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)

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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. 88530901 MINORI(Standard Characters, see http://uspto.report/TM/88530901/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 001 for Postharvest chemicals, postharvest agricultural chemicals, mildew proofing agents, seed preserving substances, plant growth regulating preparations plant rearing preparations, soil improving agents, chemical preparations to prevent mildew, horticultural chemicals, chemical preparations to prevent diseases affecting cereal plants, soil conditioning preparations, agricultural chemicals, chemical preparations to prevent diseases affecting vine plants, chemical preparations to prevent wheat blight, chemical preparations to prevent wheat smut, biological preparations, other than for medical or veterinary purposes, bacteriological preparations, other than for medical and veterinary use, bacterial preparations, other than for medical and veterinary use, preparations of microorganisms, other than for medical and veterinary use, cultures of microorganisms, other than for medical and veterinary use
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Postharvest chemicals, postharvest agricultural chemicals, mildew proofing agents, seed preserving substances, plant growth regulating preparations plant rearing preparations, soil improving agents, chemical preparations to prevent mildew, horticultural chemicals, chemical preparations to prevent diseases affecting cereal plants, soil conditioning preparations, agricultural chemicals, chemical preparations to prevent diseases affecting vine plants, chemical preparations to prevent wheat blight, chemical preparations to prevent wheat smut, biological preparations, other than for medical or veterinary purposes, bacteriological preparations, other than for medical and veterinary use, bacterial preparations, other than for medical and veterinary use, preparations of microorganisms, other than for medical and veterinary use, cultures of microorganisms, other than for medical and veterinary use; Seed preserving substances, namely, microbial inoculants for application to seeds used in agriculture; plant growth regulating preparations; plant rearing preparations, namely, plant growth regulation preparations; soil improving agents; chemical preparations to prevent mildew; chemical preparations to prevent diseases affecting cereal plants; soil conditioning preparations; chemical preparations to prevent diseases affecting vine plants; chemical preparations to prevent wheat blight; chemical preparations to prevent wheat smut; bacteriological preparations, other than for medical and veterinary use; bacterial preparations, other than for medical and veterinary use; cultures of microorganisms, other than for medical and veterinary useClass 001 for Seed preserving substances, namely, microbial inoculants for application to seeds used in agriculture; plant growth regulating preparations; plant rearing preparations, namely, plant growth regulation preparations; soil improving agents; chemical preparations to prevent mildew; chemical preparations to prevent diseases affecting cereal plants; soil conditioning preparations; chemical preparations to prevent diseases affecting vine plants; chemical preparations to prevent wheat blight; chemical preparations to prevent wheat smut; bacteriological preparations, other than for medical and veterinary use; bacterial preparations, other than for medical and veterinary use; cultures of microorganisms, other than for medical and veterinary use
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical preparations, biocides; fungicides; pesticides; postharvest pharmaceutical preparations, postharvest biocides; postharvest fungicides; postharvest pesticides
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Pharmaceutical preparations, biocides; Biocides; fungicides; pesticides; postharvest pharmaceutical preparations, postharvest biocides; postharvest biocides; postharvest fungicides; postharvest pesticidesClass 005 for Biocides; fungicides; pesticides; postharvest biocides; postharvest fungicides; postharvest pesticides
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

The applicant's current attorney information: Charles T. Weigell. Charles T. Weigell of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      151 WEST 42ND ST., 17TH FL.
      NEW YORK, New York 10036
      US
The docket/reference number is SDSB 1909510.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Weigell-Docket@fzlz.com

The applicants proposed attorney information: Charles T. Weigell. Other appointed attorneys are Lawrence E. Apolzon, Andrew N. Fredbeck, Allison Strickland Ricketts, Nancy Sabarra, Karen Lim, Ashford Tucker, Tamar Niv Bessinger. Charles T. Weigell of Fross Zelnick Lehrman & Zissu, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      151 W. 42nd Street, 17th Floor
      New York, New York 10036
      United States
The docket/reference number is SDSB 1909510.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Weigell-Docket@fzlz.com

Charles T. Weigell 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: CHARLES T. WEIGELL. CHARLES T. WEIGELL of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      151 WEST 42ND ST., 17TH FL.
      NEW YORK, New York 10036
      US
The docket/reference number is SDSB 1909510.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Weigell-Docket@fzlz.com

The applicants proposed correspondence information: Charles T. Weigell. Charles T. Weigell of Fross Zelnick Lehrman & Zissu, P.C., is located at

      151 W. 42nd Street, 17th Floor
      New York, New York 10036
      United States
The docket/reference number is SDSB 1909510.

The phone number is 212-813-5900.

The fax number is 212-813-5901.

The email address is Weigell-Docket@fzlz.com

SIGNATURE(S)
Response Signature
Signature: /ctw/     Date: 12/13/2019
Signatory's Name: Charles T. J. Weigell
Signatory's Position: Attorney of record, New York State Bar member

Signatory's Phone Number: 212-813-8239

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:    CHARLES T. WEIGELL
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   151 WEST 42ND ST., 17TH FL.
   NEW YORK, New York 10036
Mailing Address:    Charles T. Weigell
   Fross Zelnick Lehrman & Zissu, P.C.
   151 W. 42nd Street, 17th Floor
   New York, New York 10036
        
Serial Number: 88530901
Internet Transmission Date: Fri Dec 13 17:18:15 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201912131718154
97115-88530901-700abfbcd864ee5ac289c86d0
6edbd8f454ed7b2a2c5a9c4dddfdea78404d65ce
1-N/A-N/A-20191213144157104953