Response to Office Action

BIOTHERM

BioTherm Hydronic, 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 88512371
LAW OFFICE ASSIGNED LAW OFFICE 128
MARK SECTION
MARK http://uspto.report/TM/88512371/mark.png
LITERAL ELEMENT BIOTHERM
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 (011)(current)
INTERNATIONAL CLASS 011
DESCRIPTION
Heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems for horticultural use; environmental control equipment for greenhouses; environmental control equipment for horticultural use; irrigation systems, conduit and fittings for horticultural use; apparatus for treatment of irrigation water; apparatus for heating irrigation water; apparatus for cooling irrigation water; oxygen generators; apparatus for sensing and controlling dissolved oxygen for horticultural use; apparatus for infusing gas into liquid; gas infusers for treatment of irrigation water; apparatus for infusing oxygen into water used for irrigating crops and plants; dehumidification systems for horticultural use; air conditioning systems for horticultural use; carbon dioxide enhancement systems for horticultural use; services for the horticultural industry, namely, design of heating systems, cooling systems, irrigation systems, air conditioning systems, and nutrient management systems
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/01/1982
        FIRST USE IN COMMERCE DATE At least as early as 12/01/1982
GOODS AND/OR SERVICES SECTION (011)(proposed)
INTERNATIONAL CLASS 011
TRACKED TEXT DESCRIPTION
heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems for horticultural use; heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment for greenhouses; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for greenhouses; environmental control equipment for horticultural use; environmental control equipment in the nature of chillers, dehumidifiers and CO2 gas generators for greenhouses; irrigation systems, conduit and fittings for horticultural use; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; apparatus for treatment of irrigation water; environmental control equipment in the nature of chillers, dehumidifiers and carbon dioxide gas generators and diffusers for horticultural use; apparatus for heating irrigation water; water treatment equipment, namely, apparatus for treatment of irrigation water by increasing its dissolved oxygen content; apparatus for cooling irrigation water; apparatus for heating irrigation water, namely, hot water heating installations; oxygen generators; apparatus for cooling irrigation water, namely, cooling installations for water; apparatus for sensing and controlling dissolved oxygen for horticultural use; oxygen generators for processing water by increasing oxygen content in the water; apparatus for infusing gas into liquid; water treatment equipment in the nature of apparatus for infusing gas into liquid for treating irrigation water; gas infusers for treatment of irrigation water; water treatment equipment in the nature of gas infusers for treatment of irrigation water; apparatus for infusing oxygen into water used for irrigating crops and plants; water treatment equipment for treating irrigation water in the nature of apparatus for infusing oxygen into water used for irrigating crops and plants; dehumidification systems for horticultural use; dehumidification apparatus systems for horticultural use; air conditioning systems for horticultural use; air conditioning apparatus systems for horticultural use; carbon dioxide enhancement systems for horticultural use; carbon dioxide enhancement systems in the nature of carbon dioxide generators and diffusers for horticultural use; services for the horticultural industry, namely, design of heating systems, cooling systems, irrigation systems, air conditioning systems, and nutrient management systems
FINAL DESCRIPTION
heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for greenhouses; environmental control equipment in the nature of chillers, dehumidifiers and CO2 gas generators for greenhouses; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment in the nature of chillers, dehumidifiers and carbon dioxide gas generators and diffusers for horticultural use; water treatment equipment, namely, apparatus for treatment of irrigation water by increasing its dissolved oxygen content; apparatus for heating irrigation water, namely, hot water heating installations; apparatus for cooling irrigation water, namely, cooling installations for water; oxygen generators for processing water by increasing oxygen content in the water; water treatment equipment in the nature of apparatus for infusing gas into liquid for treating irrigation water; water treatment equipment in the nature of gas infusers for treatment of irrigation water; water treatment equipment for treating irrigation water in the nature of apparatus for infusing oxygen into water used for irrigating crops and plants; dehumidification apparatus systems for horticultural use; air conditioning apparatus systems for horticultural use; carbon dioxide enhancement systems in the nature of carbon dioxide generators and diffusers for horticultural use
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/01/1982
       FIRST USE IN COMMERCE DATE At least as early as 12/01/1982
GOODS AND/OR SERVICES SECTION (006)(class added)
INTERNATIONAL CLASS 006
DESCRIPTION
irrigation conduits and fittings of metal for horticultural use
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/01/1982
        FIRST USE IN COMMERCE DATE At least as early as 12/01/1982
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\885\123\88512371\xml4\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\123\88512371\xml4\ ROA0003.JPG
       SPECIMEN DESCRIPTION label applied to packaging for the goods
GOODS AND/OR SERVICES SECTION (009)(class added)
INTERNATIONAL CLASS 009
DESCRIPTION
electrical controls for irrigation systems; apparatus in the nature of gas sensors for determining gas concentration and electromechanical controllers for sensing and controlling dissolved oxygen for horticultural use
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/31/2018
        FIRST USE IN COMMERCE DATE At least as early as 07/31/2018
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\885\123\88512371\xml4\ ROA0004.JPG
       SPECIMEN DESCRIPTION photo of housing for the goods
GOODS AND/OR SERVICES SECTION (019)(class added)
INTERNATIONAL CLASS 019
DESCRIPTION
conduits and fittings of plastic for horticultural irrigation use
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/01/1982
        FIRST USE IN COMMERCE DATE At least as early as 12/01/1982
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\885\123\88512371\xml4\ ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\123\88512371\xml4\ ROA0006.JPG
       SPECIMEN DESCRIPTION label applied to packaging for the goods
GOODS AND/OR SERVICES SECTION (042)(class added)
INTERNATIONAL CLASS 042
DESCRIPTION
services for the horticultural industry, namely, design of heating systems, cooling systems, irrigation systems, air conditioning systems, and nutrient management systems
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/01/1982
        FIRST USE IN COMMERCE DATE At least as early as 12/01/1982
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\885\123\88512371\xml4\ ROA0007.JPG
       SPECIMEN DESCRIPTION screen capture of web site where the services are advertised and promoted
ATTORNEY SECTION (current)
NAME Derek J. Westberg, Esq
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME WESTBERG LAW OFFICES
STREET 569 CLYDE AVE STE 530
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94043
COUNTRY US
PHONE 650-968-2041
FAX 6509684383
EMAIL derek@westberglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER BIO-01000
ATTORNEY SECTION (proposed)
NAME Derek J. Westberg, Esq
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME WESTBERG LAW OFFICES
STREET 569 CLYDE AVE STE 530
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94043
COUNTRY United States
PHONE 650-968-2041
FAX 6509684383
EMAIL derek@westberglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER BIO-01000
CORRESPONDENCE SECTION (current)
NAME DEREK J. WESTBERG, ESQ
FIRM NAME WESTBERG LAW OFFICES
STREET 569 CLYDE AVE STE 530
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94043
COUNTRY US
PHONE 650-968-2041
FAX 6509684383
EMAIL derek@westberglaw.com; derekwestberg@yahoo.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER BIO-01000
CORRESPONDENCE SECTION (proposed)
NAME Derek J. Westberg, Esq
FIRM NAME WESTBERG LAW OFFICES
STREET 569 CLYDE AVE STE 530
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94043
COUNTRY United States
PHONE 650-968-2041
FAX 6509684383
EMAIL derek@westberglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER BIO-01000
PAYMENT SECTION
NUMBER OF CLASSES 4
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 1100
SIGNATURE SECTION
DECLARATION SIGNATURE /Derek J. Westberg/
SIGNATORY'S NAME Derek J. Westberg, Esq.
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 6509682041
DATE SIGNED 01/09/2020
RESPONSE SIGNATURE /Derek J. Westberg/
SIGNATORY'S NAME Derek J. Westberg, Esq.
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 6509682041
DATE SIGNED 01/09/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jan 09 18:54:34 EST 2020
TEAS STAMP USPTO/ROA-XXXX:XXX:XXXX:X
XXX:XXXX:XXXX:XXXX:XXXX-2
0200109185434059869-88512
371-7005c23303ea840876a1c
5fca57123cdb70ad8f485ca42
43ac2cce0a6e9a4943c-CC-54
327299-202001091806449401
11



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. 88512371 BIOTHERM(Standard Characters, see http://uspto.report/TM/88512371/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems for horticultural use; environmental control equipment for greenhouses; environmental control equipment for horticultural use; irrigation systems, conduit and fittings for horticultural use; apparatus for treatment of irrigation water; apparatus for heating irrigation water; apparatus for cooling irrigation water; oxygen generators; apparatus for sensing and controlling dissolved oxygen for horticultural use; apparatus for infusing gas into liquid; gas infusers for treatment of irrigation water; apparatus for infusing oxygen into water used for irrigating crops and plants; dehumidification systems for horticultural use; air conditioning systems for horticultural use; carbon dioxide enhancement systems for horticultural use; services for the horticultural industry, namely, design of heating systems, cooling systems, irrigation systems, air conditioning systems, and nutrient management systems
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 12/01/1982 and first used in commerce at least as early as 12/01/1982 , and is now in use in such commerce.

Proposed:
Tracked Text Description: heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems for horticultural use; heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment for greenhouses; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for greenhouses; environmental control equipment for horticultural use; environmental control equipment in the nature of chillers, dehumidifiers and CO2 gas generators for greenhouses; irrigation systems, conduit and fittings for horticultural use; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; apparatus for treatment of irrigation water; environmental control equipment in the nature of chillers, dehumidifiers and carbon dioxide gas generators and diffusers for horticultural use; apparatus for heating irrigation water; water treatment equipment, namely, apparatus for treatment of irrigation water by increasing its dissolved oxygen content; apparatus for cooling irrigation water; apparatus for heating irrigation water, namely, hot water heating installations; oxygen generators; apparatus for cooling irrigation water, namely, cooling installations for water; apparatus for sensing and controlling dissolved oxygen for horticultural use; oxygen generators for processing water by increasing oxygen content in the water; apparatus for infusing gas into liquid; water treatment equipment in the nature of apparatus for infusing gas into liquid for treating irrigation water; gas infusers for treatment of irrigation water; water treatment equipment in the nature of gas infusers for treatment of irrigation water; apparatus for infusing oxygen into water used for irrigating crops and plants; water treatment equipment for treating irrigation water in the nature of apparatus for infusing oxygen into water used for irrigating crops and plants; dehumidification systems for horticultural use; dehumidification apparatus systems for horticultural use; air conditioning systems for horticultural use; air conditioning apparatus systems for horticultural use; carbon dioxide enhancement systems for horticultural use; carbon dioxide enhancement systems in the nature of carbon dioxide generators and diffusers for horticultural use; services for the horticultural industry, namely, design of heating systems, cooling systems, irrigation systems, air conditioning systems, and nutrient management systemsClass 011 for heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for greenhouses; environmental control equipment in the nature of chillers, dehumidifiers and CO2 gas generators for greenhouses; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment in the nature of chillers, dehumidifiers and carbon dioxide gas generators and diffusers for horticultural use; water treatment equipment, namely, apparatus for treatment of irrigation water by increasing its dissolved oxygen content; apparatus for heating irrigation water, namely, hot water heating installations; apparatus for cooling irrigation water, namely, cooling installations for water; oxygen generators for processing water by increasing oxygen content in the water; water treatment equipment in the nature of apparatus for infusing gas into liquid for treating irrigation water; water treatment equipment in the nature of gas infusers for treatment of irrigation water; water treatment equipment for treating irrigation water in the nature of apparatus for infusing oxygen into water used for irrigating crops and plants; dehumidification apparatus systems for horticultural use; air conditioning apparatus systems for horticultural use; carbon dioxide enhancement systems in the nature of carbon dioxide generators and diffusers for horticultural use
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 12/01/1982 and first used in commerce at least as early as 12/01/1982 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for irrigation conduits and fittings of metal for horticultural use
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 12/01/1982 and first used in commerce at least as early as 12/01/1982 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 006 . The specimen(s) submitted consists of label applied to packaging for the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for electrical controls for irrigation systems; apparatus in the nature of gas sensors for determining gas concentration and electromechanical controllers for sensing and controlling dissolved oxygen for horticultural use
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 07/31/2018 and first used in commerce at least as early as 07/31/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 009 . The specimen(s) submitted consists of photo of housing for the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 019 for conduits and fittings of plastic for horticultural irrigation use
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 12/01/1982 and first used in commerce at least as early as 12/01/1982 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 019 . The specimen(s) submitted consists of label applied to packaging for the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for services for the horticultural industry, namely, design of heating systems, cooling systems, irrigation systems, air conditioning systems, and nutrient management systems
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 12/01/1982 and first used in commerce at least as early as 12/01/1982 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042 . The specimen(s) submitted consists of screen capture of web site where the services are advertised and promoted .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

The applicant's current attorney information: Derek J. Westberg, Esq. Derek J. Westberg, Esq of WESTBERG LAW OFFICES, is located at

      569 CLYDE AVE STE 530
      MOUNTAIN VIEW, California 94043
      US
The docket/reference number is BIO-01000.

The phone number is 650-968-2041.

The fax number is 6509684383.

The email address is derek@westberglaw.com

The applicants proposed attorney information: Derek J. Westberg, Esq. Derek J. Westberg, Esq of WESTBERG LAW OFFICES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      569 CLYDE AVE STE 530
      MOUNTAIN VIEW, California 94043
      United States
The docket/reference number is BIO-01000.

The phone number is 650-968-2041.

The fax number is 6509684383.

The email address is derek@westberglaw.com

Derek J. Westberg, Esq 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: DEREK J. WESTBERG, ESQ. DEREK J. WESTBERG, ESQ of WESTBERG LAW OFFICES, is located at

      569 CLYDE AVE STE 530
      MOUNTAIN VIEW, California 94043
      US
The docket/reference number is BIO-01000.

The phone number is 650-968-2041.

The fax number is 6509684383.

The email address is derek@westberglaw.com; derekwestberg@yahoo.com

The applicants proposed correspondence information: Derek J. Westberg, Esq. Derek J. Westberg, Esq of WESTBERG LAW OFFICES, is located at

      569 CLYDE AVE STE 530
      MOUNTAIN VIEW, California 94043
      United States
The docket/reference number is BIO-01000.

The phone number is 650-968-2041.

The fax number is 6509684383.

The email address is derek@westberglaw.com

FEE(S)
Fee(s) in the amount of $1100 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Derek J. Westberg/      Date: 01/09/2020
Signatory's Name: Derek J. Westberg, Esq.
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 6509682041


Response Signature
Signature: /Derek J. Westberg/     Date: 01/09/2020
Signatory's Name: Derek J. Westberg, Esq.
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 6509682041

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:    DEREK J. WESTBERG, ESQ
   WESTBERG LAW OFFICES
   
   569 CLYDE AVE STE 530
   MOUNTAIN VIEW, California 94043
Mailing Address:    Derek J. Westberg, Esq
   WESTBERG LAW OFFICES
   569 CLYDE AVE STE 530
   MOUNTAIN VIEW, California 94043
        
RAM Sale Number: 88512371
RAM Accounting Date: 01/09/2020
        
Serial Number: 88512371
Internet Transmission Date: Thu Jan 09 18:54:34 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200109185434059869-88512371-7
005c23303ea840876a1c5fca57123cdb70ad8f48
5ca4243ac2cce0a6e9a4943c-CC-54327299-202
00109180644940111


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