Response to Office Action

MAD SCIENCE

Armen Chircorian

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 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87323036
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION
MARK http://uspto.report/TM/87323036/mark.png
LITERAL ELEMENT MAD SCIENCE
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)
MadScience and Mad Scientist are two different statements with two different meanings. Leafly is also not the foremost authority on cannabis or marijuana products, so their "strain" is simply a material advertisement and is completely arbitrary with no definite meaning to "society" as a whole, nor "the common sense" is to assume that Mad Scientist means marijuana, in turn, the term Mad Science having absolutely no relevance to the prior as well as any future connections with the term as a "definition of a strain." If that's the case than I can make a website that is a marijuana forum and start saying I have random names as strains and then nobody can do a trademark or they are going to get confused with a marijuana strain? It's not logical, and definitely not legal. Leafly is a privately owned company (non-governmental) and has no authority over the Federal Cannabis Control Substances Act, nor are they in any connection with the Cannabis Control Bureau being instated by governmental policies starting as early as January 2018, and in fact, already have taken effect regionally. Furthermore, any content presented by Leafly or its subsidiaries can only be presented as an advertisement, and not a fact in any way, shape, or form. Advertisements can more often than not be false in nature, and can bare no factual background or definitive nature. Until proven otherwise. In this scenario, Leafly is not the foremost authority in proving anything. Especially a product that falls under the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907 because they are not a government organization. yes our trademark and the product that we are currently creating is in complete compliance with the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907. We are not producing any marijuana products in compliance with the Controlled Substances Act. Applicant?s identified goods DO NOT include or contain marijuana, marijuana-based preparations, marijuana extracts or derivatives, or any other illegal controlled substances establishing full compliance with the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907. We are producing a health vaporizer that contains a tobacco-substitute and is NON-marijuana based, as well as Non-tobacco based parts in our products. Therefore, it complies with the above stated act. This vaporizer that we are creating will utilize several different botanical and pure essential oils extracted from herbs across the world, some often containing common vitamins such as Vitamin B12, and Vitamin C. This model of our business complies with the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907. To further elaborate, NO, our identified goods used or intended for use ARE NOT in connection with marijuana, marijuana-based preparations, marijuana extracts or derivatives, or any other illegal controlled substance. Therefore, again, complying the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907.
ADDITIONAL STATEMENTS SECTION
TRANSLATION The wording mad science has no meaning in a foreign language.
SIGNIFICANCE OF MARK mad appearing in the mark means or signifies or is a term of art for synthesis in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application. science appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) mad science has no meaning in a foreign language.
SIGNATURE SECTION
RESPONSE SIGNATURE /arthur navasardyan/
SIGNATORY'S NAME Arthur Navasardyan
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 3107172084
DATE SIGNED 10/27/2017
AUTHORIZED SIGNATORY YES
RESPONSE SIGNATURE /armen chircorian/
SIGNATORY'S NAME Armen Chircorian
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 8182751143
DATE SIGNED 10/27/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sat Oct 28 02:18:57 EDT 2017
TEAS STAMP USPTO/ROA-XX.XX.XXX.X-201
71028021857789546-8732303
6-510315dde9b59b3ce8f3eb7
c9c2b1ae166671b3d9fd5315b
822c19f6cd913832f-N/A-N/A
-20171028013654796068



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 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 87323036 MAD SCIENCE(Standard Characters, see http://uspto.report/TM/87323036/mark.png) has been amended as follows:

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

MadScience and Mad Scientist are two different statements with two different meanings. Leafly is also not the foremost authority on cannabis or marijuana products, so their "strain" is simply a material advertisement and is completely arbitrary with no definite meaning to "society" as a whole, nor "the common sense" is to assume that Mad Scientist means marijuana, in turn, the term Mad Science having absolutely no relevance to the prior as well as any future connections with the term as a "definition of a strain." If that's the case than I can make a website that is a marijuana forum and start saying I have random names as strains and then nobody can do a trademark or they are going to get confused with a marijuana strain? It's not logical, and definitely not legal. Leafly is a privately owned company (non-governmental) and has no authority over the Federal Cannabis Control Substances Act, nor are they in any connection with the Cannabis Control Bureau being instated by governmental policies starting as early as January 2018, and in fact, already have taken effect regionally. Furthermore, any content presented by Leafly or its subsidiaries can only be presented as an advertisement, and not a fact in any way, shape, or form. Advertisements can more often than not be false in nature, and can bare no factual background or definitive nature. Until proven otherwise. In this scenario, Leafly is not the foremost authority in proving anything. Especially a product that falls under the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907 because they are not a government organization. yes our trademark and the product that we are currently creating is in complete compliance with the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907. We are not producing any marijuana products in compliance with the Controlled Substances Act. Applicant?s identified goods DO NOT include or contain marijuana, marijuana-based preparations, marijuana extracts or derivatives, or any other illegal controlled substances establishing full compliance with the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907. We are producing a health vaporizer that contains a tobacco-substitute and is NON-marijuana based, as well as Non-tobacco based parts in our products. Therefore, it complies with the above stated act. This vaporizer that we are creating will utilize several different botanical and pure essential oils extracted from herbs across the world, some often containing common vitamins such as Vitamin B12, and Vitamin C. This model of our business complies with the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907. To further elaborate, NO, our identified goods used or intended for use ARE NOT in connection with marijuana, marijuana-based preparations, marijuana extracts or derivatives, or any other illegal controlled substance. Therefore, again, complying the Controlled Substances Act (CSA), 21 U.S.C. ??801-971. See 37 C.F.R. ?2.69; TMEP ?907.

ADDITIONAL STATEMENTS
Translation
The wording mad science has no meaning in a foreign language.


Significance of wording, letter(s), or numeral(s)
mad appearing in the mark means or signifies or is a term of art for synthesis in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application. science appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) mad science has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /arthur navasardyan/     Date: 10/27/2017
Signatory's Name: Arthur Navasardyan
Signatory's Position: Owner

Signatory's Phone Number: 3107172084

Response Signature
Signature: /armen chircorian/     Date: 10/27/2017
Signatory's Name: Armen Chircorian
Signatory's Position: Owner

Signatory's Phone Number: 8182751143

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87323036
Internet Transmission Date: Sat Oct 28 02:18:57 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201710280218577895
46-87323036-510315dde9b59b3ce8f3eb7c9c2b
1ae166671b3d9fd5315b822c19f6cd913832f-N/
A-N/A-20171028013654796068



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