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. 88287363 CLIR (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8828736 3/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 003 for After sun creams; After-sun oils; Baby oils; Bath bombs; Bath herbs; Bath oils; Bath oils for cosmetic purposes; Bathing lotions; Beauty creams; Body cream; Body lotion; Body lotions; Body oil; Body oils; Bubble bath; Cosmetic creams; Cosmetic oils; Cosmetic preparations for body care; Cosmetic sun oils; Essential oils for aromatherapy use; Essential oils for flavoring beverages; Essential oils for household use; Essential oils for derived from hemp, marijuana or cannabis for personal use; Essential vegetable oils; Facial cream; Facial lotion; Facial washes; Flavorings for beverages being essential oils; Foam bath; Food flavoring, being essential oils; Fragranced facial moisturizer; Hand cream; Lip balm; Lip cream; Lotions for cosmetic purposes; Massage oil; Massage oils; Massage waxes; Moisturizing creams; Moisturizing solutions for the skin; Natural essential oils; Non-medicated cleansers, namely, skin and facial cleaners derived from hemp, marijuana or cannabis; Non-medicated liquid soap; Non-medicated skin creams; Oils for toiletry purposes; Perfumed creams; Skin cleansers; Skin cream; Skin creams; Skin moisturizer; Terpenes being essential oils; face, body, and hand containing hemp, marijuana or cannabis extracts moisturizers

Applicant hereby deletes the following class of goods/services from the application.
Class 005 for Balms for pharmaceutical purposes; Biological preparations for the treatment of cancer; Chewing gum for medical purposes; Dietary and nutritional supplements; Dietary and nutritional supplements for endurance sports; Dietary supplements for animals; Dietary supplements for human consumption; Flavonoids for use as a dietary supplement; Gels, creams and solutions for dermatological use; Gummy vitamins; Liquid herbal supplements; Medicated balms for treatment of skin; Medicated confectionery; Medicated cosmetics; Medicated lip balm; Medicated shampoos; Medicinal creams for skin care; Medicinal drinks; Medicinal herb extracts; Nausea treatment preparations; Pharmaceutical preparations for treating allergies; Pharmaceutical preparations for treating hypertension; Pharmaceutical products for skin care for animals; Pharmaceutical skin lotions; Preparation for the relief of pain

Applicant hereby deletes the following class of goods/services from the application.
Class 016 for Printed instructional, educational, and teaching materials in the field of Medical and non-medical marijuana and cannabis; Printed matter, namely, paper signs, books, manuals, curricula, newsletters, informational cards and brochures in the field of Medical and non-medical marijuana and cannabis; Printed news releases in the field of Medical and non-medical marijuana and cannabis; Printed reports featuring Medical and non-medical marijuana and cannabis

Applicant hereby deletes the following class of goods/services from the application.
Class 032 for Concentrates used in the preparation of soft drinks; Energy drinks; Fruit drinks; Fruit drinks and fruit juices; Fruit flavored soft drinks; Fruit juice, namely, hemp, marijuana or cannabis infused juice; Fruit punch; Juice base concentrates; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages flavored with coffee; Non-alcoholic beverages flavoured with coffee; Non-alcoholic beverages flavoured with tea; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic fruit juice beverages; Pop; Soft drinks, namely, those containing hemp, marijuana or cannabis extracts; Sports drinks; Vegetable juices

Applicant proposes to amend the following:

Current:
Class 034 for Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette lanyards; Electronic cigarette refill cartridges sold empty; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic smoking pipes; Herbs for smoking; Oral vaporizers for smokers; Oral vaporizers for smoking purposes; Smokeless cigar vaporizer pipes; Tobacco substitutes not for medical purposes
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: Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette lanyards; Electronic cigarette refill cartridges sold empty; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic smoking pipes; Herbs for smoking; Oral vaporizers for smokers; Oral vaporizers for smoking purposes; Smokeless cigar vaporizer pipes; Tobacco substitutes not for medical purposesClass 034 for Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette lanyards; Electronic cigarette refill cartridges sold empty; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic smoking pipes; Oral vaporizers for smokers; Oral vaporizers for smoking purposes; Smokeless cigar vaporizer pipes;
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
"CLIR" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) "CLIR" has no meaning in a foreign language.


Miscellaneous Statement
1. Do or will applicant's identified goods include any oils, extracts, ingredients or derivatives from the plant Cannabis sativa L (also known as cannabis, marijuana or hemp)? NO. 2. If the answer to Question 1 is "yes," does the hemp used or to be used in applicant's goods contain more than 0.3 percent delta-9 tetrahydrocannabinol (THC) on a dry weight basis? N/A 3. If applicant has any documentation relative to the THC content of the oils, extracts or derivatives used or to be used in the goods, please submit them with the response. N/A 4. If applicant's 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 tetrahydrocannabinol 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. If the "hemp" is grown in the United States of America, was the hemp used in the goods obtained from an authorized grower or supplier of industrial hemp from a hemp growing pilot program set up under the 2014 Farm Bill? N/A 6. Do the applicant's goods contain "naturally occurring trace amounts" of CBD and/or hemp? NO 7. Does the applicant's goods feature hemp which is obtained from the mature stalks and sterilized seeds? NO 8. Do or will applicant's identified goods include CBD which is derived from, oils, extracts or ingredients from plants other than Cannabis sativa L? NO 9. Upon information and belief, do applicant's goods comply with the Controlled Substances Act? YES 10. Upon information and belief, do applicant's goods comply with the Federal Food, Drug and Cosmetic Act? YES 11. Is the applicant seeking FDA approval for its goods? N/A

Correspondence Information (current):
      HEATHER M DENT
      PRIMARY EMAIL FOR CORRESPONDENCE: DOCKET@TRADEMARKLAWYERFIRM.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): HEATHER@TRADEMARKLAWYERFIRM.COM
Correspondence Information (proposed):
      HEATHER M DENT
      PRIMARY EMAIL FOR CORRESPONDENCE: DOCKET@TRADEMARKLAWYERFIRM.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): HEATHER@TRADEMARKLAWYERFIRM.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)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Rahmtin Faridian/      Date: 03/17/2020
Signatory's Name: Rahmtin Faridian
Signatory's Position: Director
Signatory's Phone Number: 7789969252


Response Signature
Signature: /Heather Dent/     Date: 03/17/2020
Signatory's Name: Heather Dent
Signatory's Position: Attorney of record, State Bar of Michigan

Signatory's Phone Number: 800-529-2218

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:    HEATHER M DENT
   TRADEMARK LAWYER LAW FIRM, PLLC
   PO BOX 512
   P.O. BOX 512
   ANN ARBOR, Michigan 48106
Mailing Address:    HEATHER M DENT
   TRADEMARK LAWYER LAW FIRM, PLLC
   PO BOX 512
   P.O. BOX 512
   ANN ARBOR, Michigan 48106
        
Serial Number: 88287363
Internet Transmission Date: Tue Mar 17 12:17:55 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200317121755703810-88287363-71
0745b4bbc87df45802d5bed76986c873a549e201
a677c69fa172fc49327cec2-N/A-N/A-20200317
113840483141