TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88245193 HUMDINGER(Standard Characters, see http://uspto.report/TM/88245193/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_16224613875-202009241 42143107675_._HUMDINGER_R equest_for_Reconsideratio n.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 005 for Inhalant anesthetics; Transdermal patches featuring hemp extracts for anxiety, post-traumatic stress disorder (PTSD), appetite suppresant, cancer; Transdermal patches; Dietary supplements in the form of capsules, edible sheets, extracts, waxes, live resin, resin; Drug delivery agents in the form of capsules that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; Herbal extracts for medical purposes; Medicinal herb extracts; Medicinal preparations for the mouth to be applied in the form of drops, capsules, tablets and compressed tablets; Nutritional supplements in the form of oils, fats, herbs, dried plant, concentrates, waxes, edibles, capsule, dissolving sheets; Plant extracts for medical, veterinary and pharmaceutical purposes; Plant extracts for pharmaceutical purposes; all of the foregoing containing hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis

Applicant hereby deletes the following class of goods/services from the application.
Class 029 for Edible fats; Edible oil; Edible oils; Edible oils and fats, all of the foregoing containing hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis

Applicant proposes to amend the following:

Current:
Class 031 for Dried plants; Dried plants, namely, hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/31/2017 and first used in commerce at least as early as 12/20/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Dried plants; Dried plants excluding cannabis with a delta-9 tetrahydrocannabinol (THC) concentration of greater than 0.3 percent on a dry weight basis; Dried plants, namely, hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basisClass 031 for Dried plants excluding cannabis with a delta-9 tetrahydrocannabinol (THC) concentration of greater than 0.3 percent on a dry weight basis; Dried plants, namely, hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/31/2017 and first used in commerce at least as early as 12/20/2018 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Guardian Athletic LLC, a limited liability company legally organized under the laws of Nevada, having an address of
      30 N Gould St Ste R
      Sheridan, Wyoming 82081
      United States
      Email Address: XXXX
      619-851-3651
Proposed: Janetec Inc, a corporation of Nevada, having an address of
      848 N. Rainbow Blvd #17
      Las Vegas, Nevada 89107
      United States
      Email Address: XXXX
      

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

      15455 Dallas Parkway, Suite 600
      Addison, Texas 75001
      United States
      The phone number is 2142955074.
      The email address is cspencer@ritterspencer.com

The owner's/holder's proposed attorney information: Chelsie Spencer. Other appointed attorneys are Paul Stevenson. Chelsie Spencer of Ritter Spencer PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      15455 Dallas Parkway, Suite 600
      Addison, Texas 75001
      United States
      The phone number is 2142955074.
      The email address is cspencer@ritterspencer.com

Chelsie Spencer 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):
      Chelsie Spencer
      PRIMARY EMAIL FOR CORRESPONDENCE: cspencer@ritterspencer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pstevenson@ritterspencer.com
Correspondence Information (proposed):
      Chelsie Spencer
      PRIMARY EMAIL FOR CORRESPONDENCE: cspencer@ritterspencer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pstevenson@ritterspencer.com

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)
Request for Reconsideration Signature
Signature: /Chelsie Spencer/     Date: 09/24/2020
Signatory's Name: Spencer, Chelsie
Signatory's Position: Attorney of Record

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Chelsie Spencer
   
   
   15455 Dallas Parkway, Suite 600
   Addison, Texas 75001
Mailing Address:    Chelsie Spencer
   Ritter Spencer PLLC
   15455 Dallas Parkway, Suite 600
   Addison, Texas 75001
        
Serial Number: 88245193
Internet Transmission Date: Thu Sep 24 14:41:05 ET 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-202009241441057
77981-88245193-750b110ca673a63e8f3ac2d13
29cacc4c0629a4ebd5281ae0c444fcbc286ca1-N
/A-N/A-20200924142143107675