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. 88220097 SPIRIT CBD(Standard Characters, see http://uspto.report/TM/88220097/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Dietary and nutritional supplements
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: Dietary and nutritional supplements; Dietary and nutritional supplements containing CBD derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basisClass 005 for Dietary and nutritional supplements containing CBD derived from cannabis with a delta-9 THC concentration of not more than 0.3% 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Windmill Health Products LLC, a limited liability company legally organized under the laws of New Jersey, having an address of
      10 Henderson Drive
      West Caldwell, New Jersey 07006
      United States
      973-575-6591
Proposed: Windmill Health Products LLC, a limited liability company legally organized under the laws of New Jersey, having an address of
      10 Henderson Drive
      West Caldwell, New Jersey 07006
      United States
      Email Address: XXXX
      973-575-6591

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use CBD apart from the mark as shown.


Miscellaneous Statement
This product is from industrial hemp extracted solely from mature stalks and sterilized seeds, and therefore the product is specifically excluded from the definition of marijuana. Applicant specifically states that the product is designed to provide all the benefits of CBD without the psychotropic effects found in THC. The dietary supplement is a CBD based solution for wellness. As such, the applicant's products may be sold in interstate commerce under current FDCA regulations.


The owner's/holder's current attorney information: Scott Yagoda. Scott Yagoda, is located at

      8 HENDERSON DRIVE
      WEST CALDWELL, New Jersey 07006
      United States
      The phone number is 973-575-9200.
      The email address is dstadlin@vitaquest.com

The owner's/holder's proposed attorney information: Scott Yagoda. Scott Yagoda, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      8 HENDERSON DRIVE
      WEST CALDWELL, New Jersey 07006
      United States
      The phone number is 973-575-9200.
      The email address is dstadlin@vitaquest.com

Scott Yagoda 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.Correspondence Information (current):
      SCOTT YAGODA
      PRIMARY EMAIL FOR CORRESPONDENCE: dstadlin@vitaquest.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Scott Yagoda
      PRIMARY EMAIL FOR CORRESPONDENCE: dstadlin@vitaquest.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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)
Response Signature
Signature: /Scott Yagoda/     Date: 02/19/2020
Signatory's Name: Scott Yagoda
Signatory's Position: attorney of record NJ State bar member

Signatory's Phone Number: 973-575-9200

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:    SCOTT YAGODA
   
   
   8 HENDERSON DRIVE
   WEST CALDWELL, New Jersey 07006
Mailing Address:    Scott Yagoda
   8 HENDERSON DRIVE
   WEST CALDWELL, New Jersey 07006
        
Serial Number: 88220097
Internet Transmission Date: Wed Feb 19 17:04:44 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020021917044478
3482-88220097-7107243a59bb5bf95e72e84d2c
32ba358cf0e9dfd1d585518a78a8ad55d1db4a28
-N/A-N/A-20200219165918760292