To: | BLUE, JOHN D. (johndblue@yahoo.com) |
Subject: | U.S. Trademark Application Serial No. 88250842 - CANNAWATER - N/A - Request for Reconsideration Denied - No Appeal Filed |
Sent: | July 17, 2020 12:28:38 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88250842
Mark: CANNAWATER
|
|
Correspondence Address: |
|
Applicant: BLUE, JOHN D.
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
REQUEST FOR RECONSIDERATION
AFTER FINAL ACTION
DENIED
Issue date: July 17, 2020
The goods in question are bottled drinking water containing CBD as an ingredient. Recently in a precedential decision, the Trademark Trial and Appeal Board held that it is unlawful to use CBD for supplements and foods/beverages based on the Food Drug and Cosmetic Act. Therefore, given the goods are bottled drinking water containing CBD the request for reconsideration is denied. See: In re Stanley Brothers Social Enterprises, LLC, 2020 U.S.P.Q.2d 10658 (TTAB 2020).
Accordingly, the following refusal made final in the Office action dated March 10, 2020 is maintained and continued:
• FDCA Refusal - Not in Lawful Use in Commerce
See TMEP §§715.03(a)(ii)(B), 715.04(a).
If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board. TMEP §715.03(a)(ii)(B). Filing a request for reconsideration does not stay or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §715.03(c).
/Mark T. Mullen/
Trademark Attorney
U.S. Patent and Trademark Office
Law Office 111
(571) 272-9201
mark.mullen@uspto.gov (informal inquiries only)