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. 88314537 ACTIVE(Standard Characters, see http://uspto.report/TM/88314537/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_2603300be06750061d02d 539a146342-20200323164843 026553_._Office_Action_Re sponse_-_ACTIVE.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Non-medicated herbal body care products, namely, body oils, salves, and lip balms
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/31/2015 and first used in commerce at least as early as 07/31/2015 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Non-medicated herbal body care products, namely, body oils, salves, and lip balms; Non-medicated herbal body care products, namely, body oils, slaves, and lip balms containing hemp plant extract derived solely from the mature stalks and sterilized seeds of the hemp plant containing only naturally occurring CBD, all of the foregoing containing CBD with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.Class 003 for Non-medicated herbal body care products, namely, body oils, slaves, and lip balms containing hemp plant extract derived solely from the mature stalks and sterilized seeds of the hemp plant containing only naturally occurring CBD, all of the foregoing containing CBD with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/31/2015 and first used in commerce at least as early as 07/31/2015 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Discover Health, Inc., a corporation of Colorado, having an address of
      2255 Reliable Circle
      Colorado Springs, Colorado 80906
      United States

Proposed: Discover Health, Inc., a corporation of Colorado, having an address of
      2255 Reliable Circle
      Colorado Springs, Colorado 80906
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Peter C. Lemire. Peter C. Lemire of LEYENDECKER & LEMIRE, LLC, is located at

      SUITE 330
      5460 S. QUEBEC ST.
      GREENWOOD VILLAGE, Colorado 80111
      United States
The docket/reference number is DCBD-0-002.
      The phone number is 303-768-0123.
      The fax number is 303-672-9200.
      The email address is trademark@coloradoiplaw.com

The owner's/holder's proposed attorney information: Peter C. Lemire. Peter C. Lemire of LEYENDECKER & LEMIRE, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 330
      5460 S. QUEBEC ST.
      GREENWOOD VILLAGE, Colorado 80111
      United States
The docket/reference number is DCBD-0-002.
      The phone number is 303-768-0123.
      The fax number is 303-672-9200.
      The email address is trademark@coloradoiplaw.com

Peter C. Lemire 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):
      PETER C. LEMIRE
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@coloradoiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is DCBD-0-002.
Correspondence Information (proposed):
      Peter C. Lemire
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@coloradoiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is DCBD-0-002.

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: /Peter C. Lemire/     Date: 03/23/2020
Signatory's Name: Peter C. Lemire
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:    PETER C. LEMIRE
   LEYENDECKER & LEMIRE, LLC
   SUITE 330
   5460 S. QUEBEC ST.
   GREENWOOD VILLAGE, Colorado 80111
Mailing Address:    Peter C. Lemire
   LEYENDECKER & LEMIRE, LLC
   SUITE 330
   5460 S. QUEBEC ST.
   GREENWOOD VILLAGE, Colorado 80111
        
Serial Number: 88314537
Internet Transmission Date: Mon Mar 23 16:55:19 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200323165519761175-88314537-7
103e4ccae640babe55eb8ad8f9609792e2a756ba
8f2d1157556bd69f3e3bc785-N/A-N/A-2020032
3164843026553