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