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 07/31/2017) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 86670607 |
LAW OFFICE ASSIGNED | LAW OFFICE 108 |
MARK SECTION | |
MARK | http://tmng-al.gov.uspto.report/resting2/api/img/86670607/large |
LITERAL ELEMENT | CANNATONIC |
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. |
ARGUMENT(S) | |
Since issuance of the subject Office action, prior pending U.S. Application Serial No. 86525335 has been abandoned. With this abandonment, a refusal under Section 2(d) is no longer possible. Applicant respectfully requests withdrawal of the potential refusal. | |
ADDITIONAL STATEMENTS SECTION | |
MISCELLANEOUS STATEMENT | In response to the examining attorney's "Requirement for More Information", Applicant's intended goods as claimed are fruit-flavored, non-alcoholic beverages. Applicant submits that all of Applicant's claimed goods are compliant with relevant federal law, including the Controlled Substances Act (CSA). Applicant's claimed goods do not contain marijuana, marijuana-based preparations, or marijuana extracts or derivatives, synthetic marijuana, or any other illegal controlled substances. "CANNA" is the first half of "CANNATONIC", Applicant's mark. Applicant's mark is being used arbitrarily given Applicant's claimed goods of non-alcoholic beverages. The mark is used arbitrarily and meant to serve as a double entendre, drawing creative inspiration from the phrase, "can of tonic" and the term, "catatonic". Applicant's claimed goods are lawful pursuant to the Controlled Substances Act. Finally, following the issuance of this Office action, Applicant has retained and appointed new counsel. Applicant's new counsel is not and has not been employed by the United States Patent and Trademark Office, a division thereof, or any other agency of the United States government. |
PAYMENT SECTION | |
NUMBER OF PAYMENTS REFUSED OR CHARGED BACK | 1 |
ADDITIONAL FEE PROCESSING FOR EACH PAYMENT(S) REFUSED OR CHARGED BACK | 50 |
TOTAL FEES DUE | 50 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Dennis Hunter/ |
SIGNATORY'S NAME | Kial Long |
SIGNATORY'S POSITION | Director of Marketing |
SIGNATORY'S PHONE NUMBER | 707-322-8704 |
DATE SIGNED | 10/20/2016 |
RESPONSE SIGNATURE | /Abdul A. Darab/ |
SIGNATORY'S NAME | Abdul A. Darab |
SIGNATORY'S POSITION | Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER | 626-768-4485 |
DATE SIGNED | 10/20/2016 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Oct 20 19:52:07 EDT 2016 |
TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0161020195207151300-86670 607-5701be3e7ada2522120d7 a53de19d6d5ce66be3efd696b 7a43b69dfe0bf50fba-CC-580 8-20161020164017054300 |
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 07/31/2017) |
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.