To: | Windmill Health Products LLC (dstadlin@vitaquest.com) |
Subject: | U.S. Trademark Application Serial No. 88220097 - SPIRIT CBD - N/A - Request for Reconsideration Denied - No Appeal Filed |
Sent: | April 02, 2020 03:46:34 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88220097
Mark: SPIRIT CBD
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Correspondence Address: |
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Applicant: Windmill Health Products LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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REQUEST FOR RECONSIDERATION
AFTER FINAL ACTION
DENIED
Issue date: April 02, 2020
Accordingly, the following refusal made final in the Office action dated 3/6/20 are maintained and continued:
• FDCA Refusal
It is unlawful to introduce food to which CBD, an “article that is approved as a new drug,” has been added into interstate commerce or to market CBD as, or in, dietary supplements, regardless of whether the substances are hemp-derived. 21 U.S.C. §§321(ff)(3)(B)(ii), 331(d), 355(a); see also 21 U.S.C. §352(f)(1) regarding mislabeled drugs. See also Statement from FDA Commissioner Scott Gottlieb, M.D., on signing of the Agriculture Improvement Act and the agency’s regulation of products containing cannabis and cannabis-derived compounds.
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm628988.htm copy previously attached. Therefore, the applicant’s limitation statement indicating that the CBD included in the applicant’s goods is 2018 Farm Bill Compliant, or derived from hemp containing less than .3% tetrahyrocannabinol (THC) does not obviate this refusal.
See TMEP §§715.03(a)(ii)(B), 715.04(a).
In addition, the following refusal made final in that Office action is obviated:
• Controlled Substances Act Refusal
See TMEP §§715.03(a)(ii)(B), 715.04(a).
If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board. TMEP §715.03(a)(ii)(B). Filing a request for reconsideration does not stay or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §715.03(c).
Murray Jr., George
/George Murray/
Trademark Examining Attorney
Law Office 121
(571) 270-5101
George.Murray@uspto.gov