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. 88727962 AFIFARM (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8872796 2/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Software program for processing the data collected from the hardware, namely, milking sensors and cows sensors; scientific, electronic, optical, weighing, measuring, signalling, supervision and teaching apparatus and instruments for use in dairy farms; data processing equipment and computers; Software used as management tool for dairy farm managers and dairy herd management systems used to gather and analyze data on milk yield, milk quality, milk conductivity and the health and activity of the individual animal and groups of animals; software that provides animal ID for the milking parlors, provides calving alert, provides animal behaviour report, provides lameness detection, insemination and fertility and provides feeding program for an individual animal
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 12/31/1980 and first used in commerce at least as early as 12/31/1980 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Software program for processing the data collected from the hardware, namely, milking sensors and cows sensors; Downloadable computer software program for processing the data collected from hardware being milking sensors and cows sensors; scientific, electronic, optical, weighing, measuring, signalling, supervision and teaching apparatus and instruments for use in dairy farms; scientific, electronic, optical, weighing, measuring, signaling, supervision and teaching apparatus and instruments in the nature of computers and electronic sensors for measuring milk quantity, quality and components, and sensors that monitor cows movement, steps and rumination for use in dairy farms; data processing equipment and computers; data processing apparatus and computers; Software used as management tool for dairy farm managers and dairy herd management systems used to gather and analyze data on milk yield, milk quality, milk conductivity and the health and activity of the individual animal and groups of animals; downloadable software used as a dairy herd management tool for dairy farms and dairy herd management systems used to gather and analyze data on milk yield, milk quality, milk conductivity and the health and activity of the individual animal and groups of animals; software that provides animal ID for the milking parlors, provides calving alert, provides animal behaviour report, provides lameness detection, insemination and fertility and provides feeding program for an individual animal; downloadable software that provides animal identification for the milking parlors, provides calving alert, provides animal behavior report, provides lameness detection, insemination and fertility and provides feeding program for an individual animal.Class 009 for Downloadable computer software program for processing the data collected from hardware being milking sensors and cows sensors; scientific, electronic, optical, weighing, measuring, signaling, supervision and teaching apparatus and instruments in the nature of computers and electronic sensors for measuring milk quantity, quality and components, and sensors that monitor cows movement, steps and rumination for use in dairy farms; data processing apparatus and computers; downloadable software used as a dairy herd management tool for dairy farms and dairy herd management systems used to gather and analyze data on milk yield, milk quality, milk conductivity and the health and activity of the individual animal and groups of animals; downloadable software that provides animal identification for the milking parlors, provides calving alert, provides animal behavior report, provides lameness detection, insemination and fertility and provides feeding program for an individual animal.
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 12/31/1980 and first used in commerce at least as early as 12/31/1980 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of Screenshots from AFIFAM website and software program showing the mark..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):Specimen File1
Original PDF file:
SPU0-141226221154-2020070 9020906562121_._AFIFARM__ 2_.pdf
Converted PDF file(s) ( 15 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9Specimen File10Specimen File11Specimen File12Specimen File13Specimen File14Specimen File15

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Afimilk Agricultural Cooperative Ltd. a(n) be'eravon mugbal (b.m.), legally organized under the laws of Israel, having an address of
      Kibbutz Afikim
      Kibbutz Afikim, 1514800
      Israel

Proposed: Afimilk Agricultural Cooperative Ltd., Cooperative Society legally organized under the laws of Israel, having an address of
      Kibbutz Afikim
      Kibbutz Afikim, 1514800
      Israel
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Attached is the entity's registration certificate as Cooperative Society.

Original PDF file:
mis-141226221154-20200709 033227898293_._Incorporat ion_document_EnglishHebre w.pdf
Converted PDF file(s) ( 5 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5
Correspondence Information (current):
      YAEL ROUACH CABILLY
      PRIMARY EMAIL FOR CORRESPONDENCE: yael@e-cabilly.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@e-cabilly.com

The docket/reference number is FIP-T-144-US.
Correspondence Information (proposed):
      Yael Rouach Cabilly
      PRIMARY EMAIL FOR CORRESPONDENCE: yael@e-cabilly.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@e-cabilly.com

The docket/reference number is FIP-T-144-US.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /YRC/      Date: 07/09/2020
Signatory's Name: Yael Rouach Cabilly
Signatory's Position: Attorney of Record, NY Bar Member

Response Signature
Signature: /YRC/     Date: 07/09/2020
Signatory's Name: Yael Rouach Cabilly
Signatory's Position: Attorney of Record, NY 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.

Mailing Address:    YAEL ROUACH CABILLY
   CABILLY & CO.
   P.O. BOX 12352
   6 MASKIT STREET
   HERZLIYA, 4673300
Mailing Address:    Yael Rouach Cabilly
   CABILLY & CO.
   P.O. BOX 12352
   6 MASKIT STREET
   HERZLIYA, 4673300
        
Serial Number: 88727962
Internet Transmission Date: Thu Jul 09 04:01:44 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200709040144
971705-88727962-710bf6b32492c778ef2e67d7
6c35097151d4d5b366221c9a52f388732b115b5a
b-N/A-N/A-20200709035828066034