Response to Office Action

OLIVIA'S ORGANICS CHILDREN'S FOUNDATION INVESTING IN THE LIVES OF CHILDREN

State Garden, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88402607
LAW OFFICE ASSIGNED LAW OFFICE 118
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88402607/mark.png
LITERAL ELEMENT OLIVIA'S ORGANICS CHILDREN'S FOUNDATIONINVESTING IN THE LIVES OF CHILDREN
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a child's face in a box appearing to the left of the words Olivia's Organics Children's Foundation Investing in the lives of children.
GOODS AND/OR SERVICES SECTION (029)(current)
INTERNATIONAL CLASS 029
DESCRIPTION pre-cut vegetable salad
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/04/2015
        FIRST USE IN COMMERCE DATE At least as early as 09/04/2015
GOODS AND/OR SERVICES SECTION (029)(proposed)
INTERNATIONAL CLASS 029
TRACKED TEXT DESCRIPTION
pre-cut vegetable salad; Organic pre-cut vegetable salad
FINAL DESCRIPTION Organic pre-cut vegetable salad
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/04/2015
       FIRST USE IN COMMERCE DATE At least as early as 09/04/2015
GOODS AND/OR SERVICES SECTION (031)(current)
INTERNATIONAL CLASS 031
DESCRIPTION fresh vegetables
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/10/2015
        FIRST USE IN COMMERCE DATE At least as early as 09/10/2015
GOODS AND/OR SERVICES SECTION (031)(proposed)
INTERNATIONAL CLASS 031
TRACKED TEXT DESCRIPTION
fresh vegetables; Organic fresh vegetables
FINAL DESCRIPTION Organic fresh vegetables
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/10/2015
       FIRST USE IN COMMERCE DATE At least as early as 09/10/2015
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use "ORGANICS CHILDREN'S FOUNDATION" apart from the mark as shown.
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_3811157194-082138644_._Signed_Declaration.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\884\026\88402607\xml7\ROA0002.JPG
SIGNATORY'S NAME David Bernstein
SIGNATORY'S POSITION CFO
RESPONSE SIGNATURE /Erica L. Han/
SIGNATORY'S NAME Erica L. Han
SIGNATORY'S POSITION Attorney of record, Massachusetts bar member
SIGNATORY'S PHONE NUMBER 617-951-7519
DATE SIGNED 08/23/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Aug 23 10:35:52 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0190823103552416792-88402
607-61099d8af16957b5e378e
285699313df84066fa2f7adda
393ea36ba87dc12d36-N/A-N/
A-20190823082138644225



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. 88402607 OLIVIA'S ORGANICS CHILDREN'S FOUNDATIONINVESTING IN THE LIVES OF CHILDREN (Stylized and/or with Design, see http://uspto.report/TM/88402607/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 029 for pre-cut vegetable salad
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/04/2015 and first used in commerce at least as early as 09/04/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: pre-cut vegetable salad; Organic pre-cut vegetable saladClass 029 for Organic pre-cut vegetable salad
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/04/2015 and first used in commerce at least as early as 09/04/2015 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for fresh vegetables
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/10/2015 and first used in commerce at least as early as 09/10/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: fresh vegetables; Organic fresh vegetablesClass 031 for Organic fresh vegetables
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/10/2015 and first used in commerce at least as early as 09/10/2015 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "ORGANICS CHILDREN'S FOUNDATION" apart from the mark as shown.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_3811157194-082138644_._Signed_Declaration.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: David Bernstein
Signatory's Position: CFO

Response Signature
Signature: /Erica L. Han/     Date: 08/23/2019
Signatory's Name: Erica L. Han
Signatory's Position: Attorney of record, Massachusetts bar member

Signatory's Phone Number: 617-951-7519

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.

        
Serial Number: 88402607
Internet Transmission Date: Fri Aug 23 10:35:52 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019082310355241
6792-88402607-61099d8af16957b5e378e28569
9313df84066fa2f7adda393ea36ba87dc12d36-N
/A-N/A-20190823082138644225


Response to Office Action [image/jpeg]


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