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. 88904576 GALLEON(Standard Characters, see http://uspto.report/TM/88904576/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 044 for Microbiological testing; Animal performance testing services; advice relating to the feeding of animals; Laboratory analysis services relating to the treatment of animals; Advisory services relating to the care of animals; Dietary and nutritional advices for animals; providing information relating to animals in the nature of gut microbiome analysis, gut gene expression analysis, gut metabolite analysis, and genetic, gene expression, and metabolite analysis; Providing information on animal microbiota compiled from animals from users whose microbiota have been tested, analyzed and organized
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: Microbiological testing; Providing advice in the field of animal health and animal behavior, in particular, the feeding of animals; Animal performance testing services; advisory services in the field of animal care, specifically, animal health and animal behavior; advice relating to the feeding of animals; Dietary and nutritional advice in regards to animal diet and nutrition; Laboratory analysis services relating to the treatment of animals; Advisory services relating to the care of animals; Dietary and nutritional advices for animals; providing information relating to animals in the nature of gut microbiome analysis, gut gene expression analysis, gut metabolite analysis, and genetic, gene expression, and metabolite analysis; Providing information on animal microbiota compiled from animals from users whose microbiota have been tested, analyzed and organizedClass 044 for Providing advice in the field of animal health and animal behavior, in particular, the feeding of animals; advisory services in the field of animal care, specifically, animal health and animal behavior; Dietary and nutritional advice in regards to animal diet and nutrition
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Microbiological testing, namely, testing of chemicals, testing of pharmaceuticals, product testing, and testing of microbiological agents to assure compliance with industry standards; Animal performance testing services, namely, product testing of animal feed chemicals and additives for performance on animals; Laboratory analysis in the field of animal behavior in relation to the treatment of animals; Laboratory analysis in the fields of gut microbiome analysis, gut gene expression analysis, gut metabolite analysis, and genetic, gene expression, and metabolite analysis, and providing information directly related thereto; Laboratory analysis in the field of animal microbiota, compiled from animals from users whose microbiota have been tested, analyzed and organized, and providing information directly related thereto
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.
Correspondence Information (current):
      CARRIE L. JOHNSON
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark_docketing@cargill.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): megan_eddy@cargill.com
Correspondence Information (proposed):
      Carrie L. Johnson
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark_docketing@cargill.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): megan_eddy@cargill.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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Jamie Dolynchuk/      Date: 11/12/2020
Signatory's Name: James A. Dolynchuk
Signatory's Position: Vice President-CAN Technologies, Inc.
Signatory's Phone Number: XXXXXXXXXX


Response Signature
Signature: /Carrie L. Johnson/     Date: 11/12/2020
Signatory's Name: Carrie L. Johnson
Signatory's Position: Attorney of Record

Signatory's Phone Number: 952-742-7575

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:    CARRIE L. JOHNSON
   CARGILL, INCORPORATED
   LAW/24
   P.O. BOX 5624
   MINNEAPOLIS, Minnesota 55440
Mailing Address:    Carrie L. Johnson
   CARGILL, INCORPORATED
   LAW/24
   P.O. BOX 5624
   MINNEAPOLIS, Minnesota 55440
        
RAM Sale Number: 88904576
RAM Accounting Date: 11/12/2020
        
Serial Number: 88904576
Internet Transmission Date: Thu Nov 12 12:05:28 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020111212052800
4889-88904576-750776dfe4be9f5a98148e4884
fe229df2d5847c9f5673bfc7a26482d9ab0a48d-
DA-05272696-20201112092041456339