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)

---

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. 88438019 FARM TO FORMULA(Standard Characters, see http://uspto.report/TM/88438019/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant respectfully submits that the amended identification of goods should be deemed acceptable because it provides sufficient detail regarding the nature of the applicant’s chemical preparations. Specifically, the amended identification states that the goods are “raw material ingredients in the nature of chemical preparations for use in industry,” that most of them are “bio-based,” and that they are “all for use in the manufacture of cosmetics, personal care preparations, foods and beverages.” The amended identification also describes the use of each chemical (e.g. “bio-based chemicals for use as hair conditioning agents”). The Trademark Manual of Acceptable Goods and Services includes related identifications that include far less detail, including “chemicals for use in industry and science” and “chemicals for use in the manufacture of_____,” and other similar descriptions. Accordingly, Applicant respectfully requests that the amended identification should be approved.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 001 for Chemical compositions and botanical extracts for use in the manufacture of cosmetics, personal care preparations, foods and beverages; raw material ingredients consisting of abrasives, absorbents, adhesives, adhesion promoters, anti-acne agents, anti-caking agents, anti-dandruff agents, anti-foaming agents, anti-fungal agents, anti-inflammatory agents, anti-irritant agents, anti-microbial agents, antioxidants, anti-perspirant agents, anti-static agents, anti-tack agents, astringents, binders, bioactives, bulking agents, chelating agents, sequestrants, colorants, delivery systems, carriers, denaturants, deodorant agents, dispersing agents, exfoliants, peeling agents, extenders, fillers, film formers, flavoring agents, fragrance ingredients, hair conditioning agents, hair fixatives, hair growth agents, anti-hair loss agents, hair removal agents, hair-waving agents, straightening agents, lytic agents, matting agents, nail building agents, nail conditioning agents, opacifying agents, pearlizing agents, oral care agents, oxidizing agents, ph adjusters, buffering agents, plasticizers, preservatives, propellants, protectants, reducing agents, skin bleaching agents, lightening agents, skin conditioning agents, slip modifiers, solubilizing agents, solvents, stabilizers, sunscreen agents, surfactants, and viscosity modifiers, for use in the manufacture of cosmetics, personal care preparations, foods and beverages
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: Chemical compositions and botanical extracts for use in the manufacture of cosmetics, personal care preparations, foods and beverages; raw material ingredients consisting of abrasives, absorbents, adhesives, adhesion promoters, anti-acne agents, anti-caking agents, anti-dandruff agents, anti-foaming agents, anti-fungal agents, anti-inflammatory agents, anti-irritant agents, anti-microbial agents, antioxidants, anti-perspirant agents, anti-static agents, anti-tack agents, astringents, binders, bioactives, bulking agents, chelating agents, sequestrants, colorants, delivery systems, carriers, denaturants, deodorant agents, dispersing agents, exfoliants, peeling agents, extenders, fillers, film formers, flavoring agents, fragrance ingredients, hair conditioning agents, hair fixatives, hair growth agents, anti-hair loss agents, hair removal agents, hair-waving agents, straightening agents, lytic agents, matting agents, nail building agents, nail conditioning agents, opacifying agents, pearlizing agents, oral care agents, oxidizing agents, ph adjusters, buffering agents, plasticizers, preservatives, propellants, protectants, reducing agents, skin bleaching agents, lightening agents, skin conditioning agents, slip modifiers, solubilizing agents, solvents, stabilizers, sunscreen agents, surfactants, and viscosity modifiers, for use in the manufacture of cosmetics, personal care preparations, foods and beverages; raw material ingredients in the nature of chemical preparations for use in industry, namely, abrasive compositions, adhesives, adhesion promoters, bio-based chemicals for use as anti-acne agents, anti-caking agents, bio-based chemicals for use as anti-dandruff agents, bio-based chemicals for use as anti-foaming agents, bio-based chemicals for use as anti-fungal agents, bio-based chemicals for use as anti-inflammatory agents, bio-based chemicals for use as anti-irritant agents, bio-based chemicals for use as anti-microbial agents, bio-based chemicals for use as antioxidants, bio-based chemicals for use as anti-perspirant agents, bio-based chemicals for use as anti-static agents, bio-based chemicals for use as anti-tack agents, bio-based chemicals for use as astringents, bio-based chemicals for use as cosmetic powder binders, bio-based chemical agents for chelating, bio-based chemical agents for sequestering, bio-based chemicals for use as cosmetic active ingredient delivery systems, bio-based chemicals for use as denaturants, bio-based chemicals for use as deodorant agents, dispersing agents, bio-based chemicals for use as exfoliants, bio-based chemicals for use as peeling agents, bio-based chemicals for use as film formers, bio-based chemicals for use as flavoring agents, bio-based chemicals for use as fragrance ingredients, bio-based chemicals for use as hair conditioning agents, bio-based chemicals for use as hair fixatives, bio-based chemicals for use as hair growth agents, bio-based chemicals for use as anti-hair loss agents, bio-based chemicals for use as hair removal agents, bio-based chemicals for use as hair-waving agents, bio-based chemicals for use as straightening agents, bio-based chemicals for use as lytic agents, bio-based chemicals for use as nail building agents, bio-based chemicals for use as nail conditioning agents, bio-based chemicals for use as pearlizing agents, bio-based chemicals for use as skin conditioning agents, bio-based chemicals for use as solubilizing agents, solvents, bio-based chemicals for use as stabilizers, bio-based surfactants, and viscosity modifiers, all for use in the manufacture of cosmetics, personal care preparations, foods and beveragesClass 001 for Chemical compositions and botanical extracts for use in the manufacture of cosmetics, personal care preparations, foods and beverages; raw material ingredients in the nature of chemical preparations for use in industry, namely, abrasive compositions, adhesives, adhesion promoters, bio-based chemicals for use as anti-acne agents, anti-caking agents, bio-based chemicals for use as anti-dandruff agents, bio-based chemicals for use as anti-foaming agents, bio-based chemicals for use as anti-fungal agents, bio-based chemicals for use as anti-inflammatory agents, bio-based chemicals for use as anti-irritant agents, bio-based chemicals for use as anti-microbial agents, bio-based chemicals for use as antioxidants, bio-based chemicals for use as anti-perspirant agents, bio-based chemicals for use as anti-static agents, bio-based chemicals for use as anti-tack agents, bio-based chemicals for use as astringents, bio-based chemicals for use as cosmetic powder binders, bio-based chemical agents for chelating, bio-based chemical agents for sequestering, bio-based chemicals for use as cosmetic active ingredient delivery systems, bio-based chemicals for use as denaturants, bio-based chemicals for use as deodorant agents, dispersing agents, bio-based chemicals for use as exfoliants, bio-based chemicals for use as peeling agents, bio-based chemicals for use as film formers, bio-based chemicals for use as flavoring agents, bio-based chemicals for use as fragrance ingredients, bio-based chemicals for use as hair conditioning agents, bio-based chemicals for use as hair fixatives, bio-based chemicals for use as hair growth agents, bio-based chemicals for use as anti-hair loss agents, bio-based chemicals for use as hair removal agents, bio-based chemicals for use as hair-waving agents, bio-based chemicals for use as straightening agents, bio-based chemicals for use as lytic agents, bio-based chemicals for use as nail building agents, bio-based chemicals for use as nail conditioning agents, bio-based chemicals for use as pearlizing agents, bio-based chemicals for use as skin conditioning agents, bio-based chemicals for use as solubilizing agents, solvents, bio-based chemicals for use as stabilizers, bio-based surfactants, and viscosity modifiers, all for use in the manufacture of cosmetics, personal care preparations, foods and beverages
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Green Line Botanicals, LLC, a limited liability company legally organized under the laws of New Jersey, having an address of
      8 Crown Plaza, Suite 101
      Hazlet, New Jersey 07730
      United States

Proposed: Green Line Botanicals, LLC, a limited liability company legally organized under the laws of New Jersey, having an address of
      8 Crown Plaza, Suite 101
      Hazlet, New Jersey 07730
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Kelly J. Garrone. Kelly J. Garrone of MCCARTER & ENGLISH, LLP, is located at

      FOUR GATEWAY CENTER
      100 MULBERRY STREET
      NEWARK, New Jersey 07102
      United States
The docket/reference number is 131269-00002.
      The phone number is 973-639-6977.
      The fax number is 973-624-7070.
      The email address is kgarrone@mccarter.com

The owner's/holder's proposed attorney information: Kelly J. Garrone. Other appointed attorneys are Beverly W. Lubit, Ph.D.. Kelly J. Garrone of MCCARTER & ENGLISH, 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

      FOUR GATEWAY CENTER
      100 MULBERRY STREET
      NEWARK, New Jersey 07102
      United States
The docket/reference number is 131269-00002.
      The phone number is 973-639-6977.
      The fax number is 973-624-7070.
      The email address is kgarrone@mccarter.com

Kelly J. Garrone 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.Correspondence Information (current):
      KELLY J. GARRONE\
      PRIMARY EMAIL FOR CORRESPONDENCE: kgarrone@mccarter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dpopovic@mccarter.com

The docket/reference number is 131269-00002.
Correspondence Information (proposed):
      Kelly J. Garrone
      PRIMARY EMAIL FOR CORRESPONDENCE: kgarrone@mccarter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dpopovic@mccarter.com

The docket/reference number is 131269-00002.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Kelly J. Garrone/     Date: 02/20/2020
Signatory's Name: Kelly J. Garrone
Signatory's Position: Attorney of Record, NJ Bar Member

Signatory's Phone Number: 973-639-6977

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:    KELLY J. GARRONE\
   MCCARTER & ENGLISH, LLP
   FOUR GATEWAY CENTER
   100 MULBERRY STREET
   NEWARK, New Jersey 07102
Mailing Address:    Kelly J. Garrone
   MCCARTER & ENGLISH, LLP
   FOUR GATEWAY CENTER
   100 MULBERRY STREET
   NEWARK, New Jersey 07102
        
Serial Number: 88438019
Internet Transmission Date: Thu Feb 20 13:38:06 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202002201338068600
98-88438019-710cebce7c73576da9d5b8c54bb1
3aa2c9c2f8b5058c0584cc327629d96a6d9a-N/A
-N/A-20200220102208370416