Response to Office Action

X·PAND

DLF Pickseed USA, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88476215
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION (current)
MARK http://uspto.report/TM/88476215/mark.png
LITERAL ELEMENT X-PAND
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
MARK SECTION (proposed)
MARK X·PAND
LITERAL ELEMENT X·PAND
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (001)(current)
INTERNATIONAL CLASS 001
DESCRIPTION
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, including 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
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 08/15/2007
        FIRST USE IN COMMERCE DATE At least as early as 02/03/2008
GOODS AND/OR SERVICES SECTION (001)(proposed)
INTERNATIONAL CLASS 001
TRACKED TEXT DESCRIPTION
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, including compressed coir particles as a growth medium; 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
FINAL DESCRIPTION
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
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 08/15/2007
       FIRST USE IN COMMERCE DATE At least as early as 02/03/2008
GOODS AND/OR SERVICES SECTION (031)(current)
INTERNATIONAL CLASS 031
DESCRIPTION
Flower seeds, namely, wildflower seeds and wildflower seed mixtures
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 08/15/2007
        FIRST USE IN COMMERCE DATE At least as early as 02/03/2008
GOODS AND/OR SERVICES SECTION (031)(proposed)
INTERNATIONAL CLASS 031
DESCRIPTION
Flower seeds, namely, wildflower seeds and wildflower seed mixtures
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 08/15/2007
       FIRST USE IN COMMERCE DATE At least as early as 02/03/2008
SIGNATURE SECTION
RESPONSE SIGNATURE /Jonathan M. Hood/
SIGNATORY'S NAME Jonathan M. Hood
SIGNATORY'S POSITION Attorney of record, Oregon bar member
SIGNATORY'S PHONE NUMBER 541-686-9160
DATE SIGNED 08/02/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Aug 02 11:21:36 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20190802112136291626-8847
6215-620d685f42c95a5059fc
26e1820d170ead3ef20ebd4df
b84c58a01958df967-N/A-N/A
-20190802110931733333



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. 88476215 X-PAND(Standard Characters, see http://uspto.report/TM/88476215/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: X-PAND(Standard Characters, see http://uspto.report/TM/88476215/mark.png)
Proposed (USPTO generated image): X·PAND (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for 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, including 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
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 08/15/2007 and first used in commerce at least as early as 02/03/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: 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, including compressed coir particles as a growth medium; 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 additivesClass 001 for 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
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 08/15/2007 and first used in commerce at least as early as 02/03/2008 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Flower seeds, namely, wildflower seeds and wildflower seed mixtures
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 08/15/2007 and first used in commerce at least as early as 02/03/2008 , and is now in use in such commerce.

Proposed: Class 031 for Flower seeds, namely, wildflower seeds and wildflower seed mixtures
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 08/15/2007 and first used in commerce at least as early as 02/03/2008 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Jonathan M. Hood/     Date: 08/02/2019
Signatory's Name: Jonathan M. Hood
Signatory's Position: Attorney of record, Oregon bar member

Signatory's Phone Number: 541-686-9160

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88476215
Internet Transmission Date: Fri Aug 02 11:21:36 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201908021121362
91626-88476215-620d685f42c95a5059fc26e18
20d170ead3ef20ebd4dfb84c58a01958df967-N/
A-N/A-20190802110931733333


Response to Office Action [image/jpeg]


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