TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88273573

Filing Date: 01/23/2019

To the Commissioner for Trademarks:

MARK: Canopy Growth Corporation (stylized and/or with design, see mark)

The literal element of the mark consists of Canopy Growth Corporation.
The applicant is not claiming color as a feature of the mark. The mark consists of trees or bushes with the name "Canopy Growth" in the middle of them separated by horizontal lines or bands and the word "Corporation" beneath.
The applicant, Canopy Growth Corporation, a corporation of Canada, having an address of
      1 Hershey Drive
      Smith Falls, Ontario K7AOA8
      Canada
      XXXX (not authorized)

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 035:  Sales and online sales of medicinal cannabis and marijuana and cannabis, and derivatives thereof; Sales and online sales of consumable products and accessories, namely, pipes, cigarette rolling papers, water pipes, grinders, vaporizers and scales; Development, management and operation of businesses namely advisory services for business management in in the healthcare industry, the medicinal marijuana industry, the cannabis industry and high-technology industry; advice and information concerning commercial business management; business management supervision; business planning
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1911353, filed 07/25/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 036:  Financial investment in companies in the healthcare industry, the medicinal marijuana industry, the cannabis industry and high-technology industry; distribution of dividends, profits, capital gains, cash and securities from businesses in the healthcare industry, the medicinal marijuana industry, the cannabis industry and high-technology industry, namely capital investments
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1911353, filed 07/25/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 041:  Educational services and patient educational services, namely, audio, visual and print materials, seminars, workshops, classes and training sessions all in the field of medicinal marijuana and cannabis
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1911353, filed 07/25/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The applicant's current Attorney Information:
      Mark N. Mutterperl of Zeisler PLLC
      Suite 2800
      800 Third Avenue
      New York, New York 10022
      United States
      917-410-7941(phone)
      Mark@Zeisler-law.com (authorized)

The applicant's current Correspondence Information:

Mark N. Mutterperl

Zeisler PLLC

Suite 2800       800 Third Avenue

New York, New York 10022

917-410-7941(phone)

Mark@Zeisler-law.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Mark N. Mutterperl/   Date: 01/23/2019
Signatory's Name: Mark N. Mutterperl
Signatory's Position: Attorney of Record, New York bar member
Payment Sale Number: 88273573
Payment Accounting Date: 01/24/2019

Serial Number: 88273573
Internet Transmission Date: Wed Jan 23 18:04:18 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20190123180418663
625-88273573-620d461f5e96414737027a8a7aa
3b7b3da3b43c1c42aea09d54174c38baeb29b1-C
C-5085-20190123173654066281