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. 88297622 ISOQ(Standard Characters, see http://uspto.report/TM/88297622/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Dietary and nutritional supplements
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: Dietary and nutritional supplements; Dietary and nutritional supplements containing cannabidiol (CBD) derived solely from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basisClass 005 for Dietary and nutritional supplements containing cannabidiol (CBD) derived solely from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
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: THIRD PARTY VALIDATION & VERIFICATION LLC, DBA ELLIPSE ANALYTICS, a limited liability company legally organized under the laws of Colorado, having an address of
      7000 BROADWAY, SUITE 307
      DENVER, Colorado 80221
      United States

Proposed: THIRD PARTY VALIDATION & VERIFICATION LLC, DBA ELLIPSE ANALYTICS, a limited liability company legally organized under the laws of Colorado, having an address of
      7000 BROADWAY, SUITE 307
      DENVER, Colorado 80221
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examiner has requested additional information about the nature of the goods. 1.Do or will the goods include cannabidiol (CBD)? Yes 2.If so, will there be more than a trace amount of CBD in the goods, e.g., more than 50 parts per million (PPM)? Yes 3.Do or will applicant's identified goods include CBD which is derived from, oils, extracts or ingredients from plants other than /Cannabis sativa/ L (also known as hemp, marijuana or cannabis)? No 4.Is applicant currently seeking FDA approval of the marketing of its goods identified in the application? If the answer is "yes," please provide a copy of such application. No 5.If the goods contain CBD, is the CBD added to goods in the form of a purified extract or isolate? Yes 6. Upon information and belief, do applicant's goods comply with the Federal Food, Drug and Cosmetic Act (FDCA)? Applicant is awaiting revision to the FDA regulations prior to marketing goods containing CBD derived from hemp and intended for human consumption.


The owner's/holder's current attorney information: Clinton J. Cusick. Clinton J. Cusick of CUSICK IP, PLLC, is located at

      716 N. BETHLEHEM PIKE, SUITE 302
      AMBLER, Pennsylvania 19002-2656
      United States
The docket/reference number is 2234-102.5.
      The phone number is 215-853-8255.
      The fax number is 215-647-4884.
      The email address is ccusick@cusickip.com

The owner's/holder's proposed attorney information: Clinton J. Cusick. Clinton J. Cusick of CUSICK IP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      716 N. BETHLEHEM PIKE, SUITE 302
      AMBLER, Pennsylvania 19002-2656
      United States
The docket/reference number is 2234-102.5.
      The phone number is 215-853-8255.
      The fax number is 215-647-4884.
      The email address is ccusick@cusickip.com

Clinton J. Cusick 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):
      CLINTON J. CUSICK
      PRIMARY EMAIL FOR CORRESPONDENCE: ccusick@cusickip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 2234-102.5.
Correspondence Information (proposed):
      Clinton J. Cusick
      PRIMARY EMAIL FOR CORRESPONDENCE: ccusick@cusickip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 2234-102.5.

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: /43573/     Date: 03/19/2020
Signatory's Name: Cusick, Clinton J
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.

Mailing Address:    CLINTON J. CUSICK
   CUSICK IP, PLLC
   
   716 N. BETHLEHEM PIKE, SUITE 302
   AMBLER, Pennsylvania 19002-2656
Mailing Address:    Clinton J. Cusick
   CUSICK IP, PLLC
   716 N. BETHLEHEM PIKE, SUITE 302
   AMBLER, Pennsylvania 19002-2656
        
Serial Number: 88297622
Internet Transmission Date: Thu Mar 19 14:55:53 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200319145553772393-88297622-
71042755f1ac513e452f4e3677229e1cd1d99110
a24ee12cd57345a2200256dc2-N/A-N/A-202003
19144836842311