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. 88216040 R (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8821604 0/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 041 for Educational services, namely, providing lectures and seminars in the field of cannabis; Providing a website featuring non-downloadable publications in the nature of articles in the fields of the health benefits of cannabis, and medicinal benefits of cannabis; Providing information and news in the field of current events relating to the cannabis industry
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 041, the mark was first used at least as early as 09/30/2015 and first used in commerce at least as early as 09/30/2015.


Proposed:
Class 041 for Educational services, namely, providing lectures and seminars in the field of cannabis; Providing a website featuring non-downloadable publications in the nature of articles in the fields of the health benefits of cannabis, and medicinal benefits of cannabis; Providing information and news in the field of current events relating to the cannabis industry

Deleted Filing Basis: 1(b)
In International Class 041, the mark was first used at least as early as 09/30/2015 . and first used in commerce at least as early as 09/30/2015 .

Applicant hereby submits one(or more) specimen(s) for Class 041. The specimen(s) submitted consists of The mark used in connection with marketing the applicant's services.
"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].
Original PDF file:
SPU0-2414818227-202004071 30943927396_._R_Stylized_ New_Specimen.pdf
Converted PDF file(s) ( 10 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9Specimen File10

Applicant proposes to amend the following:

Current:
Class 044 for Providing a website featuring resources, namely, online medical information pertaining to medical cannabis
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 044, the mark was first used at least as early as 09/30/2015 and first used in commerce at least as early as 09/30/2015.


Proposed:
Class 044 for Providing a website featuring resources, namely, online medical information pertaining to medical cannabis

Deleted Filing Basis: 1(b)
In International Class 044, the mark was first used at least as early as 09/30/2015 . and first used in commerce at least as early as 09/30/2015 .

Applicant hereby submits one(or more) specimen(s) for Class 044. The specimen(s) submitted consists of The mark used in connection with marketing the applicant's services.
"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].
Original PDF file:
SPU1-2414818227-202004071 30943927396_._R_Stylized_ New_Specimen.pdf
Converted PDF file(s) ( 10 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9Specimen File10

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: CRESCOlabs LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      400 West Erie Street, Suite 110
      Chicago, Illinois 60654
      United States

Proposed: CRESCOlabs LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      400 West Erie Street, Suite 110
      Chicago, Illinois 60654
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
The applicant previously filed a Statement of Use on January 16, 2020 at which time a specimen was submitted without a date stamp. The applicant respectfully submits a substitute specimen containing a date stamp, but wishes to make the examining attorney aware that this substitute specimen was available at the time of filing of the Statement of Use.

Correspondence Information (current):
      Lisa A. Harkins
      PRIMARY EMAIL FOR CORRESPONDENCE: info@fleneriplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): fleneriplaw_docketing@cardinal-ip.com; lharkins@fleneriplaw.com; zflener@fleneriplaw.com

The docket/reference number is 3T10407.
Correspondence Information (proposed):
      Lisa A. Harkins
      PRIMARY EMAIL FOR CORRESPONDENCE: info@fleneriplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lharkins@fleneriplaw.com; zflener@fleneriplaw.com; tbowers@fleneriplaw.com; uspto@dockettrak.com

The docket/reference number is 3T10407.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Lisa A. Harkins/      Date: 04/07/2020
Signatory's Name: Lisa A. Harkins
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone Number: 3127248874


Response Signature
Signature: /Lisa A. Harkins/     Date: 04/07/2020
Signatory's Name: Lisa A. Harkins
Signatory's Position: Associate Attorney, Flener IP & Business Law, Illinois bar member

Signatory's Phone Number: 3127248874

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:    Lisa A. Harkins
   FLENER IP & BUSINESS LAW
   
   77 W WASHINGTON STREET, SUITE 800
   CHICAGO, Illinois 60602
Mailing Address:    Lisa A. Harkins
   FLENER IP & BUSINESS LAW
   77 W WASHINGTON STREET, SUITE 800
   CHICAGO, Illinois 60602
        
Serial Number: 88216040
Internet Transmission Date: Tue Apr 07 14:10:53 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200407141053467869-88216040-71
084957cc531c8b0a7fe2181fbf809e7cce12b2f8
dddc15f080425446f73-N/A-N/A-202004071400
09117292