Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90166062 RG(Standard Characters, see http://uspto.report/TM/90166062/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence has been attached: Arguments in response to Office Action
Original PDF file:
evi_5020594122-2021071514 0752428654_._RG_Word_Mark _ResponsetoOA_07152021.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 020 for Furniture

Applicant proposes to amend the following:

Current:
Class 026 for Artificial plants; Artificial flower arrangements
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 04/00/2020 and first used in commerce at least as early as 04/00/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Artificial plants; Artificial plants, other than Christmas trees; Artificial flower arrangementsClass 026 for Artificial plants, other than Christmas trees; Artificial flower arrangements
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 04/00/2020 and first used in commerce at least as early as 04/00/2020 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Applicant proposes to amend the following:

Current:
Class 031 for Dried plants; Live flowering plants; Live plants; Living plants; Natural plants and flowers; Cut flowers; Dried flower arrangements; Dried flowers; Flowers; Live flower arrangements; Live flowers
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 04/00/2020 and first used in commerce at least as early as 04/00/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Dried plants; Live flowering plants; Live plants; Living plants; Natural plants and flowers; Cut flowers; Dried flower arrangements; Dried flowers; Dried flowers for decoration; Flowers; Live flower arrangements; Live flowersClass 031 for Dried plants; Live flowering plants; Live plants; Living plants; Natural plants and flowers; Cut flowers; Dried flower arrangements; Dried flowers for decoration; Flowers; Live flower arrangements; Live flowers
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 04/00/2020 and first used in commerce at least as early as 04/00/2020 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      SHERRIE M FLYNN
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@ch-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sflynn@ch-law.com; nalshikhaiti@ch-law.com; dhorowitt@ch-law.com

The docket/reference number is 2583.01.
Correspondence Information (proposed):
      Sherrie M Flynn
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@ch-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sflynn@ch-law.com; nalshikhaiti@ch-law.com; dhorowitt@ch-law.com

The docket/reference number is 2583.01.

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: /Sherrie M Flynn/     Date: 07/15/2021
Signatory's Name: Sherrie M Flynn
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 559-248-4820 Signature method: Signed directly within the form

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:    SHERRIE M FLYNN
   COLEMAN & HOROWITT LLP
   
   499 W SHAW AVE STE 116
   FRESNO, California 93704
Mailing Address:    Sherrie M Flynn
   COLEMAN & HOROWITT LLP
   499 W SHAW AVE STE 116
   FRESNO, California 93704
        
Serial Number: 90166062
Internet Transmission Date: Thu Jul 15 16:14:06 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2021071516140674
3565-90166062-780eb398f9abcb23fc20d65259
193e777769f5ce03c5c3de15ce4bc512ce2974-N
/A-N/A-20210715161002045166