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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88858184 IMPACT (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8885818 4/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant submits the following remarks in response to the Office Action mailed May 11, 2020 (?Office Action?). In the Office Action, the Examiner refused the application on the basis that the applied-for-mark is a varietal name for the identified goods and, thus, does not function as a trademark to indicate the source of applicant?s goods and to identify and distinguish them from others. Applicant respectfully disagrees. The Applicant does not intend to use the applied-for-mark as a varietal name. To the contrary, Applicant?s intends to use the applied-for-mark as an indicator of a single source of the recited goods. In response to the Examiner?s request for information: Question 1: ?Whether IMPACT has ever been used or will be used as a varietal or cultivar name.? Applicant?s Response: No. Question 2: ?Whether IMPACT has ever been used or will be used in connection with a plant patent, utility patent, or certificate for plant-variety protection.? Applicant?s Response: No. Further, in the Office Action, the Examiner identified a prior-filed application, Application No. 88/488789 and indicated that if the application were to register it may serve as a basis for refusal under Section 2(d). Applicant respectfully submits that the cited application should not serve as a basis for refusal, particularly where that prior- filed application (which is now suspended) includes a disclaimer that no claim is made to the exclusive right to use IMPACT in International Class 31 apart from the mark as shown. Accordingly, Applicant respectfully submits that the present application is now in condition for allowance. The Examiner is urged to contact the undersigned if any unresolved issues remain. Respectfully submitted, /Allison E. Kerndt/ Attorney of Record, Iowa Bar Member
Correspondence Information (current):
      ALLISON KERNDT
      PRIMARY EMAIL FOR CORRESPONDENCE: akerndt@nyemaster.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): epolzin@nyemaster.com; ptomail@nyemaster.com
Correspondence Information (proposed):
      Allison Kerndt
      PRIMARY EMAIL FOR CORRESPONDENCE: akerndt@nyemaster.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): epolzin@nyemaster.com; ptomail@nyemaster.com

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)
Response Signature
Signature: /Allison E. Kerndt/     Date: 11/11/2020
Signatory's Name: Allison E. Kerndt
Signatory's Position: Attorney of record, Iowa bar member

Signatory's Phone Number: 515-283-3100

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:    ALLISON KERNDT
   NYEMASTER GOODE
   SUITE 1600
   700 WALNUT STREET
   DES MOINES, Iowa 50309
Mailing Address:    Allison Kerndt
   NYEMASTER GOODE
   SUITE 1600
   700 WALNUT STREET
   DES MOINES, Iowa 50309
        
Serial Number: 88858184
Internet Transmission Date: Wed Nov 11 23:37:50 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20201111233750598
953-88858184-750c9c9a87418adce40859752f8
98dd391cedc6b4b71057ff4f8638e172177d1cd-
N/A-N/A-20201111233627389526