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. 88448975 SP SWEET PETALS (Stylized and/or with Design, see http://uspto.report/TM/88448975/mark.png) has been amended as follows:

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

APPLICANT?S CURRENT SPECIMEN OF USE IS ACCEPTABLE BECAUSE IT DOES SHOW USE OF THE MARK IN CONNECTION WITH RETAIL STORE SERVICES FEATURING FLOWERS A service mark specimen must show the mark as actually used in the sale or advertising of the services recited in the application. 37 C.F.R. ?2.56(b)(2); TMEP ? 1301.04. Acceptable specimens may include signs, brochures, billboards, handbills, direct-mail leaflets, and the like. TMEP ? 1301.04 et seq. In determining whether a specimen is acceptable evidence of service mark use, the examining attorney may consider applicant?s explanations as to how the specimen is used, along with any other available evidence in the record that shows how the mark is actually used. See In re International Environmental Corp., 230 USPQ 688 (TTAB 1986). The specimen submitted by Applicant in connection with its Combined Declaration consisted of a photograph of a sign featuring Applicant?s mark. The sign appears in connection with the retail store where Applicant sells flowers. Signs are acceptable service mark specimens. See TMEP ? 1301.04 et seq. The sign in the photograph submitted by Applicant is a prominient store sign in connection and it is clear that the items being sold by the SP SWEET PETALS store are flowers. Prospective customers viewing the mark as they enter Applicant?s flower portion of its store are clearly going to understand that Applicant is selling flowers through its retail stores and, thus, are clearly going to recognize that Applicant is using the mark in connection with the performance of those services. Applicant believes that the foregoing explanation sufficiently demonstrates that the specimen submitted with the Combined Declaration is acceptable. See In re International Environmental Corp., 230 USPQ 688. Applicant also encloses herewith additional uses of SP SWEET PETALS on bags for its store, demonstrating that the usage of the mark is for retail store services, showing the mark used in connection with store bags for bagging the products sold. Applicant respectfully requests that its Application be approved for publication at an early date.

EVIDENCE
Evidence in the nature of Samples of usage in association with bags used at the retail store. has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail sale of flowers
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 01/00/2018 and first used in commerce at least as early as 01/00/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Retail sale of flowers; retail store services featuring flowersClass 035 for retail store services featuring flowers
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 01/00/2018 and first used in commerce at least as early as 01/00/2018 , and is now in use in such commerce.
The applicant's current attorney information: Gregory C. Golla. Gregory C. Golla of MERCHANT & GOULD P.C., is located at

      P.O. BOX 2910
      MINNEAPOLIS, Minnesota 55402-0910
      US
The docket/reference number is 8442.752US01.

The phone number is 612-332-5300.

The fax number is 612.332.9081.

The email address is dockmpls@merchantgould.com

The applicants proposed attorney information: Gregory C. Golla. Gregory C. Golla of MERCHANT & GOULD P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 2910
      MINNEAPOLIS, Minnesota 55402-0910
      United States
The docket/reference number is 8442.752US01.

The phone number is 612-332-5300.

The fax number is 612.332.9081.

The email address is dockmpls@merchantgould.com

Gregory C. Golla 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: GREGORY C. GOLLA. GREGORY C. GOLLA of MERCHANT & GOULD P.C., is located at

      P.O. BOX 2910
      MINNEAPOLIS, Minnesota 55402-0910
      US
The docket/reference number is 8442.752US01.

The phone number is 612-332-5300.

The fax number is 612.332.9081.

The email address is dockmpls@merchantgould.com

The applicants proposed correspondence information: Gregory C. Golla. Gregory C. Golla of MERCHANT & GOULD P.C., is located at

      80 S Eighth Street
      P.O. BOX 2910
      MINNEAPOLIS, Minnesota 55402-0910
      United States
The docket/reference number is 8442.752US01.

The phone number is 612-332-5300.

The fax number is 612.332.9081.

The email address is dockmpls@merchantgould.com; ggolla@merchantgould.com

SIGNATURE(S)
Response Signature
Signature: /gcg/     Date: 12/17/2019
Signatory's Name: Gregory Golla
Signatory's Position: Attorney of record

Signatory's Phone Number: 6123325300

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:    GREGORY C. GOLLA
   MERCHANT & GOULD P.C.
   
   P.O. BOX 2910
   MINNEAPOLIS, Minnesota 55402-0910
Mailing Address:    Gregory C. Golla
   MERCHANT & GOULD P.C.
   80 S Eighth Street
   P.O. BOX 2910
   MINNEAPOLIS, Minnesota 55402-0910
        
Serial Number: 88448975
Internet Transmission Date: Tue Dec 17 15:35:36 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019121715353656
6052-88448975-70023f77e9f53cf76a3c8c120f
8e9eb99e64673f3c281258f50d97138c0d37bc1a
5-N/A-N/A-20191217152813722196