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. 88437486 FLAMINGO ESTATE(Standard Characters, see http://uspto.report/TM/88437486/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Remarks, permanent resident card (redacted), 1098 form (redacted), three trademark registrations and eighteen websites showing the use of the word "Flamingo" being commonly used as a brand name for items in Classes 4 and 30. has been attached.
Original PDF file:
evi_10817011634-20200214120455299769_._FLAMINGO_ESTATE_reply.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_10817011634-20200214120455299769_._1098StatementRedacted.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_10817011634-20200214120455299769_._RCGREENCARD2016Redacted.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_.__Design_Works_14_oz_Soy_Wax_Candle__Flamingo__Home___Kitchen.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._te_Barn_Flamingo_Beach_3_Wick_Scented_Candle__Home___Kitchen.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Black_Flamingo_Candle_Co._-_Home___Facebook.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._FLA-TM-001B_ROA-88437575_1_.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Original PDF file:
evi_10817011634-20200214120455299769_._Flamin__Flamingo_Candles_-_Home___Facebook.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Flamingo_Beach_-_Bath___Body_Works___Candlefind.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Flamingo_Candle_-_Dark_Pink___cinder___salt.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Final_Markdowns___Final_Markdowns___Collections___Z_Gallerie.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._go_Candle_and_Soap_Gift_Set_-_The_Old_Farmer_s_General_Store.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_10817011634-20200214120455299769_._Flamingo_Candles_Pink_Lemonade_Classic.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Flamingo_Island_Scented_Candle_-_Top_Quality_by_AVON.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Maison_La_Bougie_-_Miami_Flamingo_Candle___Candle_Delirium.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._LD_FLAMINGO_10-OZ_GLASS_JAR_CANDLE_WITH_BAHAMIAN_STRAW_PLAIT.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._3973601.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._4753827.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_10817011634-20200214120455299769_._4913115.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_10817011634-20200214120455299769_._Flamingo_Fresca.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Flamingo_Juice_-_Flavourly_-_Untappd.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Juice_Boxes___Flamingo_Orchard.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Pink_Flamingo_Tea.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10817011634-20200214120455299769_._Water___Florida_Royal_Spirits.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Gardening tools, namely, trowels, weeding forks, spades, hoes, gardening gloves, shovels, diggers, planters, rakes, shears
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: Gardening tools, namely, trowels, weeding forks, spades, hoes, gardening gloves, shovels, diggers, planters, rakes, shears; Gardening tools, namely, trowels, weeding forks, spades, hoes, shovels, weed diggers, bulb planters, rakes, shearsClass 008 for Gardening tools, namely, trowels, weeding forks, spades, hoes, shovels, weed diggers, bulb planters, rakes, shears
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 proposes to amend the following class of goods/services in the application:
Current: Class 031 for Agricultural grains for planting; Fresh fruits; Fresh vegetables; Live flowers; Plant seeds; Seeds for planting; Seeds for agricultural purposes; Seeds for horticultural purposes; Agricultural seeds; Crop seeds; Flower seeds; Herb seeds for planting; Vegetable seeds for planting
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: Agricultural grains for planting; Fresh fruits; Fresh vegetables; Live flowers; Plant seeds; Seeds for planting; Seeds for agricultural purposes; Seeds for horticultural purposes; Agricultural seeds; Crop seeds; Flower seeds; Herb seeds for planting; Vegetable seeds for plantingClass 031 for Agricultural grains for planting; Fresh vegetables; Live flowers; Plant seeds; Seeds for planting; Seeds for agricultural purposes; Seeds for horticultural purposes; Agricultural seeds; Crop seeds; Flower seeds; Herb seeds for planting; Vegetable seeds for planting
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 proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services in the nature of television or internet streaming series related to gardening
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: Entertainment services in the nature of television or internet streaming series related to gardening; Entertainment services in the nature of an ongoing series related to gardening provided through television and the internet.Class 041 for Entertainment services in the nature of an ongoing series related to gardening provided through television and the internet.
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 021 for Gardening gloves.
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: David P. Gordon. David P. Gordon of GORDON & JACOBSON, P.C., is located at

      60 LONG RIDGE ROAD, SUITE 407
      STAMFORD, Connecticut 06902
      US
The docket/reference number is FLA-TM-001A.

The phone number is 203-323-1800.

The fax number is 203-323-1803.

The email address is davidg@gjip.com

The applicants proposed attorney information: David P. Gordon. Other appointed attorneys are David S. Jacobson, Jay P. Sbrollini, Christian Mannino. David P. Gordon of GORDON & JACOBSON, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      60 LONG RIDGE ROAD, SUITE 407
      STAMFORD, Connecticut 06902
      United States
The docket/reference number is FLA-TM-001A.

The phone number is 203-323-1800.

The fax number is 203-323-1803.

The email address is davidg@gjip.com

David P. Gordon 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: DAVID P. GORDON. DAVID P. GORDON of GORDON & JACOBSON, P.C., is located at

      60 LONG RIDGE ROAD, SUITE 407
      STAMFORD, Connecticut 06902
      US
The docket/reference number is FLA-TM-001A.

The phone number is 203-323-1800.

The fax number is 203-323-1803.

The email address is davidg@gjip.com; pto@gordonjacobson.com

The applicants proposed correspondence information: David P. Gordon. David P. Gordon of GORDON & JACOBSON, P.C., is located at

      60 LONG RIDGE ROAD, SUITE 407
      STAMFORD, Connecticut 06902
      United States
The docket/reference number is FLA-TM-001A.

The phone number is 203-323-1800.

The fax number is 203-323-1803.

The email address is davidg@gjip.com; pto@gordonjacobson.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
To the best of applicant's knowledge, "Flamingo" and/or "Estate" have not been used and will not be used as a varietal or cultivar name. To the best of applicant's knowledge, "Flamingo" and/or "Estate" has never been used and will not be used in connection with a plant patent, utility patent, or certificate for plant variety protection. Applicant disclaims the terms "Flamingo" and "Estate" apart from the mark as shown for class 31 only.


FEE(S)
Fee(s) in the amount of $225 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: /Christian Mannino/     Date: 02/14/2020
Signatory's Name: Christian Mannino
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 203-323-1800

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:    DAVID P. GORDON
   GORDON & JACOBSON, P.C.
   
   60 LONG RIDGE ROAD, SUITE 407
   STAMFORD, Connecticut 06902
Mailing Address:    David P. Gordon
   GORDON & JACOBSON, P.C.
   60 LONG RIDGE ROAD, SUITE 407
   STAMFORD, Connecticut 06902
        
RAM Sale Number: 88437486
RAM Accounting Date: 02/14/2020
        
Serial Number: 88437486
Internet Transmission Date: Fri Feb 14 13:24:56 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202002141324561
04044-88437486-7009495788d773b883cbbdc9f
58dd2397e791b739c6508fb6da362ea1afe893ae
-CC-24532146-20200214120455299769