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. 88221710 SKUNK BRAND(Standard Characters, see http://uspto.report/TM/88221710/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The applicant, BBK Tobacco & Foods, LLP, is a distributor of tobacco and smoking-related products including loose tobacco, traditional tobacco pipes, cigarillos, cigarette papers, storage containers, cigarette rolling trays, lighters, scales and a wide variety of other smoking accessories. Our customers are other wholesalers and retailers; we do not sell directly to consumers. Our products are sold to customers in a wide variety of stores ranging from the largest big-box retailers, national convenience stores and privately-owned smoke shops. Appplicant's identified goods do not include devices or equipment designed for or primarily intended for the purpose of preparing or processing marijuana, cannabis, marijuana-based, cannabis-based extracts, oils or derivatives, synthetic marijuana, or any other illegal controlled substances. In addition to the above statement, section 863 of the Controlled Substances Act (CSA), referenced in the Office Action, contains a significant but often overlooked exception: This section shall not apply to . . . any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory. 21 U.S.C. section 863(f)(2) (emphasis added). Thus, the goods identified in the application are exempt from the CSA because they are the type of tobacco product accessory traditionally intended for use with tobacco products.

The applicant's current attorney information: Brendan Mahoney. Brendan Mahoney, is located at

      3401 W PAPAGO STREET
      PHOENIX, Arizona 85009
      US

The phone number is 602-374-7482.

The email address is legal@hbiin.com

The applicants proposed attorney information: Brendan Mahoney. Brendan Mahoney, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3401 W PAPAGO STREET
      PHOENIX, Arizona 85009
      United States

The phone number is 602-374-7482.

The email address is legal@hbiin.com

Brendan Mahoney 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: BRENDAN MAHONEY. BRENDAN MAHONEY, is located at

      3401 W PAPAGO STREET
      PHOENIX, Arizona 85009
      US

The phone number is 602-374-7482.

The email address is legal@hbiin.com

The applicants proposed correspondence information: Brendan Mahoney. Brendan Mahoney, is located at

      3401 W PAPAGO STREET
      PHOENIX, Arizona 85009
      United States

The phone number is 602-374-7482.

The email address is legal@hbiin.com

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


SIGNATURE(S)
Response Signature
Signature: /Brendan N. Mahoney/     Date: 08/29/2019
Signatory's Name: Brendan N. Mahoney
Signatory's Position: General Counsel

Signatory's Phone Number: 602-374-7482

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:    BRENDAN MAHONEY
   
   
   3401 W PAPAGO STREET
   PHOENIX, Arizona 85009
Mailing Address:    Brendan Mahoney
   3401 W PAPAGO STREET
   PHOENIX, Arizona 85009
        
Serial Number: 88221710
Internet Transmission Date: Thu Aug 29 13:03:24 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019082913032447
4645-88221710-6105931b427d4d2727ea65a302
559f7965f2761f7e52ddd434ca8b68f64288db5a
-N/A-N/A-20190829125951400214