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. 88532932 PHYTOPLANT (Stylized and/or with Design, see http://uspto.report/TM/88532932/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 041 for Multimedia publishing of magazines and journals; publication of books and magazines; publication of electronic books and periodicals on the Internet; providing non-downloadable videos in the field of horticulture, agriculture, and forestry; educational services in the field of horticulture, agriculture, and forestry; organization of seminars and conferences in the field of plant breeding
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: Multimedia publishing of magazines and journals; publication of books and magazines; publication of electronic books and periodicals on the Internet; providing non-downloadable videos in the field of horticulture, agriculture, and forestry; providing a website featuring non-downloadable videos in the field of horticulture, agriculture, and forestry; educational services in the field of horticulture, agriculture, and forestry; educational services, namely, providing classes, seminars, and workshops in the field of horticulture, agriculture, and forestry; organization of seminars and conferences in the field of plant breeding; organization of seminars in the field of plant breeding; organization of conferences in the field of plant breeding for non-business and non-commercial purposesClass 041 for Multimedia publishing of magazines and journals; publication of books and magazines; publication of electronic books and periodicals on the Internet; providing a website featuring non-downloadable videos in the field of horticulture, agriculture, and forestry; educational services, namely, providing classes, seminars, and workshops in the field of horticulture, agriculture, and forestry; organization of seminars in the field of plant breeding; organization of conferences in the field of plant breeding for non-business and non-commercial purposes
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 042 for Scientific and technological services, namely, research in the field of horticulture, agriculture, and forestry; horticulture, agriculture, and forestry research services; scientific research; conducting technological and scientific studies; provision of technological and scientific information; scientific research consulting in the field of agriculture, horticulture, and forestry; professional consulting services and advice relating to the use of fertilizers in agriculture, horticulture, and forestry; medical and pharmacological research services; scientific research relating to genetics of plants; genetic research; compilation of technological and scientific information; research relating to plant breeding
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: Scientific and technological services, namely, research in the field of horticulture, agriculture, and forestry; horticulture, agriculture, and forestry research services; scientific research services in the fields of horticulture, agriculture, and forestry; scientific research; conducting technological and scientific studies; conducting technological and scientific studies, namely, conducting clinical trials for others; provision of technological and scientific information; provision of technological and scientific information in the fields of horticulture, agriculture, and forestry; scientific research consulting in the field of agriculture, horticulture, and forestry; professional consulting services and advice relating to the use of fertilizers in agriculture, horticulture, and forestry; professional consulting services and advice about agricultural chemistry relating to the use of fertilizers in agriculture, horticulture, and forestry; medical and pharmacological research services; scientific research relating to genetics of plants; genetic research; scientific research in the field of genetics; compilation of technological and scientific information; compilation of technological and scientific information being compiling data for research purposes in the field of medical science and medical consultancy; research relating to plant breeding; scientific research relating to plant breedingClass 042 for Scientific and technological services, namely, research in the field of horticulture, agriculture, and forestry; scientific research services in the fields of horticulture, agriculture, and forestry; scientific research; conducting technological and scientific studies, namely, conducting clinical trials for others; provision of technological and scientific information in the fields of horticulture, agriculture, and forestry; scientific research consulting in the field of agriculture, horticulture, and forestry; professional consulting services and advice about agricultural chemistry relating to the use of fertilizers in agriculture, horticulture, and forestry; medical and pharmacological research services; scientific research relating to genetics of plants; scientific research in the field of genetics; compilation of technological and scientific information being compiling data for research purposes in the field of medical science and medical consultancy; scientific research relating to plant breeding
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 044 for Consultancy and advisory services relating to agriculture, horticulture and forestry; Information services relating to the use of chemicals used in agriculture, horticulture and forestry; cultivation advisory services relating to horticulture; Providing a website featuring information in the field of horticulture, agriculture, and forestry
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: Consultancy and advisory services relating to agriculture, horticulture and forestry; Consultancy and advisory services relating to agriculture and horticulture; Information services relating to the use of chemicals used in agriculture, horticulture and forestry; information services relating to the application of agricultural chemicals used in agriculture, horticulture and forestry; cultivation advisory services relating to horticulture; Providing a website featuring information in the field of horticulture, agriculture, and forestry; providing a website featuring information in the field of horticulture and agricultureClass 044 for Consultancy and advisory services relating to agriculture and horticulture; information services relating to the application of agricultural chemicals used in agriculture, horticulture and forestry; cultivation advisory services relating to horticulture; providing a website featuring information in the field of horticulture and agriculture
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 hereby adds the following class of goods/services to the application:
New: Class 035 for Organization of conferences in the field of plant breeding for business purposes; compilation of technological and scientific information into computer databases
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.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the image of a leaf in light green and a snake shown in darker green overlapping part of the leaf, the word "PHYTOPLANT" to the right of the leaf in gray. The color white represents background only and is not claimed as a feature of the mark.

FEE(S)
Fee(s) in the amount of $275 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: /Jason Koransky/      Date: 12/02/2019
Signatory's Name: Jason Koransky
Signatory's Position: Associate attorney, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Illinois bar member

Response Signature
Signature: /Jason Koransky/     Date: 12/02/2019
Signatory's Name: Jason Koransky
Signatory's Position: Associate Attorney, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Illinois bar member

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.

        
RAM Sale Number: 88532932
RAM Accounting Date: 12/02/2019
        
Serial Number: 88532932
Internet Transmission Date: Mon Dec 02 11:19:40 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20191202111940390
837-88532932-70058c366cdab94e9c61fcff1f3
ac227c7a280de799be1374bb9d0ac17ca5739b7-
DA-19396519-20191202101156938624