersey 07747
Mailing Address:    Michael R. Gilman
   KAPLAN BREYER SCHWARZ LLP
   STE 201
   90 MATAWAN RD.
   MATAWAN, New Jersey 07747
        
RAM Sale Number: 88390019
RAM Accounting Date: 10/30/2019
        
Serial Number: 88390019
Internet Transmission Date: Wed Oct 30 09:15:30 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.X-2019103009153083375
4-88390019-700892568df371315fa20af63b7ac
c6add33324cfdcb098f38a3e64c89f5c422a51-C
C-15293709-20191030090658975588