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. 88312484 VITALITY(Standard Characters, see http://uspto.report/TM/88312484/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 005 for Dietary and nutritional supplements

Applicant proposes to amend the following:

Current:
Class 041 for Educational and entertainment services, namely, providing a website featuring information about cannabis, cannabis dispensaries, products containing cannabis and current events relating to cannabis
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: Educational and entertainment services, namely, providing a website featuring information about cannabis, cannabis dispensaries, products containing cannabis and current events relating to cannabis; Educational and entertainment services, namely, providing a website featuring current events news and entertainment information about cannabis, cannabis dispensaries and products containing cannabisClass 041 for Educational and entertainment services, namely, providing a website featuring current events news and entertainment information about cannabis, cannabis dispensaries and products containing cannabis
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: Sunderstorm, LLC, a limited liability company legally organized under the laws of Delaware, having an address of

            1146 N. Central Avenue      #352
      Glendale, California 91202
      United States

Proposed: Sunderstorm, Inc., a corporation of Delaware, having an address of
      1146 N. Central Avenue
      #352
      Glendale, California 91202
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant refers the examiner to the amendment filed on July 2, 2019 correcting the error in the applicant's name from Sunderstorm, LLC to Sunderstorm, Inc. As explained therein, when Applicant filed the application, it input its former name Sunderstorm, LLC. Sunderstorm, LLC did not exist at the time of the application because, prior to filing the application, Applicant changed its name to Sunderstorm, Inc. Pursuant to TMEP Section 1201.02(c), this error is correctable as both a change of name and an identification of a non-existent entity.


The owner's/holder's current attorney information: Michael Chiappetta. Michael Chiappetta of STEFFIN AZOD LLP, is located at

      1 ROCKEFELLER PLAZA, 10TH FLOOR
      NEW YORK, New York 10111
      United States
      The phone number is 201-936-4901.
      The email address is mike@usaiplaw.com

The owner's/holder's proposed attorney information: Michael Chiappetta. Michael Chiappetta of STEFFIN AZOD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1 ROCKEFELLER PLAZA, 10TH FLOOR
      NEW YORK, New York 10111
      United States
      The phone number is 201-936-4901.
      The email address is mike@usaiplaw.com

Michael Chiappetta 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):
      MICHAEL CHIAPPETTA
      PRIMARY EMAIL FOR CORRESPONDENCE: mike@usaiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): armin.azod@usaiplaw.com
Correspondence Information (proposed):
      Michael Chiappetta
      PRIMARY EMAIL FOR CORRESPONDENCE: mike@usaiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): armin.azod@usaiplaw.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)
Response Signature
Signature: /Michael Chiappetta/     Date: 03/24/2020
Signatory's Name: Michael Chiappetta
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 2019364901

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:    MICHAEL CHIAPPETTA
   STEFFIN AZOD LLP
   
   1 ROCKEFELLER PLAZA, 10TH FLOOR
   NEW YORK, New York 10111
Mailing Address:    Michael Chiappetta
   STEFFIN AZOD LLP
   1 ROCKEFELLER PLAZA, 10TH FLOOR
   NEW YORK, New York 10111
        
Serial Number: 88312484
Internet Transmission Date: Tue Mar 24 13:36:32 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20200324133632556
190-88312484-710bbd9cccbadab2ecf29763292
11b77f44778ce5999ca77837553187fec727035-
N/A-N/A-20200324132709027998