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)

---

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. 88237642 FIRST & FREE(Standard Characters, see http://uspto.report/TM/88237642/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Clothing, footwear and headwear

Applicant hereby deletes the following class of goods/services from the application.
Class 029 for Hemp, Hemp derivatives, Cannabis and cannabis derivative and infused products, not for medicinal use, including, oil extracts, oils, extracts, tinctures, resins, waxes, hashes, pastes, balms, salves, concentrates, lotions, sprays, ointments, tonics, liquids, powders, teas, coffees, beverages, topical skin creams, lotions and gels, pills, tablets, capsules, suppositories, tampons, skin patches, sublingual doses, mucous membrane doses, sprays and liquids, transdermal patches and oral sprays; hemp protein powder, hemp hearts, hemp oil, hemp seeds, hemp flour, hemp cereal, hemp milk, hemp-based snack foods and other hemp products

Applicant hereby deletes the following class of goods/services from the application.
Class 030 for Food products and edibles containing cannabis, cannabis extracts, cannabis resins, cannabis oils, cannabis gum, cannabis waxes, cannabis butters, and cannabis hashes and other derivatives including teas, cakes, cereal bars, cookies, pastries, brownies, muffins, cupcakes, bread, buns, biscuits, pastries, chocolate, chocolate confectionery and bars, chewing gum, energy bars, granola based bars, fruit bars, snack and food bars, meal replacement bars, dietary supplements, dietary supplements for promotion weight loss, sugar confectionery, gummies, hard candies, mints, crackers, granola, cereal, ice cream, candies, chewing gum, chips; Food and edible treats for pets containing cannabis, cannabis extracts, cannabis resins, cannabis oils, cannabis gum, cannabis waxes, cannabis butters, and cannabis hashes and other cannabis derivatives

Applicant hereby deletes the following class of goods/services from the application.
Class 031 for Cannabis in its various forms including live cannabis plants, cannabis seeds, fresh cannabis, dried cannabis; live plants and seeds for horticultural purposes

Applicant hereby deletes the following class of goods/services from the application.
Class 032 for Non-alcoholic beverages infused with cannabis, cannabis extracts, cannabis resins, cannabis oils, cannabis tinctures, cannabis waxes and other cannabis derivatives including smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks and waters, protein supplement shakes, sports recovery drinks, isotonic drinks, dietary supplement drinks, meal replacement drinks; hemp smoothies, hemp fruit beverages, hemp fruit juices, carbonated soft drinks with hemp, hemp energy drinks and other hemp beverages

Applicant hereby deletes the following class of goods/services from the application.
Class 034 for Cannabis accessories for the preparation, use and storage of cannabis including water pipes, vaporizers, bongs, bowls, hookah, rolling papers, blunts, roach clips, pill bottles, lighters, torches, ashtrays, grinders, weighing scales; smokers' articles, namely, smoking pipes, pouches for use with cannabis, lighters for smokers; smokers' articles, namely, oral vaporizers for smokers; cannabis and marijuana for recreational use; derivatives of cannabis; hemp and hemp derivatives

Applicant hereby deletes the following class of goods/services from the application.
Class 038 for Operation of an online bulletin board for publishing of information about benefits of medical marijuana and cannabis, research related to medical cannabis and marijuana and for users to provide commentary about the content or about subjects relating thereto; operation of an online bulletin board for registered users to participate in discussions, provide and obtain feedback from other registered users, form virtual communities, and engage in social networking in the field of medical marijuana and medical cannabis

Applicant proposes to amend the following:

Current:
Class 003 for Cosmetics, makeup, makeup removers, eye creams, skin care preparations, skin creams, skin serums, skin oils, skin emollients, skin lotions, non-medicated skin care treatment preparations, facial and body skin masks, skin soap, body powders for personal use, bath and shower soaps, liquid soap; face and body lotions, face and body milk, face lotion, hand cream, hand lotions, bath gels, bath lotions, non-medicated bath salts, bath scrubs, bath oils, bubble bath, bath additives, bath herbs, bath bombs, nail enamel and nail care preparations, nail polish remover, lip care preparations, lip conditioners, lip glosses, sun skin care preparations, sun screen preparations, sun block preparations, self-tanning preparations, after-sun skin soothing and moisturizing preparations, pre-shave and after shave lotions, pre-shave and after shave creams, pre-shave and after shave balms, pre-shave and after shave splashes, pre-shave and after shave gels, personal deodorants and antiperspirants, hair care preparations, hair oils, hair masks, scalp treatments, hair sunscreen preparations, non-medicated preparations for the care of the scalp, essential oils for aromatherapy, essential oils for perfumery and personal use, scented oils for personal use, massage creams; massage oils
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Cosmetics, makeup, makeup removers, eye creams, skin care preparations, skin creams, skin serums, skin oils, skin emollients, skin lotions, non-medicated skin care treatment preparations, facial and body skin masks, skin soap, body powders for personal use, bath and shower soaps, liquid soap; Cosmetics, makeup, makeup removers, eye creams, non-medicated skin care preparations, non-medicated skin creams, skin serums, skin oils, cosmetic skin emollients, skin lotions, non-medicated skin care treatment preparations, facial and body skin masks, skin soap, body powders for personal use, bath and shower soaps, liquid soap; face and body lotions, face and body milk, face lotion, hand cream, hand lotions, bath gels, bath lotions, non-medicated bath salts, bath scrubs, bath oils, bubble bath, bath additives, bath herbs, bath bombs, nail enamel and nail care preparations, nail polish remover, lip care preparations, lip conditioners, lip glosses, sun skin care preparations, sun screen preparations, sun block preparations, self-tanning preparations, after-sun skin soothing and moisturizing preparations, pre-shave and after shave lotions, pre-shave and after shave creams, pre-shave and after shave balms, pre-shave and after shave splashes, pre-shave and after shave gels, personal deodorants and antiperspirants, hair care preparations, hair oils, hair masks, scalp treatments, hair sunscreen preparations, non-medicated preparations for the care of the scalp, essential oils for aromatherapy, essential oils for perfumery and personal use, scented oils for personal use, massage creams; face and body lotions, face and body milk, face lotion, hand cream, hand lotions, bath gels, bath lotions, non-medicated bath salts, bath scrubs, bath oils, bubble bath, bath additives in the nature of melts, bath herbs, bath bombs, nail enamel and nail care preparations, nail polish remover, non-medicated lip care preparations, lip conditioners, lip glosses, sun skin care preparations, sun screen preparations, sun block preparations, self-tanning preparations, after-sun skin soothing and moisturizing preparations, pre-shave and after shave lotions, pre-shave and after shave creams, pre-shave and after shave balms, pre-shave and after shave splashes, pre-shave and after shave gels, personal deodorants and antiperspirants, hair care preparations, hair oils, hair masks, scalp treatments, hair sunscreen preparations, non-medicated preparations for the care of the scalp, essential oils for aromatherapy, essential oils for perfumery and personal use, scented oils for personal use, massage creams; massage oils; massage oils, all of the foregoing containing hemp-derived CBD with a delta-9 THC concentration of not more than .3% on a dry weight basisClass 003 for Cosmetics, makeup, makeup removers, eye creams, non-medicated skin care preparations, non-medicated skin creams, skin serums, skin oils, cosmetic skin emollients, skin lotions, non-medicated skin care treatment preparations, facial and body skin masks, skin soap, body powders for personal use, bath and shower soaps, liquid soap; face and body lotions, face and body milk, face lotion, hand cream, hand lotions, bath gels, bath lotions, non-medicated bath salts, bath scrubs, bath oils, bubble bath, bath additives in the nature of melts, bath herbs, bath bombs, nail enamel and nail care preparations, nail polish remover, non-medicated lip care preparations, lip conditioners, lip glosses, sun skin care preparations, sun screen preparations, sun block preparations, self-tanning preparations, after-sun skin soothing and moisturizing preparations, pre-shave and after shave lotions, pre-shave and after shave creams, pre-shave and after shave balms, pre-shave and after shave splashes, pre-shave and after shave gels, personal deodorants and antiperspirants, hair care preparations, hair oils, hair masks, scalp treatments, hair sunscreen preparations, non-medicated preparations for the care of the scalp, essential oils for aromatherapy, essential oils for perfumery and personal use, scented oils for personal use, massage creams; massage oils, all of the foregoing containing hemp-derived CBD with a delta-9 THC concentration of not more than .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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:

Current:
Class 005 for Medicated skincare products for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds; topical skin creams, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and other skin care preparations containing cannabis and derivatives of cannabis for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds; pharmaceutical cannabis and cannabis derivative products for medicinal use including, oil extracts, oils, extracts, tinctures, resins, waxes, hashes, pastes, balms, salves, concentrates, lotions, sprays, ointments, pastes, extracts, tinctures, tonics, liquids, powders, teas, coffees, beverages, topical skin creams, lotions and gels, pills, tablets, capsules, suppositories, tampons, skin patches, sublingual doses, and mucous membrane doses, sprays and liquids, transdermal patches and oral sprays; botanical, herbal, nutraceutical, dietary and nutritional supplements, natural health products and natural solutions for general health and well-being; botanical, herbal, nutraceutical, dietary and nutritional preparations containing plant extracts and plant-derived nutrients; pharmaceutical, nutraceuticals, botanicals containing cannabis and derivatives of cannabis for therapeutic / medicinal use such as: general health and well-being, the temporary relief of joint and muscle pain, rheumatoid arthritis, nerve pain, weight loss, smoking cessation, hormonal imbalance indications including vaginal dryness, PMS (mensural relief), cramps, mental health (mood modulation, anxiety, relaxation, reducing stress, fatigue, mood enhancement, depression), insomnia /sleep aid, increase appetite; Veterinary preparations containing cannabis and cannabis derivatives for the treatment of diseases and disorders including, long-term neurogenic pain, muscle spasms, muscle cramps, reduced appetite, weight loss, treatment of pain and the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic procedures
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Medicated skincare products for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds; Medicated skincare preparations for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds, bath oils and body oils, containing cannabis and derivatives of cannabis for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds; topical skin creams, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and other skin care preparations containing cannabis and derivatives of cannabis for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds; pharmaceutical cannabis and cannabis derivative products for medicinal use namely, oil extracts, oils; pharmaceutical cannabis and cannabis derivative products for medicinal use including, oil extracts, oils, extracts, tinctures, resins, waxes, hashes, pastes, balms, salves, concentrates, lotions, sprays, ointments, pastes, extracts, tinctures, tonics, liquids, powders, teas, coffees, beverages, topical skin creams, lotions and gels, pills, tablets, capsules, suppositories, tampons, skin patches, sublingual doses, and mucous membrane doses, sprays and liquids, transdermal patches and oral sprays; all of the foregoing containing hemp-derived CBD with a delta-9 THC concentration of not more than .3% on a dry weight basis; botanical, herbal, nutraceutical, dietary and nutritional supplements, natural health products and natural solutions for general health and well-being; botanical, herbal, nutraceutical, dietary and nutritional preparations containing plant extracts and plant-derived nutrients; pharmaceutical, nutraceuticals, botanicals containing cannabis and derivatives of cannabis for therapeutic / medicinal use such as: general health and well-being, the temporary relief of joint and muscle pain, rheumatoid arthritis, nerve pain, weight loss, smoking cessation, hormonal imbalance indications including vaginal dryness, PMS (mensural relief), cramps, mental health (mood modulation, anxiety, relaxation, reducing stress, fatigue, mood enhancement, depression), insomnia /sleep aid, increase appetite; Veterinary preparations containing cannabis and cannabis derivatives for the treatment of diseases and disorders including, long-term neurogenic pain, muscle spasms, muscle cramps, reduced appetite, weight loss, treatment of pain and the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic proceduresClass 005 for Medicated skincare preparations for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds, bath oils and body oils, containing cannabis and derivatives of cannabis for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds; pharmaceutical cannabis and cannabis derivative products for medicinal use namely, oil extracts, oils; all of the foregoing containing hemp-derived CBD with a delta-9 THC concentration of not more than .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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:

Current:
Class 035 for Retail, online and wholesale sale in the following fields including recreational and medical cannabis, recreational and medical marijuana, cannabis derivative products, cannabis infused products including food, beverages, skin care products, pharmaceutical products, natural health products, and accessories, including pipes, rolling papers, water pipes, grinders, vaporizers, scales, bongs, bowls, hookah, blunts, roach clips, lighters, torches, ashtrays; Development, management and operation of businesses including advisory services in the healthcare industry, the medical marijuana and cannabis industry, the marijuana and cannabis industry and high-technology industry; advice and information concerning commercial business management; business management supervision; business planning
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Retail, online and wholesale sale in the following fields including recreational and medical cannabis, recreational and medical marijuana, cannabis derivative products, cannabis infused products including food, beverages, skin care products, pharmaceutical products, natural health products, and accessories, including pipes, rolling papers, water pipes, grinders, vaporizers, scales, bongs, bowls, hookah, blunts, roach clips, lighters, torches, ashtrays; Operation of a website providing information on research related to medical marijuana and medical cannabis; Development, management and operation of businesses including advisory services in the healthcare industry, the medical marijuana and cannabis industry, the marijuana and cannabis industry and high-technology industry; operation of a website providing consumer information featuring the ratings, reviews and recommendations on recreational cannabis, medical marijuana and medical cannabis products and cannabis infused, related and derivative products; operation of a website providing consumer information regarding indications and effects of particular cannabis strain; advice and information concerning commercial business management; business management supervision; business planningClass 035 for Operation of a website providing information on research related to medical marijuana and medical cannabis; operation of a website providing consumer information featuring the ratings, reviews and recommendations on recreational cannabis, medical marijuana and medical cannabis products and cannabis infused, related and derivative products; operation of a website providing consumer information regarding indications and effects of particular cannabis strain; advice and information concerning commercial business management; business management supervision; business planning
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:

Current:
Class 041 for Educational services and patient educational services, including, audio, visual and print materials, seminars, workshops, classes, training sessions, computer applications and community events in various fields including healthcare, cannabis, medical marijuana, medical cannabis, cannabis strains, pharmaceutical products, natural health products, skincare products and therapeutic skincare products, case studies and patient information
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Educational services and patient educational services, including, audio, visual and print materials, seminars, workshops, classes, training sessions, computer applications and community events in various fields including healthcare, cannabis, medical marijuana, medical cannabis, cannabis strains, pharmaceutical products, natural health products, skincare products and therapeutic skincare products, case studies and patient information; Educational services and patient educational services, namely, non-downloadable audio and visual materials, seminars, workshops, classes, training sessions, computer applications and community events in various fields, namely healthcare, cannabis, medical marijuana, medical cannabis, cannabis strains, pharmaceutical products, natural health products, skincare products and therapeutic skincare products, case studies and patient informationClass 041 for Educational services and patient educational services, namely, non-downloadable audio and visual materials, seminars, workshops, classes, training sessions, computer applications and community events in various fields, namely healthcare, cannabis, medical marijuana, medical cannabis, cannabis strains, pharmaceutical products, natural health products, skincare products and therapeutic skincare products, case studies and patient information
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:

Current:
Class 044 for Operation of a medical and recreational cannabis dispensary; Operation of a website providing information on medical marijuana and medical cannabis, their related strains, cannabis infused products, related products and derivative products; operation of a website providing information on research related to medical marijuana and medical cannabis; operation of a website providing information featuring the ratings, reviews and recommendations on recreational cannabis, medical marijuana and medical cannabis products and cannabis infused, related and derivative products; operation of a website providing information regarding indications and effects of particular cannabis strain; Providing online directory information services relating to, among other things, medical cannabis, medical marijuana and related, infused and derivative products; Consulting services including in the fields of medical use of marijuana, cannabis and their derivatives and infused products; Scientific research and development in the field of medical marijuana, medical cannabis, marijuana, cannabis, their related products and derivatives for the development of therapeutics, and to target specific symptoms, diseases, illnesses and disorders; Membership services and customer and patient loyalty services; Cultivating, breeding, growing, production, processing, distribution and development of marijuana and cannabis; import and export of marijuana and cannabis and their related and derivative products to Government approved sources in other countries
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Operation of a medical and recreational cannabis dispensary; Operation of a website providing information on medical marijuana and medical cannabis, their related strains, cannabis infused products, related products and derivative products; operation of a website providing information on research related to medical marijuana and medical cannabis; operation of a website providing wellness information regarding indications and effects of particular cannabis strain; operation of a website providing information featuring the ratings, reviews and recommendations on recreational cannabis, medical marijuana and medical cannabis products and cannabis infused, related and derivative products; Health consulting services in the fields of medical use of marijuana, cannabis and their derivatives and infused products; operation of a website providing information regarding indications and effects of particular cannabis strain; Providing online directory information services relating to, among other things, medical cannabis, medical marijuana and related, infused and derivative products; Consulting services including in the fields of medical use of marijuana, cannabis and their derivatives and infused products; Scientific research and development in the field of medical marijuana, medical cannabis, marijuana, cannabis, their related products and derivatives for the development of therapeutics, and to target specific symptoms, diseases, illnesses and disorders; Membership services and customer and patient loyalty services; Cultivating, breeding, growing, production, processing, distribution and development of marijuana and cannabis; import and export of marijuana and cannabis and their related and derivative products to Government approved sources in other countriesClass 044 for Operation of a website providing information on medical marijuana and medical cannabis, their related strains, cannabis infused products, related products and derivative products; operation of a website providing information on research related to medical marijuana and medical cannabis; operation of a website providing wellness information regarding indications and effects of particular cannabis strain; Health consulting services in the fields of medical use of marijuana, cannabis and their derivatives and infused products
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1935643 filed 12/12/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Canopy Growth Corporation, a corporation of Canada, having an address of
      1 Hershey Drive
      Smith Falls, K7A0A8
      Canada

Proposed: Canopy Growth Corporation, a corporation of Canada, having an address of
      1 Hershey Drive
      Smith Falls, K7A0A8
      Canada
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Respond to Request for Information Questions: 1. Do or will the identified goods or retailed goods include any oils, extracts, ingredients or derivatives from the plant Cannabis sativa L (also known as cannabis, marijuana or hemp)? YES. 2. If the answer to Question 1 is "yes," does the hemp used or to be used in Canopy Growth's goods contain more than 0.3 percent delta-9 THC on a dry weight basis? NO. 3. If Canopy Growth has any documentation relative to the THC content of the oils, extracts or derivatives used or to be used in the goods, this information be submitted with the response. See attached documentation. 4.If Canopy Growth's goods or retailed goods do or will contain oils, extracts, ingredients or derivatives from the plant Cannabis sativa L which has more than 0.3 percent delta-9 THC on a dry weight basis, identify the part or parts of the plant used in obtaining the oils, extracts, ingredients or derivatives. N/A 5. Do or will the goods or retailed goods include cannabidiol (CBD)? YES. 6. If so, will there be more than a trace amount of CBD in the goods, e.g., more than 50 parts per million (PPM)? YES. 7. Do or will Canopy Growth's identified goods include CBD which is derived from, oils, extracts or ingredients from plants other than Cannabis sativa L? NO. There is no CBD from any source other than hemp plants (Cannabis Sativa L.) in any of the First & Free products. 8. Do or will Canopy Growth's online information services include providing ways to purchase cannabis products, or links to sites which sell cannabis products? NO. 9. Is Canopy Growth's mark a varietal indicator for any of Canopy Growth's goods? NO. 10. Does Canopy Growth intend to sell meadow fescue, otherwise known as Festuca Pratensis, or other types of perennial grass species, their seeds, or byproducts? NO. Applicant is concurrently filing a Request to Divide for various goods in Class 5.

Original PDF file:
mis-661295197-20200226122 142315870_._A100231119_-_ 30_mL_Oil_Drops.pdf
Converted PDF file(s) ( 2 pages) Miscellaneous File1Miscellaneous File2
Original PDF file:
mis-661295197-20200226122 142315870_._A100241119_-_ 30_mL_Peppermint_Oil_Drop s.pdf
Converted PDF file(s) ( 2 pages) Miscellaneous File1Miscellaneous File2

The owner's/holder's current attorney information: Christine Lebron-Dykeman. Christine Lebron-Dykeman of MCKEE, VOORHEES & SEASE, PLC, is located at

      801 GRAND AVENUE, SUITE 3200
      DES MOINES, Iowa 50309-2721
      United States
The docket/reference number is T58715US00.
      The phone number is 515-288-3667.
      The fax number is 515-288-1338.
      The email address is patatty@ipmvs.com

The owner's/holder's proposed attorney information: Christine Lebron-Dykeman. Other appointed attorneys are Bruce W. McKee, Edmund J. Sease, Glenn Johnson, Mark D. Hansing, Kirk M. Hartung, Patricia A. Sweeney, Heidi S. Nebel, Michael C. Gilchrist, Cassandra J. Edgar, Jill N. Link, Luke T. Mohrhauser, Jonathan L. Kennedy, Brandon W. Clark, Nicholas J. Krob, Sarah M. Luth, Gregory Lars Gunnerson, Oliver P. Couture, Tina G. Yin Sowatzke, Julie L. Spieker. Christine Lebron-Dykeman of MCKEE, VOORHEES & SEASE, PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      801 GRAND AVENUE, SUITE 3200
      DES MOINES, Iowa 50309-2721
      United States
The docket/reference number is T58715US00.
      The phone number is 515-288-3667.
      The fax number is 515-288-1338.
      The email address is patatty@ipmvs.com

Christine Lebron-Dykeman 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):
      CHRISTINE LEBRON-DYKEMAN
      PRIMARY EMAIL FOR CORRESPONDENCE: patatty@ipmvs.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is T58715US00.
Correspondence Information (proposed):
      Christine Lebron-Dykeman
      PRIMARY EMAIL FOR CORRESPONDENCE: patatty@ipmvs.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is T58715US00.

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: /christine lebron-dykeman/     Date: 02/26/2020
Signatory's Name: Christine Lebron-Dykeman
Signatory's Position: Attorney of record, Iowa bar member

Signatory's Phone Number: 515-288-3667

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:    CHRISTINE LEBRON-DYKEMAN
   MCKEE, VOORHEES & SEASE, PLC
   
   801 GRAND AVENUE, SUITE 3200
   DES MOINES, Iowa 50309-2721
Mailing Address:    Christine Lebron-Dykeman
   MCKEE, VOORHEES & SEASE, PLC
   801 GRAND AVENUE, SUITE 3200
   DES MOINES, Iowa 50309-2721
        
Serial Number: 88237642
Internet Transmission Date: Wed Feb 26 16:37:01 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200226163701857
135-88237642-71060183d4306fb061942aaeb69
521c724c4ac8a7036c253be5c557f16aafa74-N/
A-N/A-20200226163555455643