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. 88315539 HERB(Standard Characters, see http://uspto.report/TM/88315539/mark.png) has been amended as follows:

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

Applicant respectfully submits that all issues raised by Examining Attorney have been addressed and resolved based on the following amendments and that the Section 2(d) and 2(e) refusals should be removed and the application approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable mobile application and software providing consumer information regarding cannabis strains, indications and effects, and cannabis retail establishments and dispensaries; Downloadable mobile application and software for providing consumer information, namely, compilations, rankings, ratings, reviews, referrals and recommendations relating to businesses, and for displaying and sharing a user's location and finding, locating, and interacting with other users and places
Original Filing 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 07/28/2018 and first used in commerce at least as early as 07/28/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable mobile application and software providing consumer information regarding cannabis strains, indications and effects, and cannabis retail establishments and dispensaries; Downloadable mobile application and software for providing consumer information, namely, compilations, rankings, ratings, reviews, referrals and recommendations relating to businesses, and for displaying and sharing a user's location and finding, locating, and interacting with other users and placesClass 009 for Downloadable mobile application and software for providing consumer information, namely, compilations, rankings, ratings, reviews, referrals and recommendations relating to businesses, and for displaying and sharing a user's location and finding, locating, and interacting with other users and places
Deleted Filing Basis: 1(a)
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.

The applicant's current attorney information: Nicholas D. Myers. Nicholas D. Myers of THE MYERS LAW GROUP, is located at

      4695 MACARTHUR COURT, SUITE 200
      NEWPORT BEACH, California 92660
      US
The docket/reference number is MAD01-2033.

The email address is nicholas@themyerslg.com

The applicants proposed attorney information: Nicholas D. Myers. Nicholas D. Myers of THE MYERS LAW GROUP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4695 MACARTHUR COURT, SUITE 200
      NEWPORT BEACH, California 92660
      United States
The docket/reference number is MAD01-2033.

The email address is nicholas@themyerslg.com

Nicholas D. Myers 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.
The applicant's current correspondence information: NICHOLAS D. MYERS. NICHOLAS D. MYERS of THE MYERS LAW GROUP, is located at

      4695 MACARTHUR COURT, SUITE 200
      NEWPORT BEACH, California 92660
      US
The docket/reference number is MAD01-2033.

The email address is nicholas@themyerslg.com; trademarks@themyerslg.com

The applicants proposed correspondence information: Nicholas D. Myers. Nicholas D. Myers of THE MYERS LAW GROUP, is located at

      4695 MACARTHUR COURT, SUITE 200
      NEWPORT BEACH, California 92660
      United States
The docket/reference number is MAD01-2033.

The email address is nicholas@themyerslg.com; trademarks@themyerslg.com

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: /Nicholas D. Myers/      Date: 11/07/2019
Signatory's Name: Nicholas D. Myers
Signatory's Position: Attorney of record
Signatory's Phone Number: 9498255590


Response Signature
Signature: /Nicholas D. Myers/     Date: 11/07/2019
Signatory's Name: Nicolas D. Myers
Signatory's Position: Attorney of Record

Signatory's Phone Number: (949) 825-5590

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:    NICHOLAS D. MYERS
   THE MYERS LAW GROUP
   
   4695 MACARTHUR COURT, SUITE 200
   NEWPORT BEACH, California 92660
Mailing Address:    Nicholas D. Myers
   THE MYERS LAW GROUP
   4695 MACARTHUR COURT, SUITE 200
   NEWPORT BEACH, California 92660
        
Serial Number: 88315539
Internet Transmission Date: Thu Nov 07 17:41:25 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019110717412590
8541-88315539-700efdb91eac7cb6b21afb7127
ac3a2d92c18c64e2996a4ffc7efce8d1cd854ebf
-N/A-N/A-20191107172728020143