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. 88315125 CANNABIS ON DEMAND(Standard Characters, see http://uspto.report/TM/88315125/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Paraphernalia is defined as ?any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.? Applicant notes that on December 20, 2018, the CSA was amended to remove ?hemp? from the definition of marijuana and specifically exclude ?tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)? from Schedule I, 21 U.S.C. ?812(c)(17). To the extent the applicant?s goods are derived solely from cannabis plants that meet the current statutory definition of hemp, such goods may be lawful. In this case, the applicant does not provide equipment which is primarily intended for use or primarily designed for use in smoking cannabis. The electronic cigarettes that the applicant intends to sell are generic electronic cigarettes currently available on the market. The applicant intends to imprint the edgy trademark as a way of increasing the value of the otherwise generic electronic cigarettes. It would defeat the purpose of the marketing plan if the applicant could not sell generic electronic cigarettes purchased at a low price in bulk. The applicant seeks to market the electronic cigarettes and the T-shirts to promote marijuana legalization. Adding a political message, namely that the legislature should legalize marijuana now upon the demand of constituents is another marketing strategy that is designed to raise the price of the applicant's goods above the price of otherwise generic goods. The primary purpose of the trademark is as political speech. Political speech drastically increases the price of otherwise generic goods. For example, a MAGA hat on the official Donald Trump Make America Great Aagain website is $25. Walmart sells the same hat for $5.99. A generic red cap without the political message can be purchased in bulk is less than a dollar a unit. Because of these economic realities, the applicant has no intention to sell drug paraphernalia. Applicant amends the recitation of goods and services to the following suggested by the examiner: Electronic cigarettes; Oral vaporizers for smoking purposes; all the foregoing exclusively for use with cannabis products derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. Applicant response to the request for information as follows: 1. No 2. No 3. Yes

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 034 for Electronic cigarettes; Oral vaporizers for smoking purposes
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 12/01/2018 and first used in commerce at least as early as 12/31/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Electronic cigarettes; Oral vaporizers for smoking purposes; all the foregoing exclusively for use with cannabis products derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.Class 034 for Electronic cigarettes; Oral vaporizers for smoking purposes; all the foregoing exclusively for use with cannabis products 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(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 12/01/2018 and first used in commerce at least as early as 12/31/2018 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ANDY CHUNYEN HUANG, a citizen of United States, having an address of
      19352 DISCOVERY PLACE
      ROWLAND HEIGHTS, California 91748
      United States

Proposed: HUANG, ANDY CHUNYEN, a citizen of United States, having an address of
      19352 DISCOVERY PLACE
      ROWLAND HEIGHTS, California 91748
      United States
      Email Address: XXXX

The owner's/holder's proposed attorney information: Clement Cheng. Recognized Canadian attorney(s)/agent(s) is/are Clement Cheng. Clement Cheng of Newhope Law, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      4522 Katella Avenue Ste. 200
      4522 Katella Avenue Ste. 200, None
      Los Alamitos, California 90720
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
      The phone number is 7148250555.
      The email address is law@clemcheng.com

Clement Cheng 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):
      CHUNG, HENRY
      PRIMARY EMAIL FOR CORRESPONDENCE: vapor.zone@ymail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Clement Cheng
      PRIMARY EMAIL FOR CORRESPONDENCE: law@clemcheng.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Clement Cheng/      Date: 04/01/2020
Signatory's Name: Clement Cheng
Signatory's Position: attorney
Signatory's Phone Number: 7148250555


Response Signature
Signature: /Clement Cheng/     Date: 04/01/2020
Signatory's Name: Clement Cheng
Signatory's Position: attorney

Signatory's Phone Number: 7148250555

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:    CHUNG, HENRY
   
   SUITE B
   377 LEMON AVE
   WALNUT, California 91789
Mailing Address:    Clement Cheng
   Newhope Law, PC
   4522 Katella Avenue Ste. 200
   4522 Katella Avenue Ste. 200, None
   Los Alamitos, California 90720
        
Serial Number: 88315125
Internet Transmission Date: Wed Apr 01 22:06:38 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20200401220638109
109-88315125-7103a4e4e8dcf92ca90ca264ca1
87e52e457b0a6766ae38a9a3ab691ef3dab-N/A-
N/A-20200401220229935975