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. 88320192 MILLIE(Standard Characters, see http://uspto.report/TM/88320192/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Electronic cigarette liquid (e-liquid) comprised of essential oils, namely, Cannabidiol
Original Filing Basis:
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: Electronic cigarette liquid (e-liquid) comprised of essential oils, namely, Cannabidiol; Electronic cigarette liquid (e-liquid) comprised of essential oils, namely, cannabidiol derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basisClass 003 for Electronic cigarette liquid (e-liquid) comprised of essential oils, namely, cannabidiol derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Herbal tinctures for medical purposes incorporating Cannabidiol as an ingredient; Medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels, incorporating Cannabidiol as an ingredient
Original Filing Basis:
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: Herbal tinctures for medical purposes incorporating Cannabidiol as an ingredient; Herbal tinctures for medical purposes incorporating cannabidiol derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis as an ingredient; Medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels, incorporating Cannabidiol as an ingredient; Medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels, incorporating cannabidiol derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis as an ingredientClass 005 for Herbal tinctures for medical purposes incorporating cannabidiol derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis as an ingredient; Medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels, incorporating cannabidiol derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis as an ingredient
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for Electronic cigarette hardware
Original Filing Basis:
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: Electronic cigarette hardware; Electronic cigarette hardware, namely, electronic cigarettes and electronic cigarette refill cartridges sold empty, exclusively for use with cannabis/cannabidiol products solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basisClass 034 for Electronic cigarette hardware, namely, electronic cigarettes and electronic cigarette refill cartridges sold empty, exclusively for use with cannabis/cannabidiol products solely 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(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: William P Bray. William P Bray of BRAY & LONG PLLC, is located at

      2820 SELWYN AVENUE, SUITE 400
      CHARLOTTE, North Carolina 28209
      US

The phone number is 704-523-7777.

The email address is wbray@braylong.com

The applicants proposed attorney information: William P Bray. William P Bray of BRAY & LONG PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2820 SELWYN AVENUE, SUITE 400
      CHARLOTTE, North Carolina 28209
      United States

The phone number is 704-523-7777.

The email address is wbray@braylong.com

William P Bray 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: WILLIAM P BRAY. WILLIAM P BRAY of BRAY & LONG PLLC, is located at

      2820 SELWYN AVENUE, SUITE 400
      CHARLOTTE, North Carolina 28209
      US

The phone number is 704-523-7777.

The email address is wbray@braylong.com

The applicants proposed correspondence information: William P Bray. William P Bray of BRAY & LONG PLLC, is located at

      2820 SELWYN AVENUE, SUITE 400
      CHARLOTTE, North Carolina 28209
      United States

The phone number is 704-523-7777.

The email address is wbray@braylong.com

SIGNATURE(S)
Response Signature
Signature: /William Bray/     Date: 09/25/2019
Signatory's Name: William P Bray
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 704-576-6325

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:    WILLIAM P BRAY
   BRAY & LONG PLLC
   
   2820 SELWYN AVENUE, SUITE 400
   CHARLOTTE, North Carolina 28209
Mailing Address:    William P Bray
   BRAY & LONG PLLC
   2820 SELWYN AVENUE, SUITE 400
   CHARLOTTE, North Carolina 28209
        
Serial Number: 88320192
Internet Transmission Date: Wed Sep 25 13:17:44 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201909251317445
77804-88320192-610cfb2443c46a2e9f813857a
af6c64caa5df31aabbf3c437c95ecd6bf2043f4-
N/A-N/A-20190925130809304525