To: | Leading Edge Pharms Inc. (ychen@ambizlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88164338 - CANNASOL - LEP-TM-C37 |
Sent: | February 11, 2021 10:35:54 AM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88164338
Mark: CANNASOL
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Correspondence Address: |
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Applicant: Leading Edge Pharms Inc.
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Reference/Docket No. LEP-TM-C37
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: February 11, 2021
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by TMEP §707.02 on February 11, 2021, 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).
SECTIONS 1 AND 45 – UNLAWFUL USE IN COMMERCE ADVISORY
The refusal under Sections 1 and 45, 15 U.S.C. §§1051, 1127, based on a per se violation of the Federal Food, Drug and Cosmetics Act is conditionally withdrawn. However, applicant is advised that, upon consideration of a statement of use, a refusal on the ground that the applied-for mark is not in lawful use in commerce will be issued if warranted by the circumstances. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; see TMEP §907. The mark must comply with all applicable federal laws. In re Pepcom Indus., Inc., 192 USPQ 400, 401 (TTAB 1976); TMEP §907; see In re Brown, 119 USPQ2d 1350, 1351 (TTAB 2016) (citing In re Midwest Tennis & Track Co., 29 USPQ2d 1386, 1386 n.2 (TTAB 1993)).
/Lindsey H. Ben/
Lindsey H. Ben
Trademark Examining Attorney
Law Office 108
Phone: (571) 272-4239
Lindsey.Ben@uspto.gov