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. 88321435 SMARTLEEF(Standard Characters, see http://uspto.report/TM/88321435/mark.png) has been amended as follows:

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

SMARTLEEF ? SN 88/321,435 ? ADVISORY PRIOR FILED APPLICATIONS Applicant acknowledges that pending US Application Serial No.?s 88/141,970 and 88/141,978 both for the mark LEEF, precede Applicant?s filing date. Applicant elects not to submit arguments that there is no likelihood of confusion, at this time. Applicant acknowledges its right to address this issue later if a refusal under Section 2(d) issues. SMARTLEEF ? SN 88/321,435 ? UNLAWFUL USE REFUSAL ? CONTROLLED SUBSTANCES ACT Applicant would like to request that the filing date be amended to be December 20, 2018. SMARTLEEF ? SN 88/321,435 ? UNLAWFUL USE REFUSAL ? FOOD DRUG AND COSMETIC ACT REFUSAL Applicant has requested that the filing date be amended to be December 20, 2018 (see above).

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 032 for Non-alcoholic water-based beverages containing fortified nutrients; non-alcoholic juice-based beverages containing fortified nutrients; non-alcoholic coffee-based beverages containing fortified nutrients; alcoholic beer beverages containing fortified nutrients
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 03/18/2016 and first used in commerce at least as early as 03/18/2016 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Non-alcoholic water-based beverages containing fortified nutrients; non-alcoholic juice-based beverages containing fortified nutrients; non-alcoholic juice-based beverages, namely, fruit juice beverages containing fortified nutrients; non-alcoholic coffee-based beverages containing fortified nutrients; alcoholic beer beverages containing fortified nutrients; all the foregoing containing CBD solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basisClass 032 for Non-alcoholic water-based beverages containing fortified nutrients; non-alcoholic juice-based beverages, namely, fruit juice beverages containing fortified nutrients; non-alcoholic coffee-based beverages containing fortified nutrients; alcoholic beer beverages containing fortified nutrients; all the foregoing containing CBD 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(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 03/18/2016 and first used in commerce at least as early as 03/18/2016 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Boulder Botanical and Bioscience Laboratories, Inc., a corporation of Colorado, having an address of
      1150 Catamount Drive
      Golden, Colorado 80403
      United States
      720-441-5734
Proposed: Boulder Botanical and Bioscience Laboratories, Inc., a corporation of Colorado, having an address of
      1150 Catamount Drive
      Golden, Colorado 80403
      United States
      Email Address: XXXX
      720-441-5734

ADDITIONAL STATEMENTS
Miscellaneous Statement
SMARTLEEF - SN 88/321,435 - Request for Information Question 1. Do or will applicant's identified goods include any oils, extracts, ingredients or derivatives from the plant Cannabis sativa L (also known as cannabis, marijuana or hemp)? Answer: Yes, it may contain oils, extracts, ingredients, or derivatives of hemp. Question 2. If the answer to Question 1 is "yes," does the hemp used or to be used in applicant's goods contain more than 0.3 percent delta-9 tetrahydrocannabinol (THC) on a dry weight basis? Answer: No. No the material is within Federal compliance and under 0.3 percent THC on a dry weight basis. Question 3. If applicant has any documentation relative to the THC content of the oils, extracts or derivatives used or to be used in the goods, please submit them with the response. Answer: Applicant has not made any products as of yet, just experimental base product formulations for future use, therefore, no documentation is available at this time. Question 4. Do or will the goods include cannabidiol (CBD). Answer: Yes. The CBD in the material will be naturally occurring CBD that is part of the cannabinoid chemical profile derived from the plant. Question 5. If so, will there be more than a trace amount of CBD in the goods, e.g. more than 50 parts per million (PPM)? Answer: Yes. All hemp material contains "naturally occurring trace amounts" of CBD and other cannabinoids, and it is anticipated that Applicants goods will also contain CBD more than 50 PPM. Question 6. Do or will applicant's identified goods include CBD which is derived from, oils, extracts or ingredients from plants other than Cannabis sativa L (also known as hemp, marijuana or cannabis)? Answer: No. Hemp is used. The hemp is grown in the United States of America, and was obtained from an authorized grower or supplier of industrial hemp from a hemp growing pilot program set up under the 2014 Farm Bill. Thus, the hemp material sourced and used will be US based and will be 2014 and 2018 Farm Bill compliant.


The owner's/holder's current attorney information: Richard D. Clarke. Richard D. Clarke of LAW OFFICE OF RICHARD D. CLARKE, is located at

      3755 AVOCADO BLVD., #1000
      LA MESA, California 91941
      United States
The docket/reference number is 19-BBB/508.
      The phone number is 619-823-3652.
      The fax number is 619-670-1004.
      The email address is rclarkeesq@gmail.com

The owner's/holder's proposed attorney information: Richard D. Clarke. Richard D. Clarke of LAW OFFICE OF RICHARD D. CLARKE, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3755 AVOCADO BLVD., #1000
      LA MESA, California 91941
      United States
The docket/reference number is 19-BBB/508.
      The phone number is 619-823-3652.
      The fax number is 619-670-1004.
      The email address is rclarkeesq@gmail.com

Richard D. Clarke 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):
      RICHARD D. CLARKE
      PRIMARY EMAIL FOR CORRESPONDENCE: rclarkeesq@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 19-BBB/508.
Correspondence Information (proposed):
      Richard D. Clarke
      PRIMARY EMAIL FOR CORRESPONDENCE: rclarkeesq@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 19-BBB/508.

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: /Richard D. Clarke/     Date: 05/04/2020
Signatory's Name: Richard D. Clarke
Signatory's Position: Attorney of Record for Applicant, California Bar Member

Signatory's Phone Number: 619-823-3652

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:    RICHARD D. CLARKE
   LAW OFFICE OF RICHARD D. CLARKE
   
   3755 AVOCADO BLVD., #1000
   LA MESA, California 91941
Mailing Address:    Richard D. Clarke
   LAW OFFICE OF RICHARD D. CLARKE
   3755 AVOCADO BLVD., #1000
   LA MESA, California 91941
        
Serial Number: 88321435
Internet Transmission Date: Mon May 04 15:01:22 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200504150122832185-88321435-
710b7cd30549435de6f9f74f350cb5442ca2c5e6
f37f49f516539b7d88d48eb99a9-N/A-N/A-2020
0504145457925429