TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87918747 SOLARIA(Standard Characters, see http://uspto.report/TM/87918747/mark.png) has been amended as follows:

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

Pursuant to the Final Office Action issued January 30, 2020, wherein the Examining Attorney refused registration of the mark SOLARIA for goods in classes 1, 5, 30 and 32 for the reason that, according to the Examiner, certain of the identified goods demonstrates Applicant’s intent to use the mark on goods that may be unlawful under the Controlled Substances Act and/or may be unlawful under the Federal Food Drug and Cosmetics Act, and because Applicant, in its response to the Office Action issued June 13, 2019, failed to respond to the requests for information, Applicant requests reconsideration of the refusal based upon the following:

Refusal Under the Controlled Substances Act

Applicant is amending herewith its identification of class 32 and 34 goods in the manner suggested by the Examiner and/or the guidenace provided by the Examiner to further confirm that Applicant does not have an intent to use the SOLARIA mark in conjunction with goods regulated under the Controlled Substances Act. The Examiner’s courtesy in providing curative language is acknowledged with appreciation.

Refusal Under the Food Drug and Cosmetics Act

Applicant is amending therewith its identification of classes 1, 5, 30 and 32 goods to exclude the possibility that Applicant has an intent to use the SOLARIA mark in conjunction with foods, beverages, dietary supplements, pet treats or medications that contain cannabidiol ("CBD"),cannabis or THC or that are marketed as containing CBD, cannabis or THC. Specifically, Applicant has either amended the goods identification to delete all references to food, beverages, dietary supplements or medications, or to the extent such identifications remain, Application has explicitly specified that such goods do not include or contain CBD, cannabis or THC in any amount. Accordingly, the application, as amended, no longer indicates any intention of using the claimed mark on or in conjunction with a product that is illegal or prohibited under either the Controlled Substances Act or under the Food Drug and Cosmetic Act.

Applicant acknowledges that that application, considered in its entirety, evidences an intent on the part of Applicant to use the SOLARIA mark both with (1) goods not regulated under the Food Drug and Cosmetics Act that may contain CBD oil derived solely from hemp but with a THC content below the legal limit as well as (2) goods regulated under the Food Drug and Cosmetic Act that have no CBD, cannabis or THC content at all. Applicant respectfully submits that such a combination of goods should not conflict with the Lanham Act as construed by the applicable case law as none of the identified goods, as amended, contravene either the Controlled Substances Act or the Food Drug and Cosmetic Act. Explained differently, there is no authority Applicant is aware of that holds that a registered mark cannot be used at the same time for items containing CBD oil legally derived and not falling within the ambit of the Food Drug and Cosmetic Act, and items that do fall within the ambit of this act that contain no CBD oil or other cannabidiol.

Requests for Information

Applicant response to the Examiner’s Request for Information as follows:

1. Do or will applicant’s identified goods include any oils, extracts, ingredients or derivatives from the plant Cannabis sativa L (also known as cannabis, marijuana or hemp)?

Only those that are not a food, beverage, dietary supplement, or medication; i.e., only those not regulated under the Food Drug and Cosmetic Act.

2. If the answer to Question 1 is “yes,” does the hemp used or to be used in applicant’s goods contain more than 0.3 percent delta-9 tetrahydrocannabinol (THC) on a dry weight basis?

Applicant has not yet produced any goods for use under the mark. When Applicant does produce such goods, those goods to the extent they are produced from hemp will not contain more than 0.3 percent delta-9 tetrahydrocannabinol (THC) on a dry weight basis.

3. If applicant has any documentation relative to the THC content of the oils, extracts or derivatives used or to be used in the goods, please submit them with the response.

Not applicable. Applicant has not yet produced any goods for use with the mark.

4. If applicant’s goods do or will contain oils, extracts, ingredients or derivatives from the plant Cannabis sativa L which has more than 0.3 percent delta-9 tetrahydrocannabinol on a dry weight basis, identify the part or parts of the plant used in obtaining the oils, extracts, ingredients or derivatives.

Not applicable. Applicant’s goods will not contain more than 0.3 percent delta-9 tetrahydrocannabinol on a dry weight basis.

5. If the “hemp” is grown in the United States of America, was the hemp used in the goods obtained from an authorized grower or supplier of industrial hemp from a hemp growing pilot program set up under the 2014 Farm Bill?

Not applicable. Applicant has not yet produced any goods for use with the mark.

6. Do or will applicant’s identified goods include CBD?

Only to the extent that the goods are not food, beverages, dietary supplements or medications and only to the extent they are manufactured from hemp containing not more than 0.3 percent delta-9 tetrahydrocannabinol (THC) on a dry weight basis.

7. Are applicant's identified goods used or intended for use in connection with marijuana, marijuana-based preparations, marijuana extracts or derivatives, or any other illegal controlled substance?

No.

Conclusion

This request for reconsideration is being submitted in conjunction with a notice of appeal for the classes under refusal.

Applicant submits that its application is now in good and adequate form and respectfully requests the application be approved for publication. The Examiner is invited to contact Applicant’s representative should this response not fully address all matters that remain outstanding in this case.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 001 for Botanical extracts for use in making cosmetics; Plant extracts for use in the manufacture of creams, lotions and cosmetic products; Plant extracts, namely, botanical oils, namely, hemp and CBD oil, used in the manufacture of creams, lotions, snack foods, topical creams, skin creams, infused honey products and health supplements; Plant and herb extracts for use in the manufacture of cosmetics; all of the foregoing featuring goods containing or derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.


Proposed:

Tracked Text Description: Botanical extracts for use in making cosmetics; Plant extracts for use in the manufacture of creams, lotions and cosmetic products; Plant extracts for use in the manufacture of non-medicated creams, lotions and cosmetic products; Plant extracts, namely, botanical oils, namely, hemp and CBD oil, used in the manufacture of creams, lotions, snack foods, topical creams, skin creams, infused honey products and health supplements; Plant extracts, namely, botanical oils, namely, hemp and CBD oil, used in the manufacture of non-medicated creams, lotions, topical creams, and skin creams; Plant and herb extracts for use in the manufacture of cosmetics; all of the foregoing featuring goods containing or derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; all of the foregoing cannabidiol-containing items solely dervied from hemp with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; and Plant extracts, namely, botanical oil used in the manufacture of snack foods, infused honey products and health supplements not including or containing cannabidiol, cannabis or THC in any amountClass 001 for Botanical extracts for use in making cosmetics; Plant extracts for use in the manufacture of non-medicated creams, lotions and cosmetic products; Plant extracts, namely, botanical oils, namely, hemp and CBD oil, used in the manufacture of non-medicated creams, lotions, topical creams, and skin creams; Plant and herb extracts for use in the manufacture of cosmetics; all of the foregoing cannabidiol-containing items solely dervied from hemp with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; and Plant extracts, namely, botanical oil used in the manufacture of snack foods, infused honey products and health supplements not including or containing cannabidiol, cannabis or THC in any amount
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following:

Current:
Class 003 for Aromatic essential oils; Cosmetic creams; Cosmetic creams for skin care; Essential oils; Essential oils for aromatherapy use; Face and body lotions; Lotions for cosmetic purposes; Natural essential oils; Non-medicated skin care creams and lotions; Plant and herb extracts sold as components of cosmetics; Skin lotions; Skin and body topical lotions, creams and oils for cosmetic use; all of the foregoing featuring goods containing or derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.


Proposed:

Tracked Text Description: Aromatic essential oils; Cosmetic creams; Cosmetic creams for skin care; Essential oils; Essential oils for aromatherapy use; Face and body lotions; Lotions for cosmetic purposes; Natural essential oils; Non-medicated skin care creams and lotions; Plant and herb extracts sold as components of cosmetics; Skin lotions; Skin and body topical lotions, creams and oils for cosmetic use; all of the foregoing featuring goods containing or derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; all of the foregoing cannabidiol-containing items solely dervied from hemp with a delta-9 THC concentration of not more than 0.3% on a dry weight basisClass 003 for Aromatic essential oils; Cosmetic creams; Cosmetic creams for skin care; Essential oils; Essential oils for aromatherapy use; Face and body lotions; Lotions for cosmetic purposes; Natural essential oils; Non-medicated skin care creams and lotions; Plant and herb extracts sold as components of cosmetics; Skin lotions; Skin and body topical lotions, creams and oils for cosmetic use; all of the foregoing cannabidiol-containing items solely dervied from hemp with a delta-9 THC concentration of not more than 0.3% on a dry weight basis
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following:

Current:
Class 005 for Dietary food supplements; Dietary supplements; Dietary supplements consisting primarily of botanical oils including hemp and CBD oil; Dietary and nutritional supplements containing botanical oils including hemp and CBD oil; Medicated skin care preparations; Medicinal creams for skin care; Medicinal oils; Nutraceuticals for use as a dietary supplement; Nutritional supplements; Nutritional supplements consisting primarily of botanical oils including hemp and CBD oil; Nutritional supplements in lotion form sold as a component of nutritional skin care products; Pharmaceutical skin lotions; Plant extracts for pharmaceutical purposes; Plant and herb extracts sold as components of medicated cosmetics; all of the foregoing featuring goods containing or derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.


Proposed:

Tracked Text Description: Dietary food supplements; Dietary supplements; Dietary supplements consisting primarily of botanical oils including hemp and CBD oil; Dietary supplements consisting primarily of botanical oils; Dietary and nutritional supplements containing botanical oils including hemp and CBD oil; Dietary and nutritional supplements containing botanical oils; Medicated skin care preparations; Medicinal creams for skin care; Medicinal oils; Nutraceuticals for use as a dietary supplement; Nutritional supplements; Nutritional supplements consisting primarily of botanical oils including hemp and CBD oil; Nutritional supplements in lotion form sold as a component of nutritional skin care products; Pharmaceutical skin lotions; Plant extracts for pharmaceutical purposes; Plant and herb extracts sold as components of medicated cosmetics; all of the foregoing not including or containing cannabidiol, cannabis or THC in any amount; all of the foregoing featuring goods containing or derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basisClass 005 for Dietary food supplements; Dietary supplements; Dietary supplements consisting primarily of botanical oils; Dietary and nutritional supplements containing botanical oils; Medicated skin care preparations; Medicinal creams for skin care; Medicinal oils; Nutraceuticals for use as a dietary supplement; Nutritional supplements; Nutritional supplements in lotion form sold as a component of nutritional skin care products; Pharmaceutical skin lotions; Plant extracts for pharmaceutical purposes; Plant and herb extracts sold as components of medicated cosmetics; all of the foregoing not including or containing cannabidiol, cannabis or THC in any amount
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following:

Current:
Class 030 for Bakery goods; Candy bars; Chocolate; Chocolate covered cookies; Gummy candies; Hard candies; Honey infused with botanical oils including hemp and CBD oil; Natural sweeteners; all of the foregoing featuring goods containing or derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.


Proposed:

Tracked Text Description: Bakery goods; Candy bars; Chocolate; Chocolate covered cookies; Gummy candies; Hard candies; Honey infused with botanical oils including hemp and CBD oil; Honey infused with botanical oils; Natural sweeteners; all of the foregoing featuring goods containing or derived solely from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; all of the foregoing not including or containing cannabidiol, cannabis or THC in any amountClass 030 for Bakery goods; Candy bars; Chocolate; Chocolate covered cookies; Gummy candies; Hard candies; Honey infused with botanical oils; Natural sweeteners; all of the foregoing not including or containing cannabidiol, cannabis or THC in any amount
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following:

Current:
Class 032 for Smoothies
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.


Proposed:

Tracked Text Description: Smoothies; Smoothies not including or containing cannabidiol, cannabis or THC in any amountClass 032 for Smoothies not including or containing cannabidiol, cannabis or THC in any amount
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following:

Current:
Class 034 for Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Oral vaporizers for smoking purposes; Electric cigarettes
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.


Proposed:

Tracked Text Description: Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Oral vaporizers for smoking purposes; Electric cigarettes; all of the foregoing cannabidiol-containing items solely dervied from hemp with a delta-9 THC concentration of not more than 0.3% on a dry weight basisClass 034 for Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Oral vaporizers for smoking purposes; Electric cigarettes; all of the foregoing cannabidiol-containing items solely dervied from hemp with a delta-9 THC concentration of not more than 0.3% on a dry weight basis
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Solaria LLC, a limited liability company legally organized under the laws of Nevada, having an address of
      99-1295 Waiua Place Unit B1
      Aiea, Hawaii 96701
      United States
      866-610-5584
Proposed: Solaria LLC, a limited liability company legally organized under the laws of Nevada, having an address of
      99-1295 Waiua Place Unit B1
      Aiea, Hawaii 96701
      United States
      Email Address: XXXX
      866-610-5584
Correspondence Information (current):
      Seth M. Reiss
      PRIMARY EMAIL FOR CORRESPONDENCE: seth.reiss@lex-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 1830-5TM.
Correspondence Information (proposed):
      Seth M. Reiss
      PRIMARY EMAIL FOR CORRESPONDENCE: seth.reiss@lex-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 1830-5TM.

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)
Request for Reconsideration Signature
Signature: /seth m reiss/     Date: 07/29/2020
Signatory's Name: Seth M. Reiss
Signatory's Position: Atttorney of record, Hawai'i bar member

Signatory's Phone Number: 808 521 7080

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.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Seth M. Reiss
   SETH M. REISS, AAL, ALLLC
   
   3770 LURLINE DRIVE
   HONOLULU, Hawaii 96816
Mailing Address:    Seth M. Reiss
   SETH M. REISS, AAL, ALLLC
   3770 LURLINE DRIVE
   HONOLULU, Hawaii 96816
        
Serial Number: 87918747
Internet Transmission Date: Wed Jul 29 22:59:58 ET 2020
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20200729225958867
855-87918747-7409e6be7a816cc8b4cc81288bb
8b1bc6e34d5dc86cdcb961cc7cb621b2efa8f5-N
/A-N/A-20200729222240014133