To: | DLF Pickseed USA, Inc. (mlivermore@eugenelaw.com) |
Subject: | U.S. Trademark Application Serial No. 88476201 - X-PAND - N/A |
Sent: | July 11, 2019 02:34:27 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88476201
Mark: X-PAND
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Correspondence Address: |
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Applicant: DLF Pickseed USA, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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PRIORITY ACTION
NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 11, 2019
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.
Applicant must address issues shown below. On July 9, 2019, the examining attorney and Megan Livermore discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
SUMMARY OF ISSUES:
REQUIREMENT TO AMEND IDENTIFICATION OF GOODS
Applicant may substitute the following wording, if accurate (proposed amendments in bold):
International Class 1: Acrylic co-polymer in the nature of a chemical preparation used as a soil stabilizer and dust palliative for dust and erosion control and for protecting the soil from water and wind erosion; Growing media for plants, namely, compressed coir particles as a growth medium; Horticultural products, namely, soil amendments that are incorporated into or onto a turf, lawn or soil profile for creating a health medium for increased root growth and/or a smoother turf or lawn surface cut or appearance; Planting soil; Potting soil; Soil additives.
International Class 31: no change
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Applicant should note the following additional requirement.
REQUIREMENT TO DELETE TM SYMBOL FROM DRAWING
Applicant must submit a new drawing with the TM symbol deleted from the drawing of the mark; this symbol is not part of the mark and is not registrable. See 37 C.F.R. §2.72; TMEP §807.14(a). Although applicant must delete this matter, applicant may not make any other changes or amendments that would materially alter the drawing of the mark. See 37 C.F.R. §2.72; TMEP §§807.14 et seq. For more information about deleting matter from the drawing, see the Drawing webpage.
(1) Shows the mark either in black on a white background, if color is not a feature of the mark, or in color on a white background, if color is a feature of the mark.
(2) Is of sufficient quality that will reproduce well.
(3) Includes in the application a description of all literal and design elements in the mark.
37 C.F.R. §§2.37, 2.52(b), 2.53(b)-(c), 2.54(e); see TMEP §§807.04-.04(a), 808.01-.02.
For more information about special form drawings and drawings in general, and instructions on how to submit a drawing, see the Drawing webpage.
RESPONSE GUIDELINES
How to respond. Click to file a response to this nonfinal Office action.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Oreoluwa Alao/
Oreoluwa Alao
Examining Attorney
Law Office 108
(571)270-7210
oreoluwa.alao@uspto.gov
RESPONSE GUIDANCE