TEAS Request Reconsideration after FOA

MEDMEN

MM ENTERPRISES USA, LLC

TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)
OMB No. 0651-0050 (Exp. 07/31/2017)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86366135
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86366135/large
LITERAL ELEMENT MEDMEN
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT16\IMAGEOUT 16\863\661\86366135\xml12 \RFR0002.JPG
DESCRIPTION OF EVIDENCE FILE an image of the "MedMen" website using the proposed trademark image.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 035
DESCRIPTION
Business advice and information; Business consultation; Business consultation services
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/01/2012
        FIRST USE IN COMMERCE DATE At least as early as 09/01/2012
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 035
DESCRIPTION
Business advice and information; Business consultation; Business consultation services
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/01/2012
       FIRST USE IN COMMERCE DATE At least as early as 09/01/2012
       STATEMENT TYPE "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].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT16\IMAGEOUT 16\863\661\86366135\xml12 \RFR0003.JPG
       SPECIMEN DESCRIPTION An image of the "MedMen" website using the proposed trademark image.
SIGNATURE SECTION
DECLARATION SIGNATURE /Nigel Burns/
SIGNATORY'S NAME Nigel Burns
SIGNATORY'S POSITION Attorney of Record (CA SBN 202576)
SIGNATORY'S PHONE NUMBER 213-687-8080
DATE SIGNED 10/20/2015
RESPONSE SIGNATURE /Nigel Burns/
SIGNATORY'S NAME Nigel Burns
SIGNATORY'S POSITION Attorney of Record (CA SBN 202576)
SIGNATORY'S PHONE NUMBER 213-687-8080
DATE SIGNED 10/20/2015
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Tue Oct 20 14:18:04 EDT 2015
TEAS STAMP USPTO/RFR-XXX.XXX.XXX.XX-
20151020141804919328-8636
6135-54073b9b634ac2d3361d
314c7a9b693ebf6ff73ecd35b
ee022d0974c5251a97a2-N/A-
N/A-20151020141142467352



PTO Form 1960 (Rev 9/2007)
OMB No. 0651-0050 (Exp. 07/31/2017)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 86366135 MEDMEN(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86366135/large) has been amended as follows:

EVIDENCE
Evidence in the nature of an image of the "MedMen" website using the proposed trademark image. has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Business advice and information; Business consultation; Business consultation services
Original Filing Basis:
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 09/01/2012 and first used in commerce at least as early as 09/01/2012 , and is now in use in such commerce.

Proposed: Class 035 for Business advice and information; Business consultation; Business consultation services
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 09/01/2012 and first used in commerce at least as early as 09/01/2012 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of An image of the "MedMen" website using the proposed trademark image. .
"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]. Specimen File1

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: /Nigel Burns/      Date: 10/20/2015
Signatory's Name: Nigel Burns
Signatory's Position: Attorney of Record (CA SBN 202576)
Signatory's Phone Number: 213-687-8080


Request for Reconsideration Signature
Signature: /Nigel Burns/     Date: 10/20/2015
Signatory's Name: Nigel Burns
Signatory's Position: Attorney of Record (CA SBN 202576)

Signatory's Phone Number: 213-687-8080

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 86366135
Internet Transmission Date: Tue Oct 20 14:18:04 EDT 2015
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-201510201418049
19328-86366135-54073b9b634ac2d3361d314c7
a9b693ebf6ff73ecd35bee022d0974c5251a97a2
-N/A-N/A-20151020141142467352


TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]


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