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 |
88003956 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88003956/mark.png |
LITERAL ELEMENT |
CROWN |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 Mark - CROWN Serial No. 88003956 March 1, 2020 Dear Mr. Mucha, The Applicant
provides the following response to the Office Action dated December 10, 2019. SECTION 2(D) REFUSAL ? LIKELIHOOD OF CONFUSION ? PARTIAL REFUSAL In response to the Section 2(d) refusal, the Applicant
hereby deletes class 030. All other refusals and requests for information regarding class 030 are thereby made mute. PARTIAL SECTIONS 1 AND 45 REFUSAL ? NOT IN LAWFUL USE IN COMMERCE ? CSA The
Applicant hereby amends the goods list in class 034 as follows: International Class 34: Cigarette rolling papers; Smoking pipes; none of the foregoing for use with cannabis or cannabis extracts or
derivatives; Tobacco pipes ADDITIONAL PRODUCT INFORMATION REQUIRED The Examiner has requested the following information: To permit proper examination of the application, applicant must submit
additional product information about applicant?s goods because the nature of such goods is not clear from the present record. See 37 C.F.R. ?2.61(b); TMEP ?814. The requested product information must
include full ingredient lists and photograph of full packaging for the identified goods. If these materials are unavailable, applicant should submit similar documentation for goods of the same type,
explaining how its own productwill differ. Applicant must also describe in detail the nature, purpose, and channels of trade of the goods. Factual information about the goods must clearly indicate
how they operate, their salient features, and their prospective customers and channels of trade. The Applicant is not clear as to which class of goods this request applies, but given the request for
an ?ingredients list? the Applicant assumes the request applies to class 030 goods only since the goods in class 034 - Cigarette rolling papers; Smoking pipes; Tobacco pipes, do not contain
?ingredients? as implied by the request. The Applicant?s Cigarette rolling papers are made from 100% hemp fiber that does not contain any percentage of delta- 9 tetrahydrocannabinol (THC) or any
other controlled substance. In response to the Examiner?s question; Are applicant?s cigarette rolling papers coated in hash oil or any other cannabis extracts or derivatives? The goods identified in
Class 34 of the Applicant?s application DO NOT AND WILL NOT include or contain oils, hash oil, extracts, ingredients or derivatives from the plant Cannabis sativa L (also known as cannabis, marijuana
or hemp), or any percentage of delta-9 tetrahydrocannabinol (THC) or any other controlled substance under the CSA. CONCLUSION Based on the foregoing, Applicant respectfully submits that the refusal
to register Applicant?s mark has been overcome and the the present mark is in condition for allowance and passage to publication. Early notice to that effect respectfully requested. To the extent
that the ExaminingAttorney has any questions, requires additional information or has suggestions to resolve any outstanding issue that may exists, he/she is invited to contact Applicant?s counsel at
the number listed below. Respectively submitted, Date: By: Alan Kendrick AKIP Legal 1968 South Coast Hwy Suite 302 Laguna Beach, CA 92651 (858) 405-4799 |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_173239198185-20200301 161309438791_._CROWN_Resp
onse_to_OA_II.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\880\039\88003956\xml1\ ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\880\039\88003956\xml1\ ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
Full Response to the Office Action |
GOODS AND/OR SERVICES SECTION (030)(class deleted) |
GOODS AND/OR SERVICES SECTION (034) (current) |
INTERNATIONAL CLASS |
034 |
DESCRIPTION |
Cigarette rolling papers; Smoking pipes; Tobacco pipes |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2012 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2012 |
GOODS AND/OR SERVICES SECTION (034) (proposed) |
INTERNATIONAL CLASS |
034 |
TRACKED TEXT DESCRIPTION |
Cigarette rolling papers; Smoking pipes; none of the
foregoing for use with cannabis or cannabis extracts or derivatives; Tobacco pipes |
FINAL DESCRIPTION |
Cigarette rolling papers; Smoking pipes; none of the foregoing for use with cannabis or cannabis extracts or derivatives; Tobacco
pipes |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2012 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2012 |
CORRESPONDENCE INFORMATION (current) |
NAME |
Alan Kendrick |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ak@akiplegal.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
CR L&W-6-18 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Alan Kendrick |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ak@akiplegal.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
CR L&W-6-18 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Alan Kendrick/ |
SIGNATORY'S NAME |
Alan Kendrick |
SIGNATORY'S POSITION |
Attorney of record, California Bar member |
SIGNATORY'S PHONE NUMBER |
8584054799 |
DATE SIGNED |
03/01/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Sun Mar 01 16:18:09 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20200301161809806277-880
03956-7105f8e1b2765f5c1dd
886c765ed8f5548d918c44abe
6129a69566f4d97d93d69-N/A
-N/A-20200301161309438791 |
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.
88003956 CROWN (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8800395 6/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 Mark - CROWN Serial No. 88003956 March 1, 2020 Dear Mr. Mucha, The Applicant provides the following response to the Office Action
dated December 10, 2019. SECTION 2(D) REFUSAL ? LIKELIHOOD OF CONFUSION ? PARTIAL REFUSAL In response to the Section 2(d) refusal, the Applicant hereby deletes class 030. All other refusals and
requests for information regarding class 030 are thereby made mute. PARTIAL SECTIONS 1 AND 45 REFUSAL ? NOT IN LAWFUL USE IN COMMERCE ? CSA The Applicant hereby amends the goods list in class 034 as
follows: International Class 34: Cigarette rolling papers; Smoking pipes; none of the foregoing for use with cannabis or cannabis extracts or derivatives; Tobacco pipes ADDITIONAL PRODUCT INFORMATION
REQUIRED The Examiner has requested the following information: To permit proper examination of the application, applicant must submit additional product information about applicant?s goods because
the nature of such goods is not clear from the present record. See 37 C.F.R. ?2.61(b); TMEP ?814. The requested product information must include full ingredient lists and photograph of full packaging
for the identified goods. If these materials are unavailable, applicant should submit similar documentation for goods of the same type, explaining how its own productwill differ. Applicant must also
describe in detail the nature, purpose, and channels of trade of the goods. Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective
customers and channels of trade. The Applicant is not clear as to which class of goods this request applies, but given the request for an ?ingredients list? the Applicant assumes the request applies
to class 030 goods only since the goods in class 034 - Cigarette rolling papers; Smoking pipes; Tobacco pipes, do not contain ?ingredients? as implied by the request. The Applicant?s Cigarette
rolling papers are made from 100% hemp fiber that does not contain any percentage of delta- 9 tetrahydrocannabinol (THC) or any other controlled substance. In response to the Examiner?s question; Are
applicant?s cigarette rolling papers coated in hash oil or any other cannabis extracts or derivatives? The goods identified in Class 34 of the Applicant?s application DO NOT AND WILL NOT include or
contain oils, hash oil, extracts, ingredients or derivatives from the plant Cannabis sativa L (also known as cannabis, marijuana or hemp), or any percentage of delta-9 tetrahydrocannabinol (THC) or
any other controlled substance under the CSA. CONCLUSION Based on the foregoing, Applicant respectfully submits that the refusal to register Applicant?s mark has been overcome and the the present
mark is in condition for allowance and passage to publication. Early notice to that effect respectfully requested. To the extent that the ExaminingAttorney has any questions, requires additional
information or has suggestions to resolve any outstanding issue that may exists, he/she is invited to contact Applicant?s counsel at the number listed below. Respectively submitted, Date: By: Alan
Kendrick AKIP Legal 1968 South Coast Hwy Suite 302 Laguna Beach, CA 92651 (858) 405-4799
EVIDENCE
Evidence has been attached: Full Response to the Office Action
Original PDF file:
evi_173239198185-20200301 161309438791_._CROWN_Resp
onse_to_OA_II.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 030 for Cereal based energy bars; Cracker and cheese combinations; Crackers; Frozen cookie, brownie and biscotti dough; Granola snacks; Granola-based snack bars; Rice cakes; Rice crackers
Applicant proposes to amend the following:
Current:
Class 034 for Cigarette rolling papers; Smoking pipes; Tobacco pipes
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 01/01/2012 and first used in commerce at least as early as 01/01/2012 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Cigarette rolling papers;
Smoking pipes;
none of the foregoing for use with
cannabis or cannabis extracts or derivatives;
Tobacco pipesClass 034 for Cigarette rolling papers; Smoking pipes; none of the foregoing for use with cannabis or
cannabis extracts or derivatives; Tobacco pipes
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 01/01/2012 and first used in commerce at least as early as 01/01/2012 , and
is now in use in such commerce.
Correspondence Information (current):
Alan Kendrick
PRIMARY EMAIL FOR CORRESPONDENCE: ak@akiplegal.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is CR L&W-6-18.
Correspondence Information (proposed):
Alan Kendrick
PRIMARY EMAIL FOR CORRESPONDENCE: ak@akiplegal.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is CR L&W-6-18.
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)
Response Signature
Signature: /Alan Kendrick/ Date: 03/01/2020
Signatory's Name: Alan Kendrick
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 8584054799
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.
Mailing Address: Alan Kendrick
ALAN KENDRICK
1968 SOUTH COAST HWY, SUITE 302
LAGUNA BEACH, California 92651
Mailing Address: Alan Kendrick
ALAN KENDRICK
1968 SOUTH COAST HWY, SUITE 302
LAGUNA BEACH, California 92651
Serial Number: 88003956
Internet Transmission Date: Sun Mar 01 16:18:09 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200301161809
806277-88003956-7105f8e1b2765f5c1dd886c7
65ed8f5548d918c44abe6129a69566f4d97d93d6
9-N/A-N/A-20200301161309438791