NOTE TO THE FILE
SERIAL NUMBER: 88205363
DATE: 07/02/2020
NAME: kray
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPS
From: Ray, Kimberly
Sent: Thursday, July 2, 2020 1:43 PM
To: Richard Clarke <rclarkeesq@gmail.com>
Subject: RE: TM Application for "APRA" (serial no. 88205363) (dkt. no. 18-BBB/503)
Great, thank you. I will enter the changes via an Examiner’s Amendment and request the filing date change in a Priority Action (all sent together as one letter). There isn’t a standard field for this request; you can just state it in a Miscellaneous Statement. As soon as I get that response from you, I will make sure the amendment gets properly entered then approve the application to proceed.
Kim Ray
Attorney Advisor in Law Office 122
United States Patent and Trademark Office
(571) 272-7834
Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
From: Richard Clarke <rclarkeesq@gmail.com>
Sent: Thursday, July 2, 2020 12:31 PM
To: Ray, Kimberly <Kimberly.Ray@USPTO.GOV>
Subject: Re: TM Application for "APRA" (serial no. 88205363) (dkt. no. 18-BBB/503)
Examiner Ray:
My client accepts the below proposed Examiner's Amendment to the recitation of goods, please enter that into the application record.
Additionally, I will file a formal request to change the application filing date, most likely no later than the end of next week (I am presently on vacation).
Thank you for your assistance in getting this TM application to registration. Much appreciated.
Sincerely,
Richard Clarke
Cell: 619-823-3652
Richard D. Clarke, Esq.
Intellectual Property Attorney
LAW OFFICE OF RICHARD D. CLARKE
3755 Avocado Blvd., #1000
La Mesa, CA 91941-7301
On Thu, Jul 2, 2020 at 9:05 AM Ray, Kimberly <Kimberly.Ray@uspto.gov> wrote:
This email is intended for Richard D. Clarke and/or any authorized party
United States Trademark Application Serial No. 88205363 — “APRA”
Attorney Docket No. 18-BBB/503
Dear Mr. Clarke,
I am the trademark examining attorney at the United States Patent and Trademark Office reviewing your above-referenced trademark application. I just received the SOU, and see that it shows used of goods containing CBD. We need to clarify that these goods contain CBD derived only from legal sources. Additionally, supplements containing CBD are not allowed without FDA approval. If the changes below, with amended language in underlined font, are acceptable, I will issue an examiner's amendment accordingly:
Class 3: Cosmetics, namely, lotion, skin cream, and non-medicated general purpose ointments, all of the foregoing not for medical use and containing CBD derived solely from hemp
If you agree to the amendments above, I can make the change for you via an Examiner’s Amendment. However, you will also need to amend the filing date to 12/20/2018, which was the first legal date for CBD derived from hemp. I cannot do that for you; you will need to file a formal submission under declaration.
Please feel free to call or email me to discuss these issues further. Thank you!
Sincerely,
Kim Ray
Attorney Advisor in Law Office 122
United States Patent and Trademark Office
(571) 272-7834
Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.