Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  July 02, 2019

 

The assigned trademark examining attorney has reviewed the referenced applications. TMEP § 705.01.

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by Vanessa A. Ignacio on June 28, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

DISCLAIMER STATEMENT

 

The following disclaimer statement is added to the record:

 

            No claim is made to the exclusive right to use “PLANT” apart from the mark as shown.

 

See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).

 

AMENDED MARK DESCRIPTION

 

The following description of the mark replaces the current description of record:

 

The mark consists of a rectangular box with a forest green border across the top edge and the words “STEM & ROOT” in forest green are positioned beneath the forest green border. The ampersand between “STEM” and “ROOT” contains a lime green leaf design pointing upward to the right. To the right of the word “ROOT”, are the words “PROVEN PLANT POWER” in lime green. Beneath the literal element is a larger stylized ampersand in red that contains four lime green leaves with stems and a flower design in white, green, black and red, which is shown partially inside and outside of the perimeters of the ampersand design. A red bar is shown at the bottom right of the ampersand. The design is all on a white background.

 

See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.

 

WHAT HAPPENS NEXT

 

After issuance of an examiner’s amendment, the trademark examining attorney will usually approve the mark for publication in the Official Gazette, a weekly publication of the USPTO.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date of publication. 

 

The purpose of publishing applicant’s mark in the Official Gazette is to provide an opportunity to third parties who believe they may be damaged by registration of applicant’s mark to oppose its registration within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on such matters.  If an opposition proceeding is instituted to oppose registration of applicant’s mark, applicant will receive notice.  In such cases, due to the complexity of such matters, applicant may wish to hire an attorney.

 

If the mark is published based upon the actual use of the mark in commerce, or based on a foreign registration, and no party opposes its registration, the USPTO will normally register the mark and issue a registration certificate within approximately twelve (12) weeks after the date the mark was published.

 

If the mark is published based upon the applicant’s bona fide intention to use the mark in commerce, the USPTO will issue a “Notice of Allowance” within approximately eight (8) weeks after the date the mark was published, if no party files an opposition.  Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use.”  Extension requests are granted for six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance.  If not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension of time.

 

Forms for extension requests and Statements of Use are available online at http://www.gov.uspto.report/trademarks/teas/intent_to_use.jsp.  For more information about the additional requirements for intent to use applications, visit the USPTO website.  Only after a Statement of Use is approved by the trademark examining attorney will the USPTO issue a registration certificate.

88404459

 

/Marynelle W. Wilson/

Marynelle Wilson

Law Office 113

(571) 272-7978

marynelle.wilson@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 02, 2019 for

U.S. Trademark Application Serial No. 88411065

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Marynelle W. Wilson/

Marynelle Wilson

Law Office 113

(571) 272-7978

marynelle.wilson@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”