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. 88244601 GREEN SOUL(Standard Characters, see http://uspto.report/TM/88244601/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence has been attached: Brief in support of registration and attached FDA website offering supporting conclusions of law from the FDA
Original PDF file:
evi_9968243216-2020022813 4329974548_._ROA_1.pdf
Converted PDF file(s) ( 15 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15
Original PDF file:
evi_9968243216-2020022813 4329974548_._Exhibit_A.pdf
Converted PDF file(s) ( 30 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Shampoo; Conditioner; Scalp Treatment Products; Hair Oil; Hair Styling Products; Facial Cleansers; Facial Moisturizers; Facial Treatments, such as Serums And Spot Treatments; Acne Relief Creams And Mask; Night Cream; Facial Masks; Anti-Inflammation Skin Treatments; Sore Muscle Relief; Sore Muscle Bath Soak; Relaxing Bath Soak; Massage Oil; Moisturizing Oil; Body Moisturizer - Creams And Lotions; Sore Foot Relief; Arthritis Relief Cream Or Ointment; Essential Oil Blends For Aromatherapy; all of the foregoing being derived from natural ingredients including legal hemp and not including any controlled substances; and, Shampoo; Conditioner; Scalp Treatment Products; Hair Oil; Hair Styling Products; Facial Cleansers; Facial Moisturizers; Facial Treatments, such as Serums And Spot Treatments; Acne Relief Creams And Mask; Night Cream; Facial Masks; Anti-Inflammation Skin Treatments; Sore Muscle Relief; Sore Muscle Bath Soak; Relaxing Bath Soak; Massage Oil; Moisturizing Oil; Body Moisturizer - Creams And Lotions; Sore Foot Relief; Arthritis Relief Cream Or Ointment; Essential Oil Blends For Aromatherapy, all of the foregoing not including hemp-based ingredients nor any controlled substances
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: Shampoo; Conditioner; hair conditioner; Scalp Treatment Products; non-medicated scalp treatment products, namely, non-medicated scalp treatment cream; hair oil; Hair Styling Products; hair styling preparations; facial cleansers; facial moisturizers; Facial Treatments, such as Serums And Spot Treatments; non-medicated facial treatments, namely, skin serums; Acne Relief Creams And Mask; night cream; facial masks; relaxing non-medicated body soak for the bath; Anti-Inflammation Skin Treatments; massage oil; Sore Muscle Relief; moisturizing body oil; Sore Muscle Bath Soak; body moisturizer in the nature of creams and lotions; Relaxing Bath Soak; essential oils for aromatherapy; epsom-salt based score muscle bath soak; Moisturizing Oil; epsom-salt based cream for sore foot relief; Body Moisturizer - Creams And Lotions; all of the foregoing containing cannabis derived solely from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; Sore Foot Relief; and then, all of the following goods not including hemp-based ingredients nor any controlled substances; Arthritis Relief Cream Or Ointment; Shampoo; Essential Oil Blends For Aromatherapy; hair conditioner; all of the foregoing being derived from natural ingredients including legal hemp and not including any controlled substances; non-medicated scalp treatment products, namely, non-medicated scalp treatment cream; and, Shampoo; hair oil; Conditioner; hair styling preparations; Scalp Treatment Products; facial cleansers; facial moisturizers; Hair Styling Products; non-medicated facial treatments, namely, skin serums; night cream; facial masks; Facial Treatments, such as Serums And Spot Treatments; relaxing non-medicated body soak for the bath; Acne Relief Creams And Mask; massage oil; moisturizing body oil; body moisturizer in the nature of creams and lotions; Anti-Inflammation Skin Treatments; essential oils for aromatherapy; Sore Muscle Relief; epsom-salt based score muscle bath soak; Sore Muscle Bath Soak; epsom-salt based cream for sore foot relief; Relaxing Bath Soak; Moisturizing Oil; Body Moisturizer - Creams And Lotions; Sore Foot Relief; Arthritis Relief Cream Or Ointment; Essential Oil Blends For Aromatherapy, all of the foregoing not including hemp-based ingredients nor any controlled substancesClass 003 for Shampoo; hair conditioner; non-medicated scalp treatment products, namely, non-medicated scalp treatment cream; hair oil; hair styling preparations; facial cleansers; facial moisturizers; non-medicated facial treatments, namely, skin serums; night cream; facial masks; relaxing non-medicated body soak for the bath; massage oil; moisturizing body oil; body moisturizer in the nature of creams and lotions; essential oils for aromatherapy; epsom-salt based score muscle bath soak; epsom-salt based cream for sore foot relief; all of the foregoing containing cannabis derived solely from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; and then, all of the following goods not including hemp-based ingredients nor any controlled substances; Shampoo; hair conditioner; non-medicated scalp treatment products, namely, non-medicated scalp treatment cream; hair oil; hair styling preparations; facial cleansers; facial moisturizers; non-medicated facial treatments, namely, skin serums; night cream; facial masks; relaxing non-medicated body soak for the bath; massage oil; moisturizing body oil; body moisturizer in the nature of creams and lotions; essential oils for aromatherapy; epsom-salt based score muscle bath soak; epsom-salt based cream for sore foot relief
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: International Products Group, LLC, a limited liability company legally organized under the laws of Utah, having an address of

            Suite 420      406 W. South Jordan Parkway
      South Jordan, Utah 84095
      United States

Proposed: International Products Group, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      Suite 420
      406 W. South Jordan Parkway
      South Jordan, Utah 84095
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Nathan Gugliotta, Esq.. Nathan Gugliotta, Esq. of LAW OFFICES OF JOHN D. GUGLIOTTA, P.E., ESQ., LPA, is located at

      P.O. BOX 506
      RICHFIELD, Ohio 44286
      United States
The docket/reference number is GO-3887.
      The phone number is 330-331-9455.
      The email address is trademarks@inventorshelp.com

The owner's/holder's proposed attorney information: Nathan Gugliotta, Esq.. Other appointed attorneys are John D. Gugliotta, P.E., Esq.. Nathan Gugliotta, Esq. of Gugliotta & Gugliotta, LPA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. BOX 506
      RICHFIELD, Ohio 44286
      United States
The docket/reference number is GO-3887.
      The phone number is 330-331-9455.
      The email address is trademarks@inventorshelp.com

Nathan Gugliotta, Esq. 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):
      NATHAN GUGLIOTTA, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@inventorshelp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is GO-3887.
Correspondence Information (proposed):
      Nathan Gugliotta, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@inventorshelp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is GO-3887.

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: /NJG/     Date: 02/28/2020
Signatory's Name: Nathan Gugliotta, Esq.
Signatory's Position: Attorney of Record, Ohio Bar Member

Signatory's Phone Number: 3303319455

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:    NATHAN GUGLIOTTA, ESQ.
   LAW OFFICES OF JOHN D. GUGLIOTTA, P.E., ESQ., LPA
   
   P.O. BOX 506
   RICHFIELD, Ohio 44286
Mailing Address:    Nathan Gugliotta, Esq.
   Gugliotta & Gugliotta, LPA
   P.O. BOX 506
   RICHFIELD, Ohio 44286
        
Serial Number: 88244601
Internet Transmission Date: Fri Feb 28 13:49:12 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020022813491257
7796-88244601-71013236e6730593efc69fef86
142ab6458d8394244dfd84006a1b16d923c3ede-
N/A-N/A-20200228134329974548