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 |
88571044 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88571044/mark.png |
LITERAL ELEMENT |
BOTANICA BY AIRWICK NATURE INSPIRED PLANET CONSCIOUS |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) Black, white, green, yellow, orange is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word "BOTANICA" in black with a leaf composing part of the two letter "A"'s; followed by the superscript word BY, all
above a black line, below which are the words NATURE INSPIRED and PLANET CONSCIOUS separated by a black dot; all adjacent to the stylized lettering "AIR WICK" in green against a white circle
background with the dot above the "I" in orange within a green circular swirl design with yellow highlights. |
GOODS AND/OR SERVICES SECTION (003)(no change) |
GOODS AND/OR SERVICES SECTION (004)(no change) |
GOODS AND/OR SERVICES SECTION (005)(no change) |
GOODS AND/OR SERVICES SECTION (011)(current) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Apparatus and instruments, all for scenting, purifying or freshening the atmosphere; dispensing units and diffusers for room
fragrances |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (011)(proposed) |
INTERNATIONAL CLASS |
011 |
TRACKED TEXT DESCRIPTION |
Apparatus and instruments, all for scenting, purifying or freshening the atmosphere; Apparatus and instruments, namely, dispensing units and diffusers for room fragrances, room deodorants and odor neutralizing preparations, all for scenting, purifying or
freshening the atmosphere; dispensing units and diffusers for room fragrances; dispensing units for room fragrances and
air diffusers for dispensing air fragrancing scents |
FINAL DESCRIPTION |
Apparatus and instruments, namely, dispensing units and diffusers for room fragrances, room deodorants and odor neutralizing
preparations, all for scenting, purifying or freshening the atmosphere; dispensing units for room fragrances and air diffusers for dispensing air fragrancing scents |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use BOTANICA apart from the mark as shown. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word "BOTANICA" in black with a leaf composing part of the two letter "A"'s; followed by the superscript word BY in
black, all above a black line, below which are the words NATURE INSPIRED and PLANET CONSCIOUS separated by a black dot all in the color black; all adjacent to the stylized lettering "AIR WICK" in
green against a white circle background with the dot above the "I" in orange within a green circular swirl design with yellow highlights. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/mark lerner/ |
SIGNATORY'S NAME |
Mark Lerner |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
2124048714 |
DATE SIGNED |
11/06/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 06 10:29:39 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0191106102939223340-88571
044-700cc207f7c8467eae8f6
fe4769b24ab3fa6a5e8d738bd
54bd7de9fad4e61f28bef-N/A
-N/A-20191106094600683376 |
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.
88571044 BOTANICA BY AIRWICK NATURE INSPIRED PLANET CONSCIOUS (Stylized and/or with Design, see http://uspto.report/TM/88571044/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 Apparatus and instruments, all for scenting, purifying or freshening the atmosphere; dispensing units and diffusers for room fragrances
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: Apparatus and instruments, all for scenting, purifying or freshening the atmosphere;
Apparatus and
instruments, namely, dispensing units and diffusers for room fragrances, room deodorants and odor neutralizing preparations, all for scenting, purifying or freshening the atmosphere;
dispensing units and diffusers for room fragrances;
dispensing units for room fragrances and air diffusers for dispensing air
fragrancing scentsClass 011 for Apparatus and instruments, namely, dispensing units and diffusers for room fragrances, room deodorants and odor neutralizing preparations, all for scenting,
purifying or freshening the atmosphere; dispensing units for room fragrances and air diffusers for dispensing air fragrancing scents
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
Disclaimer
No claim is made to the exclusive right to use BOTANICA apart from the mark as shown.
Description of mark
The mark consists of the word "BOTANICA" in black with a leaf composing part of the two letter "A"'s; followed by the superscript word BY in black, all above a black line, below which are the words
NATURE INSPIRED and PLANET CONSCIOUS separated by a black dot all in the color black; all adjacent to the stylized lettering "AIR WICK" in green against a white circle background with the dot above
the "I" in orange within a green circular swirl design with yellow highlights.
SIGNATURE(S)
Response Signature
Signature: /mark lerner/ Date: 11/06/2019
Signatory's Name: Mark Lerner
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 2124048714
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.
Serial Number: 88571044
Internet Transmission Date: Wed Nov 06 10:29:39 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019110610293922
3340-88571044-700cc207f7c8467eae8f6fe476
9b24ab3fa6a5e8d738bd54bd7de9fad4e61f28be
f-N/A-N/A-20191106094600683376