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. 88536632 PLANTS POWERING PEOPLE(Standard Characters, see http://uspto.report/TM/88536632/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 029 for scrubbed and peeled, fresh carrots; sliced carrots; processed carrots; Protein milk; protein milk also containing fruit and vegetable juices; non-dairy yogurt; plant-based beverages used as a milk substitute made from peas; yogurt-based mayonnaise alternative spread; meat substitutes
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: scrubbed and peeled, fresh carrots; Processed vegetables, namely, pre-sliced carrots; sliced carrots; processed carrots; protein milk; protein milk also containing fruit and vegetable juices; non-dairy yogurt; plant-based beverages used as a milk substitute made from peas; yogurt-based spread used as a mayonnaise alternative; yogurt-based mayonnaise alternative spread; meat substitutesClass 029 for Processed vegetables, namely, pre-sliced carrots; processed carrots; protein milk; protein milk also containing fruit and vegetable juices; non-dairy yogurt; plant-based beverages used as a milk substitute made from peas; yogurt-based spread used as a mayonnaise alternative; meat substitutes
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 031 for Fresh carrots
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: Fresh carrots; scrubbed and peeled, fresh carrotsClass 031 for Fresh carrots; scrubbed and peeled, fresh carrots
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 032 for smoothies; fruit juices; vegetable juices; protein-based soy beverages not being a milk substitute; protein-based whey beverage; sports drinks; energy drinks; fruit and vegetable juices containing probiotics
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: Smoothies; fruit juices; vegetable juices; protein-based soy beverages not being a milk substitute; protein-based soy beverages not being a milk substitutes; protein-based whey beverage; sports drinks; energy drinks; fruit and vegetable juices containing probiotics; vegetable-fruit juices containing probioticsClass 032 for Smoothies; fruit juices; vegetable juices; protein-based soy beverages not being a milk substitutes; protein-based whey beverage; sports drinks; energy drinks; vegetable-fruit juices containing probiotics
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: Jennifer C. Debrow. Jennifer C. Debrow of GRAY PLANT MOOTY MOOTY & BENNETT, P.A., is located at

      500 IDS CENTER
      80 SOUTH EIGHTH STREET
      MINNEAPOLIS, Minnesota 55402
      US
The docket/reference number is 146948us089.

The phone number is 612-632-3357.

The fax number is 612-632-4444.

The email address is IPMail@gpmlaw.com

The applicants proposed attorney information: Jennifer C. Debrow. Other appointed attorneys are all attorneys associated with Lathrop GPM LLP. Jennifer C. Debrow of Lathrop GPM LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      500 IDS CENTER
      80 SOUTH EIGHTH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 146948us089.

The phone number is 612-632-3357.

The fax number is 612-632-4444.

The email address is IPMail@gpmlaw.com

Jennifer C. Debrow 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: JENNIFER C. DEBROW. JENNIFER C. DEBROW of GRAY PLANT MOOTY MOOTY & BENNETT, P.A., is located at

      500 IDS CENTER
      80 SOUTH EIGHTH STREET
      MINNEAPOLIS, Minnesota 55402
      US
The docket/reference number is 146948us089.

The phone number is 612-632-3357.

The fax number is 612-632-4444.

The email address is IPMail@gpmlaw.com

The applicants proposed correspondence information: Jennifer C. Debrow. Jennifer C. Debrow of Lathrop GPM LLP, is located at

      500 IDS CENTER
      80 SOUTH EIGHTH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 146948us089.

The phone number is 612-632-3357.

The fax number is 612-632-4444.

The email address is IPMail@gpmlaw.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use PLANTS apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Jennifer C. Debrow/     Date: 01/15/2020
Signatory's Name: Jennifer C. Debrow
Signatory's Position: Attoorney of record, MN bar member

Signatory's Phone Number: 612-632-3357

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:    JENNIFER C. DEBROW
   GRAY PLANT MOOTY MOOTY & BENNETT, P.A.
   500 IDS CENTER
   80 SOUTH EIGHTH STREET
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Jennifer C. Debrow
   Lathrop GPM LLP
   500 IDS CENTER
   80 SOUTH EIGHTH STREET
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88536632
Internet Transmission Date: Wed Jan 15 10:54:04 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020011510540441
7528-88536632-700971984db19b2ce9676eaa4c
603fa043196683a674c4c53ce1265ffbac90a0a-
N/A-N/A-20200114153808273086