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)

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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. 88206008 TRIO (Stylized and/or with Design, see http://uspto.report/TM/88206008/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Essential oils; Hemp patches for use in the treatment of pain, anxiety, and stress
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 10/10/2018 and first used in commerce at least as early as 10/30/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Essential oils; Essential oils extracted from industrial hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; Hemp patches for use in the treatment of pain, anxiety, and stressClass 003 for Essential oils extracted from industrial hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis;
Deleted Filing Basis: 1(a)
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 005 for Vitamin supplement patches
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: Vitamin supplement patches; (Based on use in commerce) Transdermal hemp patches for use in the treatment of pain, anxiety, and stress extracted from industrial hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; (Based on intent to use) Vitamin supplement patches containing industrial hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basisClass 005 for (Based on use in commerce) Transdermal hemp patches for use in the treatment of pain, anxiety, and stress extracted from industrial hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; (Based on intent to use) Vitamin supplement patches containing industrial hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent 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.

In International Class 005, the mark was first used at least as early as 10/10/2018 . and first used in commerce at least as early as 12/20/2018 .

Applicant hereby submits one(or more) specimen(s) for Class 005 . The specimen(s) submitted consists of Photograph showing Applicant's goods bearing Applicant's mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

The applicant's current attorney information: Kaela Joyner, NY bar member reg. no. 5418215. Kaela Joyner, NY bar member reg. no. 5418215 of LEGALZOOM LEGAL SERVICES, LTD., is located at

      101 N. BRAND BLVD., 11TH FLOOR
      GLENDALE, California 91203
      US
The docket/reference number is L529187086.

The phone number is 310-230-5385.

The email address is tm@lzlegalservices.com

The applicants proposed attorney information: Kaela Joyner, NY bar member reg. no. 5418215. Other appointed attorneys are All LegalZoom Legal Services Attorneys. Kaela Joyner, NY bar member reg. no. 5418215 of LEGALZOOM LEGAL SERVICES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      101 N. BRAND BLVD., 11TH FLOOR
      GLENDALE, California 91203
      United States
The docket/reference number is L529187086.

The phone number is 310-230-5385.

The email address is tm@lzlegalservices.com

Kaela Joyner, NY bar member reg. no. 5418215 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: KAELA JOYNER, NY BAR MEMBER REG. NO. 5418215. KAELA JOYNER, NY BAR MEMBER REG. NO. 5418215 of LEGALZOOM LEGAL SERVICES, LTD., is located at

      101 N. BRAND BLVD., 11TH FLOOR
      GLENDALE, California 91203
      US
The docket/reference number is L529187086.

The phone number is 310-230-5385.

The email address is tm@lzlegalservices.com

The applicants proposed correspondence information: Kaela Joyner, NY bar member reg. no. 5418215. Kaela Joyner, NY bar member reg. no. 5418215 of LEGALZOOM LEGAL SERVICES, LTD., is located at

      101 N. BRAND BLVD., 11TH FLOOR
      GLENDALE, California 91203
      United States
The docket/reference number is L529187086.

The phone number is 310-230-5385.

The email address is tm@lzlegalservices.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
In accordance with Examination Guide 1-19, Applicant requests that the filing date of the subject application be amended to December 20, 2018.

Original PDF file:
mis-216522495-20191101165415988950_._TRIO_Response_-_529187086.pdf
Converted PDF file(s) ( 4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Original PDF file:
mis-216522495-20191101165415988950_._TRIO_Exhibits_-529187086.pdf
Converted PDF file(s) ( 31 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Miscellaneous File11
Miscellaneous File12
Miscellaneous File13
Miscellaneous File14
Miscellaneous File15
Miscellaneous File16
Miscellaneous File17
Miscellaneous File18
Miscellaneous File19
Miscellaneous File20
Miscellaneous File21
Miscellaneous File22
Miscellaneous File23
Miscellaneous File24
Miscellaneous File25
Miscellaneous File26
Miscellaneous File27
Miscellaneous File28
Miscellaneous File29
Miscellaneous File30
Miscellaneous File31

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /KYMBIRLEY BRAKE/      Date: 11/06/2019
Signatory's Name: Kymbirley Brake
Signatory's Position: CFO
Signatory's Phone Number: 714-310-0312


Response Signature
Signature: /Kaela Joyner/     Date: 11/06/2019
Signatory's Name: Kaela Joyner
Signatory's Position: Attorney of record, New York Bar member

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:    KAELA JOYNER, NY BAR MEMBER REG. NO. 5418215
   LEGALZOOM LEGAL SERVICES, LTD.
   
   101 N. BRAND BLVD., 11TH FLOOR
   GLENDALE, California 91203
Mailing Address:    Kaela Joyner, NY bar member reg. no. 5418215
   LEGALZOOM LEGAL SERVICES, LTD.
   101 N. BRAND BLVD., 11TH FLOOR
   GLENDALE, California 91203
        
Serial Number: 88206008
Internet Transmission Date: Wed Nov 06 21:06:57 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20191106210657328
524-88206008-700b5ee1436c6448bfcde92c39b
ff53e424575816b009aff35669b90ad28cdb5b-N
/A-N/A-20191101165415988950