To: | OMS Investments, Inc. (trademarks@scotts.com) |
Subject: | U.S. Trademark Application Serial No. 90353963 - POSITIVELY GREEN - N/A |
Sent: | March 31, 2021 11:33:07 AM |
Sent As: | ecom109@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90353963
Mark: POSITIVELY GREEN
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Correspondence Address: 10250 CONSTELLATION BLVD., SUITE 2800
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Applicant: OMS Investments, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: March 31, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
IDENTIFICATION/CLASSIFICATION OF GOODS
The identification/classification of goods is indefinite and must be clarified because the nature of the goods cannot be ascertained and accurately classified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The term “lawn soil” must be clarified and reclassified. See suggested language below.
Applicant may adopt the following identification, if accurate:
“Soil for growing lawns.”
International Class 1.
“Mulch.”
International Class 31.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
GREEN is defined as “a color whose hue is somewhat less yellow than that of growing fresh grass or of the emerald or is that of the part of the spectrum lying between blue and yellow; tending to preserve environmental quality (as by being recyclable, biodegradable, or nonpolluting).” See attached definition from http://www.merriam-webster.com/dictionary/green. The applicant provides environmentally friendly or green products. See the attached copy of applicant’s website from www.scotts.com. Thus, the wording merely describes a significant feature of applicant’s goods.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “GREEN” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
PLEASE NOTE: Applicant is encouraged to telephone or email (Tracy.Cross@uspto.gov) the trademark examining attorney to resolve the issues raised above, if a new class is not being added. Formal responses are not accepted via email. However, in this case, the examining attorney will issue an examiner’s amendment based upon the applicant’s informal email communication.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Tracy Cross/
Examining Attorney
Law Office 109
(571) 272-9271
Tracy.Cross@uspto.gov
RESPONSE GUIDANCE