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. 88305085 THAIMED CBD CO(Standard Characters, see http://uspto.report/TM/88305085/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Non-medicated skin, hair, and body care preparations; Cosmetic preparations and creams for the face, skin and body
Original Filing 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.

Proposed:
Tracked Text Description: Non-medicated skin, hair, and body care preparations; Nutritional supplements; Cosmetic preparations and creams for the face, skin and body; Medicated skin, hair, and body care preparations; all of the aforementioned goods containing CBD derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basisClass 003 for Nutritional supplements; Medicated skin, hair, and body care preparations; all of the aforementioned goods containing CBD derived from cannabis with a delta-9 THC concentration of not more than 0.3% 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Nutritional supplements; Medicated skin, hair, and body care preparations
Original Filing 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.

Proposed:
Tracked Text Description: Nutritional supplements; Non-medicated skin, hair, and body care preparations; Medicated skin, hair, and body care preparations; Cosmetic preparations and creams for the face, skin, and body; all of the aforementioned goods containing CBD derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basisClass 005 for Non-medicated skin, hair, and body care preparations; Cosmetic preparations and creams for the face, skin, and body; all of the aforementioned goods containing CBD derived from cannabis with a delta-9 THC concentration of not more than 0.3% 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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use CBD CO apart from the mark as shown.


Miscellaneous Statement
"THAIMED" is a fanciful, arbitrary and meaningless word and does not refer to medicinal or any other products that originate in Thailand. The goods will not be manufactured, packaged, shipped from, sold in nor have any other connection with the geographic location THAILAND. The goods will be manufactured at CGMP, FDA approved manufacturing facilities in states where it is lawful to do so. The products will be manufactured, packaged, fulfilled, and shipped only to legal jurisdictions in States that allow such products. All products will comply 100% with Farm Bill requirements for limits on THC per above. Goods will be 100% Farm Bill compliant, sourced from Hemp and in accord with limits on THC content requirements referenced above, and offered for sale to consumers in pharmacies, drug stores, lawful dispensaries, and health food stores.


SIGNATURE(S)
Response Signature
Signature: /Sylvia Mulholland/     Date: 02/10/2020
Signatory's Name: Sylvia Mulholland
Signatory's Position: Attorney of Record, California Bar member

Signatory's Phone Number: 8444752952

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.

        
Serial Number: 88305085
Internet Transmission Date: Mon Feb 10 16:12:07 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020021016120789
8754-88305085-700fbb941adbddf888f4e4a7cf
149e337c40b37320f09ccd1128c9fb2cedaf83cb
-N/A-N/A-20200210155354607772