To: | CBX ENTERPRISES LLC (jeremy@kwlaw.co) |
Subject: | U.S. Trademark Application Serial No. 88096909 - CBX - 4010-00200 |
Sent: | July 27, 2020 09:46:10 AM |
Sent As: | ecom130@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88096909
Mark: CBX
|
|
Correspondence Address: |
|
Applicant: CBX ENTERPRISES LLC
|
|
Reference/Docket No. 4010-00200
Correspondence Email Address: |
|
EXAMINER’S AMENDMENT
Issue date: July 27, 2020
Applicant’s Response has been reviewed by the undersigned examining attorney. The USPTO database shows that Reg. no. 4359741 has been cancelled. Upon issuance of this Examiner’s Amendment, the Refusal Under Section 2(d), CSA Refusal, FDCA Refusal, Request for Information and Requirement for Acceptable Identification have been obviated/satisfied.
Application has been amended as shown below. As agreed to by Jeremy Kapteyn on July 24, 2020, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
IDENTIFICATION
The identification of goods and services is amended to read as follows:
Class 003: Bath additives, namely, cosmetic bath salts, bath herbs; bath oils; bath oils for cosmetic purposes; non-medicated bath salts; beauty care cosmetics; beauty creams for body care; beauty gels; beauty lotions; body and beauty care cosmetics; body creams; body oils; cosmetic creams; cosmetic oils; face and body lotions; face and body milk; face lotion; hand cream; hand lotions; non-medicated lip care preparations; non-medicated lip conditioners; massage creams; massage oils; non-medicated preparations for the care of skin; non-medicated skin care preparations; oils for toiletry purposes; skin creams; skin emollients; skin lotions; non-medicated body care salves; none of the foregoing comprising ingredients derived from cannabis other than from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis
Class 016: No changes
Class 035: Online retail store services featuring clothing and headwear
See TMEP §§1402.01, 1402.01(e).
GENERAL PROCEDURAL INFORMATION
After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period. The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication. The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.
The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date. An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters. If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s actual use of the mark in commerce or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date. Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request). Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance. If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request. The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.
For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines. Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.
/Heather A. Sales/
Examining Attorney
Law Office 130
(571) 272-7835
Heather.Sales@uspto.gov