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)

---

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. 88020832 BOUQUET(Standard Characters, see http://uspto.report/TM/88020832/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Responses to the 2(d), CSA, and FDCA refusals as well as the amendment to the goods and services description and authorization to amend the filing date to December 20, 2018 has been attached.
Original PDF file:
evi_10014120-20200124131819863956_._BOUQUET_OAR.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary and nutritional supplements comprised of hemp with naturally occurring cannabidiol (CBD); hemp protein powder with naturally occurring cannabidiol (CBD) for use as a nutritional supplement; hemp protein with naturally occurring cannabidiol (CBD) for use as a nutritional supplement in various powered and ready-to-drink beverages; meal replacement powders comprised of hemp for medical purposes; meal replacement bars comprised of hemp for medical purposes; meal replacement drink mixes comprised of hemp for medical purposes; hemp-based dietary supplement drink mixes with naturally occurring cannabidiol (CBD); hemp-based nutraceuticals with naturally occurring cannabidiol (CBD) for use as a dietary supplement; hemp-based topical creams, gels, salves, sprays, balms and ointments for analgesic purposes with naturally occurring cannabidiol (CBD); nutrition supplements comprised of hemp with naturally occurring cannabidiol (CBD) in drop form, capsule form, patch form, and in liquid form; edible hemp oil with naturally occurring cannabidiol (CBD) for use as a dietary supplement; hemp oil with naturally occurring cannabidiol (CBD) as a nutritional supplement
Original Filing 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 and nutritional supplements comprised of hemp with naturally occurring cannabidiol (CBD); hemp-based topical creams, gels, salves, sprays, balms and ointments for analgesic purposes with naturally occurring cannabidiol (CBD) derived solely from cannabis with a THC concentration of not more than 0.3% on a dry weight basis; hemp protein powder with naturally occurring cannabidiol (CBD) for use as a nutritional supplement; hemp protein with naturally occurring cannabidiol (CBD) for use as a nutritional supplement in various powered and ready-to-drink beverages; meal replacement powders comprised of hemp for medical purposes; meal replacement bars comprised of hemp for medical purposes; meal replacement drink mixes comprised of hemp for medical purposes; hemp-based dietary supplement drink mixes with naturally occurring cannabidiol (CBD); hemp-based nutraceuticals with naturally occurring cannabidiol (CBD) for use as a dietary supplement; hemp-based topical creams, gels, salves, sprays, balms and ointments for analgesic purposes with naturally occurring cannabidiol (CBD); nutrition supplements comprised of hemp with naturally occurring cannabidiol (CBD) in drop form, capsule form, patch form, and in liquid form; edible hemp oil with naturally occurring cannabidiol (CBD) for use as a dietary supplement; hemp oil with naturally occurring cannabidiol (CBD) as a nutritional supplementClass 005 for hemp-based topical creams, gels, salves, sprays, balms and ointments for analgesic purposes with naturally occurring cannabidiol (CBD) derived solely from cannabis with a 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 class of goods/services in the application:
Current: Class 035 for Online retail store services in the field of hemp-based products, namely, hemp-based personal care products, anti-aging products, dietary and nutritional supplements, beverages, edible oils, meal replacement powders and bars, candles, candies, chocolate, coffee, confectionery, and vaporizers
Original Filing 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: Online retail store services in the field of hemp-based products, namely, hemp-based personal care products, anti-aging products, dietary and nutritional supplements, beverages, edible oils, meal replacement powders and bars, candles, candies, chocolate, coffee, confectionery, and vaporizers; Online retail store services in the field of hemp-based products, namely, non-consumable hemp-based personal care products, anti-aging products, all derived solely from cannabis with a THC concentration of not more than 0.3% on a dry weight basisClass 035 for Online retail store services in the field of hemp-based products, namely, non-consumable hemp-based personal care products, anti-aging products, all derived solely from cannabis with a 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.

The applicant's current attorney information: Chanel Lattimer. Chanel Lattimer of COZEN O'CONNOR, is located at

      1650 MARKET STREET, SUITE 2800
      ONE LIBERTY PLACE
      PHILADELPHIA, Pennsylvania 19103
      US
The docket/reference number is TUTT-0001.

The phone number is 215-665-7272.

The fax number is 215-701-2273.

The email address is clattimer@cozen.com

The applicants proposed attorney information: Chanel Lattimer. Other appointed attorneys are J. Trevor Cloak; Camille M. Miller; Kevin Gibbs; Brianne L. Polito; Mayura Noordyke; Julia Dostal. Chanel Lattimer of COZEN O'CONNOR, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1650 MARKET STREET, SUITE 2800
      ONE LIBERTY PLACE
      PHILADELPHIA, Pennsylvania 19103
      United States
The docket/reference number is TUTT-0001.

The phone number is 215-665-7272.

The fax number is 215-701-2273.

The email address is clattimer@cozen.com

Chanel Lattimer submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: CHANEL LATTIMER. CHANEL LATTIMER of COZEN O'CONNOR, is located at

      1650 MARKET STREET, SUITE 2800
      ONE LIBERTY PLACE
      PHILADELPHIA, Pennsylvania 19103
      US
The docket/reference number is TUTT-0001.

The phone number is 215-665-7272.

The fax number is 215-701-2273.

The email address is clattimer@cozen.com; cmiller@cozen.com; phipdocketing@cozen.com; hdiamond@cozen.com

The applicants proposed correspondence information: Chanel Lattimer. Chanel Lattimer of COZEN O'CONNOR, is located at

      1650 MARKET STREET, SUITE 2800
      ONE LIBERTY PLACE
      PHILADELPHIA, Pennsylvania 19103
      United States
The docket/reference number is TUTT-0001.

The phone number is 215-665-7272.

The fax number is 215-701-2273.

The email address is clattimer@cozen.com; cmiller@cozen.com; phipdocketing@cozen.com; hdiamond@cozen.com; jcloak@cozen.com

SIGNATURE(S)
Response Signature
Signature: /Chanel L.Lattimer/     Date: 01/24/2020
Signatory's Name: Chanel L. Lattimer
Signatory's Position: Attorney, PA bar member

Signatory's Phone Number: 2156627272

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:    CHANEL LATTIMER
   COZEN O'CONNOR
   1650 MARKET STREET, SUITE 2800
   ONE LIBERTY PLACE
   PHILADELPHIA, Pennsylvania 19103
Mailing Address:    Chanel Lattimer
   COZEN O'CONNOR
   1650 MARKET STREET, SUITE 2800
   ONE LIBERTY PLACE
   PHILADELPHIA, Pennsylvania 19103
        
Serial Number: 88020832
Internet Transmission Date: Fri Jan 24 13:29:51 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.X.XX-202001241329511193
06-88020832-700b342872b1044246b8079a3825
d7ae724725ad9f938f3593f62dcbca18546-N/A-
N/A-20200124131819863956