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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88315125 |
LAW OFFICE ASSIGNED | LAW OFFICE 130 |
MARK SECTION | |
MARK | mark |
LITERAL ELEMENT | CANNABIS ON DEMAND |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
OWNER SECTION (current) | |
NAME | HUANG, ANDY CHUNYEN |
MAILING ADDRESS | 19352 DISCOVERY PLACE |
CITY | ROWLAND HEIGHTS |
STATE | California |
ZIP/POSTAL CODE | 91748 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
OWNER SECTION (proposed) | |
NAME | HUANG, ANDY CHUNYEN |
MAILING ADDRESS | 19352 DISCOVERY PLACE |
CITY | ROWLAND HEIGHTS |
STATE | California |
ZIP/POSTAL CODE | 91748 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
XXXX | |
ARGUMENT(S) | |
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 | |
GOODS AND/OR SERVICES SECTION (025) (no change) | |
GOODS AND/OR SERVICES SECTION (034) (current) | |
INTERNATIONAL CLASS | 034 |
DESCRIPTION | Electronic cigarettes; Oral vaporizers for smoking purposes |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 12/01/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 12/31/2018 |
GOODS AND/OR SERVICES SECTION (034) (proposed) | |
INTERNATIONAL CLASS | 034 |
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. | |
FINAL 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. | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 12/01/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 12/31/2018 |
ATTORNEY INFORMATION (new) | |
NAME | Clement Cheng |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | Newhope Law, PC |
INTERNAL ADDRESS | 4522 Katella Avenue Ste. 200 |
STREET | 4522 Katella Avenue Ste. 200, None |
CITY | Los Alamitos |
STATE | California |
POSTAL CODE | 90720 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 7148250555 |
law@clemcheng.com | |
RECOGNIZED CANADIAN ATTORNEY/AGENT | Clement Cheng |
CORRESPONDENCE INFORMATION (current) | |
NAME | CHUNG, HENRY |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | vapor.zone@ymail.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Clement Cheng |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | law@clemcheng.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Clement Cheng/ |
SIGNATORY'S NAME | Clement Cheng |
SIGNATORY'S POSITION | attorney |
SIGNATORY'S PHONE NUMBER | 7148250555 |
DATE SIGNED | 04/01/2020 |
RESPONSE SIGNATURE | /Clement Cheng/ |
SIGNATORY'S NAME | Clement Cheng |
SIGNATORY'S POSITION | attorney |
SIGNATORY'S PHONE NUMBER | 7148250555 |
DATE SIGNED | 04/01/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Apr 01 22:06:38 ET 2020 |
TEAS STAMP | USPTO/ROA-XX.XXX.XXX.X-20 200401220638109109-883151 25-7103a4e4e8dcf92ca90ca2 64ca187e52e457b0a6766ae38 a9a3ab691ef3dab-N/A-N/A-2 0200401220229935975 |
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) |
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.