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. 88390294 HAWTHORNE GARDENING CO (Stylized and/or with Design, see http://uspto.report/TM/88390294/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 035 for Distributorship services in the field of wholesale horticulture supplies and accessories; distributorship services featuring fertilizers; plant food; plant growth nutrients; plant growth nutrients containing plant flavor enhancers; plant nutrients for hydroponic and soil-cultivated plants; plant growth regulating preparations; plant growth nutrients for hydrogardens and indoor container gardens; soil and water conditioners for agricultural, horticultural and domestic use; organic plant nutrients and supplements, namely, soil amendments; chemicals for use in gardening, namely, chemicals to raise pH levels, chemicals to lower pH levels, pH indicator solutions; growing media for plants; soils, namely, potting soil and planting soil; hydroponic growing media for plants; expanded-clay soils for hydroponic plant growing; seed and plant growing media plugs for use with growing kits including growing trays and domes; hydroponic water pumps; electric, electromechanical, and electronic controls for use in horticulture and indoor gardening to operate watering systems, control temperatures, control lighting, control humidity, and control CO2 levels; electric timers; thermostats; electric ballasts for lamps and lights for horticulture growing purposes; hydrometers; hygrometers; thermometers not for medical use; eyewear for use in gardening environments; magnifier loupes; microscopes; measuring cups; measuring spoons; measuring glassware; beakers; weighing scales; vacuum ovens and drying ovens for scientific and laboratory use and replacement parts therefor; rotary evaporators for scientific and laboratory use and replacement parts therefor; downloadable educational software and course materials in the field of horticulture; electronic dose measuring instruments for use in gardening that monitor and adjust pH levels, nutrient levels, supplement levels; voltage surge suppressors; electrical power strips and cords; electronic timers and electrical controllers for controlling electric powered appliances; meters and probes for use in gardening, namely, to track pH, temperature, moisture, and electro-conductivity; electric lamps, lighting fixtures and lighting reflectors and component parts thereof for horticultural and aquarium applications; electric lamps, namely, fluorescent lamps, high pressure sodium lamps, metal halide lamps, and combination high pressure sodium and metal halide lamps; electric lighting fixtures, namely, LED (light emitting diode) light fixtures; Lamp bulbs; Air handling systems for cleaning and purifying air; Dehumidifiers; humidifiers; air conditioners; heat pumps; electric space heaters; packaged HVAC systems, namely, rooftop mountable single-enclosure heating, ventilation, and air conditioning units and on-ground free standing single-enclosure heating, ventilation, and air conditioning units; split HVAC systems, namely, heating, ventilation, and air conditioning systems comprised primarily of an inside evaporator unit and an outside condenser unit; commercial HVAC systems, namely, heating, ventilation, and air conditioning systems of heavy duty construction and larger volume capacity for commercial building use comprised primarily of an inside evaporator unit and an outside evaporator unit; Parts for heating and air-conditioning systems, namely, fabric air dispersion ducts for distributing and dispensing air as part of a HVAC system, dampers, filters and active carbon filters, and electrical heating tape; electric fans, namely, air moving apparatus for use in the horticulture industry; air blowers, namely, electric fans, ventilating exhaust fans, and ventilating fans for commercial and industrial use; Electric inline duct boosters for increasing airflow through ductwork; Ducted air handling components in the nature of mixed flow inline and centrifugal inline fans; air filters for HVAC units; silencers for ducts attached to HVAC units; water treatment equipment, namely, water filtration units, reverse osmosis units, and ultraviolet sterilization units for horticulture and hydroponics; Booster pumps sold in combination for use in reverse osmosis water filtration systems for increasing water pressure; electric water heaters and chillers designed to raise or lower water temperature used in hydroponics and aquariums; air diffusers for horticultural, hydroponic, and aquarium use; Electric vaporizers for household purposes; Power-operated vaporizers for industrial or commercial purposes; flashlights; portable lighting products, namely, headlamps; electric heating systems, namely, electric mats and thermostats for growing plants; plant growing kits comprised primarily of electric heating systems, namely, electric mats and thermostats for growing plants, grow trays for plants, and domes for plants; irrigation accessories, namely, spray nozzles, sprinkler heads, drip emitters; irrigation system comprised of reservoir, valves, timer, pump, drip lines and stakes, sprayers, tubing, nozzles, plant growing pots and buckets, growing medium and nutrients; hydroponic systems for growing plants, comprising nutrient reservoir, plant growing cups, nutrient flow chamber and motorized nutrient pump, all sold as a unit; hydroponic grow box in the nature of a closed environment comprised of electric air pump, tubing and plastic trays, all sold as a unit; heat mats and thermostats, sold as a unit, for growing plants; plant growing kits comprised primarily of heat mats, thermostats, grow trays and domes; drying racks for plants; containers for growing plants; pots; pot lids; flower pots; mesh bottom pots for growing plants; net pots for growing plants; fabric pots for growing plants; watering pots; plastic lids for plant pots; saucers for plant pots; lids for plant growing net pots; compost containers for brewing compost tea; plastic flower and plant cultivation trays for household, commercial and horticultural use; planter accessory in the nature of a fitted cover made from natural fibers for use as a light blocking plant growing media cover; cultivation trays and domes for growing plants; growing kits comprised primarily of plant cultivation trays and domes; hydroponic bucket systems consisting primarily of buckets and bucket inserts, and also including air pumps or water pumps; hydroponic system for growing plants comprised of growing containers, pots, drain components, pumps, pipes, drip rings, hoses, and seals; plant growing trays with reservoirs for horticultural and hydroponic use; plastic hydroponics units and parts and accessories related to such units, namely, terrariums for plants, plastic trays, growing trays, plastic tubing, drains, reservoirs, plant supports, and porthole covers for cultivation of plants in nutrient solution rather than in soil; horticultural elevation platform for use in growing plants; all-purpose portable plastic containers for household and domestic use; beverage containers, namely, water bottles sold empty, cups, and heat insulated vessels; flasks; heat-insulated containers for beverages; vacuum insulated beverage containers for drinking; vacuum beverage containers, namely, insulated vacuum flasks; insulated containers for food or beverages for domestic use; mesh screens for straining and sifting in the nature of sieves for household purposes; disposable latex and nitrile gloves for general use; pitchers; flower syringes; garden syringes; greenhouse syringes; plant syringes; website providing information regarding hydroponic growing
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 08/06/2018 and first used in commerce at least as early as 08/06/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Distributorship services in the field of wholesale horticulture supplies and accessories; distributorship services featuring fertilizers; distributorship services in the field of fertilizers, plant food, plant growth nutrients, plant growth nutrients containing plant flavor enhancers, plant nutrients for hydroponic and soil-cultivated plants, plant growth regulating preparations, plant growth nutrients for hydrogardens and indoor container gardens; plant food; distributorship services in the field of soil and water conditioners for agricultural, horticultural and domestic use; plant growth nutrients; distributorship services in the field of organic plant nutrients and supplements, namely, soil amendments; plant growth nutrients containing plant flavor enhancers; distributorship services in the field of horticultural chemicals for use in gardening, namely, chemicals to raise pH levels, chemicals to lower pH levels, pH indicator solutions; plant nutrients for hydroponic and soil-cultivated plants; distributorship services in the field of growing media for plants; plant growth regulating preparations; distributorship services in the field of soils, namely, potting soil and planting soil; plant growth nutrients for hydrogardens and indoor container gardens; distributorship services in the field of hydroponic growing media for plants, substrates in the nature of expanded-clay soils for hydroponic plant growing, seed and plant growing media plugs for use with growing kits including growing trays and domes, hydroponic water pumps for use in horticultural growing systems; soil and water conditioners for agricultural, horticultural and domestic use; distributorship services in the field of electric, electromechanical, and electronic controls for use in horticulture and indoor gardening to operate watering systems, control temperatures, control lighting, control humidity, and control CO2 levels; organic plant nutrients and supplements, namely, soil amendments; distributorship services in the field of electric timers, thermostats, electric lighting ballasts for lamps and lights for horticulture growing purposes, hydrometers, hygrometers, thermometers not for medical use, protective eyewear for use in gardening environments, magnifier loupes not for medical purposes, microscopes, measuring cups, measuring spoons, measuring glassware, beakers, weighing scales, vacuum ovens and drying ovens for scientific and laboratory use and replacement parts therefor, rotary evaporators for scientific and laboratory use and replacement parts therefor, downloadable educational software and course materials in the field of horticulture; chemicals for use in gardening, namely, chemicals to raise pH levels, chemicals to lower pH levels, pH indicator solutions; distributorship services in the field of electronic dose measuring instruments for use in gardening that monitor and adjust pH levels, nutrient levels, supplement levels; growing media for plants; distributorship services in the field of voltage surge suppressors, electrical power strips and cords, electronic timers and electrical controllers for controlling electric powered appliances; soils, namely, potting soil and planting soil; distributorship services in the field of pH meters and probes for use in gardening, namely, to track pH, temperature, moisture, and electro-conductivity; hydroponic growing media for plants; distributorship services in the field of electric lamps, lighting fixtures and lighting reflectors and component parts thereof for horticultural and aquarium applications; expanded-clay soils for hydroponic plant growing; distributorship services in the field of electric lamps, namely, fluorescent lamps, high pressure sodium lamps, metal halide lamps, and combination high pressure sodium and metal halide lamps; seed and plant growing media plugs for use with growing kits including growing trays and domes; distributorship services in the field of electric lighting fixtures, namely, LED (light emitting diode) light fixtures, lamp bulbs, air handling systems for cleaning and purifying air, dehumidifiers, humidifiers, air conditioners, heat pumps, electric space heaters; hydroponic water pumps; distributorship services in the field of packaged HVAC systems, namely, rooftop mountable single-enclosure heating, ventilation, and air conditioning units and on-ground free standing single-enclosure heating, ventilation, and air conditioning units; electric, electromechanical, and electronic controls for use in horticulture and indoor gardening to operate watering systems, control temperatures, control lighting, control humidity, and control CO2 levels; distributorship services in the field of split HVAC systems, namely, heating, ventilation, and air conditioning systems comprised primarily of an inside evaporator unit and an outside condenser unit; electric timers; distributorship services in the field of commercial HVAC systems, namely, heating, ventilation, and air conditioning systems of heavy duty construction and larger volume capacity for commercial building use comprised primarily of an inside evaporator unit and an outside evaporator unit; thermostats; distributorship services in the field of parts for heating and air-conditioning systems, namely, fabric air dispersion ducts for distributing and dispensing air as part of a HVAC system, dampers, filters and active carbon filters, and electrical heating tape; electric ballasts for lamps and lights for horticulture growing purposes; distributorship services in the field of electric fans, namely, air moving apparatus for use in the horticulture industry; hydrometers; distributorship services in the field of air blowers, namely, electric fans, ventilating exhaust fans, and ventilating fans for commercial and industrial use; hygrometers; distributorship services in the field of electric inline duct boosters for increasing airflow through ductwork, ducted air handling components in the nature of mixed flow inline and centrifugal inline fans, air filters for HVAC units, silencers for ducts attached to HVAC units; thermometers not for medical use; distributorship services in the field of water treatment equipment, namely, water filtration units, reverse osmosis units, and ultraviolet sterilization units for horticulture and hydroponics; eyewear for use in gardening environments; distributorship services in the field of booster pumps sold in combination for use in reverse osmosis water filtration systems for increasing water pressure, electric water heaters and chillers designed to raise or lower water temperature used in hydroponics and aquariums; magnifier loupes; distributorship services in the field of air diffusers for horticultural, hydroponic, and aquarium use; microscopes; distributorship services in the field of electric vaporizers for household purposes, power-operated vaporizers for industrial or commercial purposes, flashlights; measuring cups; distributorship services in the field of portable lighting products, namely, headlamps; measuring spoons; distributorship services in the field of electric heating systems, namely, electric mats and thermostats for growing plants; measuring glassware; distributorship services in the field of plant growing kits comprised primarily of electric heating systems, namely, electric mats and thermostats for growing plants, grow trays for plants, and domes for plants; beakers; distributorship services in the field of irrigation accessories, namely, spray nozzles, sprinkler heads, drip emitters; weighing scales; distributorship services in the field of dripper irrigation system comprised of reservoir, valves, timer, pump, drip lines and stakes, sprayers, tubing, nozzles, plant growing pots and buckets, growing medium and nutrients; vacuum ovens and drying ovens for scientific and laboratory use and replacement parts therefor; distributorship services in the field of hydroponic systems for growing plants, comprising nutrient reservoir, plant growing cups, nutrient flow chamber and motorized nutrient pump, all sold as a unit; rotary evaporators for scientific and laboratory use and replacement parts therefor; distributorship services in the field of hydroponic grow box in the nature of a closed environment comprised of electric air pump, tubing and plastic trays, all sold as a unit; downloadable educational software and course materials in the field of horticulture; distributorship services in the field of heat mats and thermostats, sold as a unit, for growing plants; electronic dose measuring instruments for use in gardening that monitor and adjust pH levels, nutrient levels, supplement levels; distributorship services in the field of plant growing kits comprised primarily of heat mats, thermostats, grow trays and domes; voltage surge suppressors; distributorship services in the field of drying racks for plants, containers for growing plants, pots, pot lids, flower pots, mesh bottom pots for growing plants, net pots for growing plants, fabric pots for growing plants, watering pots, plastic lids for plant pots, saucers for plant pots, lids for plant growing net pots, compost containers for brewing compost tea; electrical power strips and cords; distributorship services in the field of plastic flower and plant cultivation trays for household, commercial and horticultural use; electronic timers and electrical controllers for controlling electric powered appliances; distributorship services in the field of planter accessory in the nature of a fitted cover made from natural fibers for use as a light blocking plant growing media cover, cultivation trays and domes for growing plants, growing kits comprised primarily of plant cultivation trays and domes; meters and probes for use in gardening, namely, to track pH, temperature, moisture, and electro-conductivity; distributorship services in the field of hydroponic bucket systems consisting primarily of buckets and bucket inserts, and also including air pumps or water pumps; electric lamps, lighting fixtures and lighting reflectors and component parts thereof for horticultural and aquarium applications; distributorship services in the field of hydroponic system for growing plants comprised of growing containers, pots, drain components, pumps, pipes, drip rings, hoses, and seals; electric lamps, namely, fluorescent lamps, high pressure sodium lamps, metal halide lamps, and combination high pressure sodium and metal halide lamps; distributorship services in the field of plant growing trays with reservoirs for horticultural and hydroponic use; electric lighting fixtures, namely, LED (light emitting diode) light fixtures; distributorship services in the field of plastic hydroponics units and parts and accessories related to such units, namely, terrariums for plants, plastic trays, growing trays, plastic tubing, drains, reservoirs, plant supports, and porthole covers for cultivation of plants in nutrient solution rather than in soil; Lamp bulbs; distributorship services in the field of horticultural elevation platform for use in growing plants; Air handling systems for cleaning and purifying air; distributorship services in the field of all-purpose portable plastic containers for household and domestic use; Dehumidifiers; distributorship services in the field of beverage containers, namely, water bottles sold empty, cups, and heat insulated vessels, flasks, heat-insulated containers for beverages, vacuum insulated beverage containers for drinking; humidifiers; distributorship services in the field of vacuum beverage containers, namely, insulated vacuum flasks, insulated containers for food or beverages for domestic use; air conditioners; distributorship services in the field of mesh screens for straining and sifting in the nature of sieves for household purposes; heat pumps; distributorship services in the field of disposable latex and nitrile gloves for general use; electric space heaters; distributorship services in the field of pitchers, flower syringes, garden syringes, greenhouse syringes, plant syringes; packaged HVAC systems, namely, rooftop mountable single-enclosure heating, ventilation, and air conditioning units and on-ground free standing single-enclosure heating, ventilation, and air conditioning units; split HVAC systems, namely, heating, ventilation, and air conditioning systems comprised primarily of an inside evaporator unit and an outside condenser unit; commercial HVAC systems, namely, heating, ventilation, and air conditioning systems of heavy duty construction and larger volume capacity for commercial building use comprised primarily of an inside evaporator unit and an outside evaporator unit; Parts for heating and air-conditioning systems, namely, fabric air dispersion ducts for distributing and dispensing air as part of a HVAC system, dampers, filters and active carbon filters, and electrical heating tape; electric fans, namely, air moving apparatus for use in the horticulture industry; air blowers, namely, electric fans, ventilating exhaust fans, and ventilating fans for commercial and industrial use; Electric inline duct boosters for increasing airflow through ductwork; Ducted air handling components in the nature of mixed flow inline and centrifugal inline fans; air filters for HVAC units; silencers for ducts attached to HVAC units; water treatment equipment, namely, water filtration units, reverse osmosis units, and ultraviolet sterilization units for horticulture and hydroponics; Booster pumps sold in combination for use in reverse osmosis water filtration systems for increasing water pressure; electric water heaters and chillers designed to raise or lower water temperature used in hydroponics and aquariums; air diffusers for horticultural, hydroponic, and aquarium use; Electric vaporizers for household purposes; Power-operated vaporizers for industrial or commercial purposes; flashlights; portable lighting products, namely, headlamps; electric heating systems, namely, electric mats and thermostats for growing plants; plant growing kits comprised primarily of electric heating systems, namely, electric mats and thermostats for growing plants, grow trays for plants, and domes for plants; irrigation accessories, namely, spray nozzles, sprinkler heads, drip emitters; irrigation system comprised of reservoir, valves, timer, pump, drip lines and stakes, sprayers, tubing, nozzles, plant growing pots and buckets, growing medium and nutrients; hydroponic systems for growing plants, comprising nutrient reservoir, plant growing cups, nutrient flow chamber and motorized nutrient pump, all sold as a unit; hydroponic grow box in the nature of a closed environment comprised of electric air pump, tubing and plastic trays, all sold as a unit; heat mats and thermostats, sold as a unit, for growing plants; plant growing kits comprised primarily of heat mats, thermostats, grow trays and domes; drying racks for plants; containers for growing plants; pots; pot lids; flower pots; mesh bottom pots for growing plants; net pots for growing plants; fabric pots for growing plants; watering pots; plastic lids for plant pots; saucers for plant pots; lids for plant growing net pots; compost containers for brewing compost tea; plastic flower and plant cultivation trays for household, commercial and horticultural use; planter accessory in the nature of a fitted cover made from natural fibers for use as a light blocking plant growing media cover; cultivation trays and domes for growing plants; growing kits comprised primarily of plant cultivation trays and domes; hydroponic bucket systems consisting primarily of buckets and bucket inserts, and also including air pumps or water pumps; hydroponic system for growing plants comprised of growing containers, pots, drain components, pumps, pipes, drip rings, hoses, and seals; plant growing trays with reservoirs for horticultural and hydroponic use; plastic hydroponics units and parts and accessories related to such units, namely, terrariums for plants, plastic trays, growing trays, plastic tubing, drains, reservoirs, plant supports, and porthole covers for cultivation of plants in nutrient solution rather than in soil; horticultural elevation platform for use in growing plants; all-purpose portable plastic containers for household and domestic use; beverage containers, namely, water bottles sold empty, cups, and heat insulated vessels; flasks; heat-insulated containers for beverages; vacuum insulated beverage containers for drinking; vacuum beverage containers, namely, insulated vacuum flasks; insulated containers for food or beverages for domestic use; mesh screens for straining and sifting in the nature of sieves for household purposes; disposable latex and nitrile gloves for general use; pitchers; flower syringes; garden syringes; greenhouse syringes; plant syringes; website providing information regarding hydroponic growingClass 035 for Distributorship services in the field of wholesale horticulture supplies and accessories; distributorship services in the field of fertilizers, plant food, plant growth nutrients, plant growth nutrients containing plant flavor enhancers, plant nutrients for hydroponic and soil-cultivated plants, plant growth regulating preparations, plant growth nutrients for hydrogardens and indoor container gardens; distributorship services in the field of soil and water conditioners for agricultural, horticultural and domestic use; distributorship services in the field of organic plant nutrients and supplements, namely, soil amendments; distributorship services in the field of horticultural chemicals for use in gardening, namely, chemicals to raise pH levels, chemicals to lower pH levels, pH indicator solutions; distributorship services in the field of growing media for plants; distributorship services in the field of soils, namely, potting soil and planting soil; distributorship services in the field of hydroponic growing media for plants, substrates in the nature of expanded-clay soils for hydroponic plant growing, seed and plant growing media plugs for use with growing kits including growing trays and domes, hydroponic water pumps for use in horticultural growing systems; distributorship services in the field of electric, electromechanical, and electronic controls for use in horticulture and indoor gardening to operate watering systems, control temperatures, control lighting, control humidity, and control CO2 levels; distributorship services in the field of electric timers, thermostats, electric lighting ballasts for lamps and lights for horticulture growing purposes, hydrometers, hygrometers, thermometers not for medical use, protective eyewear for use in gardening environments, magnifier loupes not for medical purposes, microscopes, measuring cups, measuring spoons, measuring glassware, beakers, weighing scales, vacuum ovens and drying ovens for scientific and laboratory use and replacement parts therefor, rotary evaporators for scientific and laboratory use and replacement parts therefor, downloadable educational software and course materials in the field of horticulture; distributorship services in the field of electronic dose measuring instruments for use in gardening that monitor and adjust pH levels, nutrient levels, supplement levels; distributorship services in the field of voltage surge suppressors, electrical power strips and cords, electronic timers and electrical controllers for controlling electric powered appliances; distributorship services in the field of pH meters and probes for use in gardening, namely, to track pH, temperature, moisture, and electro-conductivity; distributorship services in the field of electric lamps, lighting fixtures and lighting reflectors and component parts thereof for horticultural and aquarium applications; distributorship services in the field of electric lamps, namely, fluorescent lamps, high pressure sodium lamps, metal halide lamps, and combination high pressure sodium and metal halide lamps; distributorship services in the field of electric lighting fixtures, namely, LED (light emitting diode) light fixtures, lamp bulbs, air handling systems for cleaning and purifying air, dehumidifiers, humidifiers, air conditioners, heat pumps, electric space heaters; distributorship services in the field of packaged HVAC systems, namely, rooftop mountable single-enclosure heating, ventilation, and air conditioning units and on-ground free standing single-enclosure heating, ventilation, and air conditioning units; distributorship services in the field of split HVAC systems, namely, heating, ventilation, and air conditioning systems comprised primarily of an inside evaporator unit and an outside condenser unit; distributorship services in the field of commercial HVAC systems, namely, heating, ventilation, and air conditioning systems of heavy duty construction and larger volume capacity for commercial building use comprised primarily of an inside evaporator unit and an outside evaporator unit; distributorship services in the field of parts for heating and air-conditioning systems, namely, fabric air dispersion ducts for distributing and dispensing air as part of a HVAC system, dampers, filters and active carbon filters, and electrical heating tape; distributorship services in the field of electric fans, namely, air moving apparatus for use in the horticulture industry; distributorship services in the field of air blowers, namely, electric fans, ventilating exhaust fans, and ventilating fans for commercial and industrial use; distributorship services in the field of electric inline duct boosters for increasing airflow through ductwork, ducted air handling components in the nature of mixed flow inline and centrifugal inline fans, air filters for HVAC units, silencers for ducts attached to HVAC units; distributorship services in the field of water treatment equipment, namely, water filtration units, reverse osmosis units, and ultraviolet sterilization units for horticulture and hydroponics; distributorship services in the field of booster pumps sold in combination for use in reverse osmosis water filtration systems for increasing water pressure, electric water heaters and chillers designed to raise or lower water temperature used in hydroponics and aquariums; distributorship services in the field of air diffusers for horticultural, hydroponic, and aquarium use; distributorship services in the field of electric vaporizers for household purposes, power-operated vaporizers for industrial or commercial purposes, flashlights; distributorship services in the field of portable lighting products, namely, headlamps; distributorship services in the field of electric heating systems, namely, electric mats and thermostats for growing plants; distributorship services in the field of plant growing kits comprised primarily of electric heating systems, namely, electric mats and thermostats for growing plants, grow trays for plants, and domes for plants; distributorship services in the field of irrigation accessories, namely, spray nozzles, sprinkler heads, drip emitters; distributorship services in the field of dripper irrigation system comprised of reservoir, valves, timer, pump, drip lines and stakes, sprayers, tubing, nozzles, plant growing pots and buckets, growing medium and nutrients; distributorship services in the field of hydroponic systems for growing plants, comprising nutrient reservoir, plant growing cups, nutrient flow chamber and motorized nutrient pump, all sold as a unit; distributorship services in the field of hydroponic grow box in the nature of a closed environment comprised of electric air pump, tubing and plastic trays, all sold as a unit; distributorship services in the field of heat mats and thermostats, sold as a unit, for growing plants; distributorship services in the field of plant growing kits comprised primarily of heat mats, thermostats, grow trays and domes; distributorship services in the field of drying racks for plants, containers for growing plants, pots, pot lids, flower pots, mesh bottom pots for growing plants, net pots for growing plants, fabric pots for growing plants, watering pots, plastic lids for plant pots, saucers for plant pots, lids for plant growing net pots, compost containers for brewing compost tea; distributorship services in the field of plastic flower and plant cultivation trays for household, commercial and horticultural use; distributorship services in the field of planter accessory in the nature of a fitted cover made from natural fibers for use as a light blocking plant growing media cover, cultivation trays and domes for growing plants, growing kits comprised primarily of plant cultivation trays and domes; distributorship services in the field of hydroponic bucket systems consisting primarily of buckets and bucket inserts, and also including air pumps or water pumps; distributorship services in the field of hydroponic system for growing plants comprised of growing containers, pots, drain components, pumps, pipes, drip rings, hoses, and seals; distributorship services in the field of plant growing trays with reservoirs for horticultural and hydroponic use; distributorship services in the field of plastic hydroponics units and parts and accessories related to such units, namely, terrariums for plants, plastic trays, growing trays, plastic tubing, drains, reservoirs, plant supports, and porthole covers for cultivation of plants in nutrient solution rather than in soil; distributorship services in the field of horticultural elevation platform for use in growing plants; distributorship services in the field of all-purpose portable plastic containers for household and domestic use; distributorship services in the field of beverage containers, namely, water bottles sold empty, cups, and heat insulated vessels, flasks, heat-insulated containers for beverages, vacuum insulated beverage containers for drinking; distributorship services in the field of vacuum beverage containers, namely, insulated vacuum flasks, insulated containers for food or beverages for domestic use; distributorship services in the field of mesh screens for straining and sifting in the nature of sieves for household purposes; distributorship services in the field of disposable latex and nitrile gloves for general use; distributorship services in the field of pitchers, flower syringes, garden syringes, greenhouse syringes, plant syringes
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 08/06/2018 and first used in commerce at least as early as 08/06/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035 .

Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Providing a website featuring horticultural information in the nature of a website providing information regarding hydroponic growing
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 08/06/2018 and first used in commerce at least as early as 08/06/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 044 . The specimen(s) submitted consists of image showing applied-for mark with provision of described services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use GARDENING CO apart from the mark as shown.


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

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: /Mindy Walser/      Date: 07/30/2019
Signatory's Name: Mindy Walser
Signatory's Position: Treasurer

Response Signature
Signature: /Robert J. Morgan/     Date: 07/30/2019
Signatory's Name: Robert J. Morgan
Signatory's Position: In-house counsel for applicant

Signatory's Phone Number: 9375781561

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 88390294
RAM Accounting Date: 07/30/2019
        
Serial Number: 88390294
Internet Transmission Date: Tue Jul 30 15:14:32 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907301514323
70639-88390294-620b0406eb35d7b8640db2664
bdc1666c2b4aacfeffbc7e4636426bf076c4df77
-DA-14315143-20190730122247534665