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. 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