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. 88663892 HELPING PEOPLE GROW BEAUTIFUL & HEALTHY GARDENS - ORGANICALLY(Standard Characters, see http://uspto.report/TM/88663892/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 035 for Marketing, sales and distribution of lawn and garden products including fertilizers, composts, potting soil, soil amendments and soil conditioners for horticulture and agricultural use
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/28/2015 and first used in commerce at least as early as 02/28/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Marketing, sales and distribution of lawn and garden products including fertilizers, composts, potting soil, soil amendments and soil conditioners for horticulture and agricultural use; Marketing services for others in the field of fertilizers, composts, potting soil, soil amendments and soil conditioners for¶
horticulture and agricultural useClass 035 for Marketing services for others in the field of fertilizers, composts, potting soil, soil amendments and soil conditioners for horticulture and agricultural use
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/28/2015 and first used in commerce at least as early as 02/28/2015 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use ORGANICALLY apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /mbg/     Date: 12/31/2019
Signatory's Name: Mark B. Garred
Signatory's Position: Attorney of Record, Member CA Bar

Signatory's Phone Number: 949-855-1246

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: 88663892
Internet Transmission Date: Tue Dec 31 15:12:13 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912311512130
06657-88663892-7005d1ce21b4215d2a07866a7
539721a719ef7d83b74e05dc97ebb25e8fff7269
-N/A-N/A-20191231145417506478