TEAS Response to Suspension Inquiry

PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

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.

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PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

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.

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88524333 ZESPRI (Stylized and/or with Design, see http://uspto.report/TM/88524333/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

The applicant requests that the examining attorney delete the Section 1(b) basis for the goods and/or services that the foreign registration submitted herewith covers, IF the Section 44(e) basis is accepted for those goods and/or services.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of New Zealand registration number 1123150 registered 06/14/2019, with a renewal date of 06/14/2029 and an expiration date of 06/14/2029, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_10412919684-171310215_ ._1123150_-_Certificate_o f_Registration.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Printed matter related to agriculture and horticulture, namely, books and magazines; printed promotional materials, namely flyers, notebooks and brochures featuring and providing information in the field of agricultural and horticultural products; packaging materials made from paper, cardboard or plastic, namely bags, sheets, and paper boxes; books and booklets in the field of agriculture and horticulture; stationery, namely paper, envelopes, writing paper pads, Index cards, letter papers, pens and pencils; photographs; printed instructional and teaching materials, namely guides, charts, manuals in the field of agriculture and horticulture; printed publications, namely books, magazines, newsletters, newspapers in the field of agriculture and horticulture
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [New Zealand application number 1123150 filed 06/14/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 016 for Printed matter related to agriculture and horticulture, namely, books and magazines; printed promotional materials, namely flyers, notebooks and brochures featuring and providing information in the field of agricultural and horticultural products; packaging materials made from paper, cardboard or plastic, namely bags, sheets, and paper boxes; books and booklets in the field of agriculture and horticulture; stationery, namely paper, envelopes, writing paper pads, Index cards, letter papers, pens and pencils; photographs; printed instructional and teaching materials, namely guides, charts, manuals in the field of agriculture and horticulture; printed publications, namely books, magazines, newsletters, newspapers in the field of agriculture and horticulture
Deleted Filing Basis: 1(b)
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [New Zealand application number 1123150 filed 06/14/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ New Zealand registration number 1123150 registered 06/14/2019 with a renewal date of __________ and an expiration date of 06/14/2019 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-10412919684-17131021 5_._1123150_-_Certificate _of_Registration.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Agricultural and horticultural products, namely live plants, seedling and plant material, consisting of agricultural seeds for kiwifruits; plant propagation material, namely, cuttings, budwood and seeds; fresh fruits; fresh kiwifruit
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [New Zealand application number 1123150 filed 06/14/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 031 for Agricultural and horticultural products, namely live plants, seedling and plant material, consisting of agricultural seeds for kiwifruits; plant propagation material, namely, cuttings, budwood and seeds; fresh fruits; fresh kiwifruit
Deleted Filing Basis: 1(b)
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [New Zealand application number 1123150 filed 06/14/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ New Zealand registration number 1123150 registered 06/14/2019 with a renewal date of __________ and an expiration date of 06/14/2029 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU1-10412919684-17131021 5_._1123150_-_Certificate _of_Registration.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

Correspondence Information (current):
      David J. Davis
      PRIMARY EMAIL FOR CORRESPONDENCE: chiusptomail@bakermckenzie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.davis@bakermckenzie.com; colleen.brennan@bakermckenzie.com

The docket/reference number is 190402.
Correspondence Information (proposed):
      David J. Davis
      PRIMARY EMAIL FOR CORRESPONDENCE: chiusptomail@bakermckenzie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.davis@bakermckenzie.com; colleen.brennan@bakermckenzie.com; rebecca.lederhouse@bakermckenzie.com

The docket/reference number is 190402.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; 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 use of the mark in commerce as of the application or AAU 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. 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /Rebecca Lederhouse/    Date: 01/07/2021
Signatory's Name: Rebecca Lederhouse
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone Number: 312-861-8949
Signature method: Signed directly within the form

Response Suspension Inquiry Signature
Signature: /Rebecca Lederhouse/     Date: 01/07/2021
Signatory's Name: Rebecca Lederhouse
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone Number: 312-861-8949
Signature method: Signed directly within the form

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:    David J. Davis
   BAKER & MCKENZIE LLP
   SUITE 5000
   300 EAST RANDOLPH STREET
   CHICAGO, Illinois
Mailing Address:    David J. Davis
   BAKER & MCKENZIE LLP
   SUITE 5000
   300 EAST RANDOLPH STREET
   CHICAGO, Illinois 60601
        
Serial Number: 88524333
Internet Transmission Date: Thu Jan 07 13:30:06 ET 2021
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XX-202101071330063
75114-88524333-7602551fa9cad3d3c65581dbb
8424e914edbf117041437080ae77e3d7f53877ec
1-N/A-N/A-20210107132858722711