To: | KOI CBD, LLC (nicholas@themyerslg.com) |
Subject: | U.S. Trademark Application Serial No. 88127969 - KOI - KOI01-2015 |
Sent: | April 03, 2020 12:13:21 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88127969
Mark: KOI
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Correspondence Address: 4695 MacArthur Court, Suite 200
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Applicant: KOI CBD, LLC
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Reference/Docket No. KOI01-2015
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: April 03, 2020
This Office action is supplemental to and supersedes the previous Office action issued on July 24, 2019 in connection with this application. The assigned trademark examining attorney inadvertently omitted the requirement that the Date of Use in Commerce must be amended to December 20, 2020 relevant to the mark in the subject application. See TMEP §§706, 711.02. Specifically, the goods must be lawful at the date of use in commerce.
The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue.
Applicant must address all issues raised in this Office action, in addition to the issues raised in the Office action dated July 24, 2019. The issues raised in the previous July 24, 2019 Office action are as follows and are maintained:
SUMMARY OF ISSUES
1) CBD Related Goods Refusal – Not in Lawful Use in Commerce as of Filing Date.
2) FDCA Related Goods Refusal – Not in Lawful Use in Commerce as of Filing Date.
3) Pharmaceuticals/Topicals Refusal.
4) Additional Information Required.
5) Identification of Goods Requirement.
See Prior Office Action Dated July 24, 2019.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Date of Use Must Be Amended.
Applicant must respond to all issues raised in this Office action and the previous July 25, 2019 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
DATES OF USE IN COMMERCE MUST BE AMENDED
Because the identified goods consist of or include items or activities that were prohibited under the Controlled Substances Act at the time of the use dates in commerce, the applicant did not have a valid use date in commerce. Due to the changed circumstances and the potential lawfulness of certain products and activities that meet the definition of the Agricultural Marketing Act of 1946, as amended (AMA), applicant may request to amend the dates of use in commerce of the current application to be December 20, 2018.
An application based on use in commerce under Trademark Act Section 1(a) must include the date of first use of the mark in commerce. 15 U.S.C. §1051(a)(2); 37 C.F.R. §2.34(a)(1)(ii)-(iii); TMEP §§903, 903.03.
Therefore, applicant must amend the dates of first use in commerce to December 20, 2018, verified with an affidavit or signed declaration under 37 C.F.R. §2.20. See 37 C.F.R. §§2.34(a)(1)(ii)-(iii), 2.193(e)(1); TMEP §903.
For an overview of the requirements for providing verified dates of first use and instructions on how to satisfy these requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademark/laws-regulations/dates-use.
Due to the changed circumstances and the potential lawfulness of certain products and activities that meet the definition of the Agricultural Marketing Act of 1946, as amended (AMA), applicant may request to amend the Use date in Commerce to be December 20, 2018. See Examination Guide 1-19 Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill http://www.gov.uspto.report/sites/default/files/documents/Exam%20Guide%201-19.pdf. Applicant must specifically state for the record that such a change to the Use in Commerce date is being authorized and must establish a valid filing basis under 37 C.F.R. §2.34 by satisfying the relevant requirements. See 37 C.F.R. §§2.34 et seq., TMEP §§806 et seq.
USPTO changed federal trademark rules to rename TEAS Reduced Fee (RF) application to “TEAS Standard” and to eliminate TEAS Regular application form. Current TEAS RF applicants will generally need to continue to meet similar application requirements. See Changes to the Trademark Rules of Practice to Mandate Electronic Filing Final Rule and Correction, 84 Fed. Reg. 37,081, 68,045, 69,330 (published July 31, 2019, effective Feb. 15, 2020) (codified at 37 C.F.R. pts. 2 & 7). And current TEAS Regular applicants must now provide an email address when submitting documents through TEAS, will generally be sent correspondence electronically from the USPTO, and will pay a filing fee of $275 per class (instead of $400) when adding a class. For more information about these changes, see the Mandatory Electronic Filing webpage.
How to respond. Click to file a response to this nonfinal Office action.
/Howard Smiga/
Examining Attorney
Law Office 102
571-272-9220
Howard.Smiga@uspto.gov
RESPONSE GUIDANCE