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. 88309458 CBD AIR(Standard Characters, see http://uspto.report/TM/88309458/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Argument submitted in response to Office Action and supporting documents describing Applicant's goods.
Original PDF file:
evi_6452178186-2020041203 3327257145_._88309458_202 00411_ROA_Argument.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_6452178186-2020041203 3327257145_._1-MikeSimpso n_StatementofUse.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_6452178186-2020041203 3327257145_._2-OMURA_Broc hure.pdf
Converted PDF file(s) ( 9 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9
Original PDF file:
evi_6452178186-2020041203 3327257145_._3-LIBERTINE_ ProductOverview.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 034 for Cigarette rolling machines; Cigarette rolling papers; Cigarette tubes; Cigarettes containing tobacco substitutes, not for medical purposes; Herbs for smoking; Smoker's articles, namely, filter tubes; Smokers' mouthpieces for electronic vaporizers and heaters; Smokers' oral vaporizer refill cartridges sold empty; Smokers' storage vaults for electronic vaporizers and heaters; Absorbent paper for tobacco pipes; Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette refill cartridges sold empty; Electronic cigarettes for use as an alternative to traditional cigarettes; Hand-held machines for injecting tobacco into cigarette tubes; Machines allowing smokers to make cigarettes by themselves; Oral vaporizers for smokers; Oral vaporizers for smoking purposes; Smokeless cigarette vaporizer pipe
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: Cigarette rolling machines; Cigarette rolling papers; Cigarette tubes; Cigarettes containing tobacco substitutes, not for medical purposes; Herbs for smoking; Smoker's articles, namely, filter tubes; Smokers' mouthpieces for electronic vaporizers and heaters; Smokers' oral vaporizer refill cartridges sold empty; Smokers' storage vaults for electronic vaporizers and heaters; Boxes for electronic cigarettes and electronic cigarette accessories; Absorbent paper for tobacco pipes; Electronic cigarette boxes; Electronic cigarette refill cartridges sold empty; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Oral vaporizers for smokers; Oral vaporizers for smoking purposes; Electronic cigarette cases; Smokeless cigarette vaporizer pipe; all of the foregoing containing or for use with products containing CBD derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.; Hand-held machines for injecting tobacco into cigarette tubes; Machines allowing smokers to make cigarettes by themselvesClass 034 for Cigarette rolling machines; Cigarette rolling papers; Cigarette tubes; Cigarettes containing tobacco substitutes, not for medical purposes; Herbs for smoking; Smoker's articles, namely, filter tubes; Smokers' mouthpieces for electronic vaporizers and heaters; Smokers' oral vaporizer refill cartridges sold empty; Boxes for electronic cigarettes and electronic cigarette accessories; Electronic cigarette boxes; Electronic cigarette refill cartridges sold empty; Electronic cigarettes for use as an alternative to traditional cigarettes; Oral vaporizers for smokers; Oral vaporizers for smoking purposes; Smokeless cigarette vaporizer pipe; all of the foregoing containing or for use with products containing CBD derived 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: Michael Lee Simpson, a citizen of United Kingdom, having an address of
      330 7th St.
      Santa Monica, California 90402
      United States

Proposed: Simpson, Michael Lee, a citizen of United Kingdom, having an address of
      330 7th St.
      Santa Monica, California 90402
      United States
      Email Address: XXXX

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


The owner's/holder's current attorney information: Benjamin P. Kuo. Benjamin P. Kuo of PATENTS BY BENASAUR, is located at

      PO BOX 660122
      ARCADIA, California 91066
      United States
The docket/reference number is DDINT-TP02.
      The phone number is 213-290-2586.
      The email address is bkuo@benasaur.com

The owner's/holder's proposed attorney information: Benjamin P. Kuo. Benjamin P. Kuo of PATENTS BY BENASAUR, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 660122
      ARCADIA, California 91066
      United States
The docket/reference number is DDINT-TP02.
      The phone number is 213-290-2586.
      The email address is bkuo@benasaur.com

Benjamin P. Kuo 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):
      BENJAMIN P. KUO
      PRIMARY EMAIL FOR CORRESPONDENCE: bkuo@benasaur.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bkuo.esq@gmail.com

The docket/reference number is DDINT-TP02.
Correspondence Information (proposed):
      Benjamin P. Kuo
      PRIMARY EMAIL FOR CORRESPONDENCE: bkuo@benasaur.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bkuo.esq@gmail.com

The docket/reference number is DDINT-TP02.

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: /Benjamin P. Kuo/     Date: 04/12/2020
Signatory's Name: Benjamin P. Kuo
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 213-290-2586

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:    BENJAMIN P. KUO
   PATENTS BY BENASAUR
   
   PO BOX 660122
   ARCADIA, California 91066
Mailing Address:    Benjamin P. Kuo
   PATENTS BY BENASAUR
   PO BOX 660122
   ARCADIA, California 91066
        
Serial Number: 88309458
Internet Transmission Date: Sun Apr 12 20:12:52 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020041220125285
3405-88309458-71020fcf1fd42feebb02548d01
ee84281336ba72a8d310a3a819d315b592bcb9b-
N/A-N/A-20200412200517047486