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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88326726 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88326726/mark.png |
| LITERAL ELEMENT |
MY HEMP MD |
| 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. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_47517127-20200211203128036281_._My_Hemp_MD_ROA_Remarks_and_Arguments_2020-02-11.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\883\267\88326726\xml2\ROA0002.JPG |
| |
\\TICRS\EXPORT18\IMAGEOUT18\883\267\88326726\xml2\ROA0003.JPG |
| |
\\TICRS\EXPORT18\IMAGEOUT18\883\267\88326726\xml2\ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Remarks and Arguments pertaining to a (I) a third party pending application; (2) deletion of class 5 in response to a FDCA-based refusal; (3)
amendment of identification of goods; (4) disclaimer; some of this is for reviewer convenience, being redundant with other parts of this online form filing |
| GOODS AND/OR SERVICES SECTION (003)(current) |
| INTERNATIONAL CLASS |
003 |
| DESCRIPTION |
| Cosmetic preparations based on hemp extracts for skin health, namely, creams, ointments, after-sun treatments, moisturizers, toners,
cleansers, anti-wrinkle creams, day and night creams, lotions |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (003)(proposed) |
| INTERNATIONAL CLASS |
003 |
| TRACKED TEXT DESCRIPTION |
Cosmetic preparations based on hemp extracts for skin health, namely, creams, ointments, after-sun
treatments, moisturizers, toners, cleansers, anti-wrinkle creams, day and night creams, lotions; Cosmetic preparations based on hemp extracts for skin health,
namely: creams; ointments; after-sun treatment creams, lotions, gels and sprays; moisturizers; toners; cleansers; anti-wrinkle creams; day and night creams; and lotions |
| FINAL DESCRIPTION |
| Cosmetic preparations based on hemp extracts for skin health, namely: creams; ointments; after-sun treatment creams, lotions, gels and
sprays; moisturizers; toners; cleansers; anti-wrinkle creams; day and night creams; and lotions |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (005)(current) |
| INTERNATIONAL CLASS |
005 |
| DESCRIPTION |
| Nutritional supplements and over-the-counter medicinal preparations based on hemp extracts in dosable forms, namely: medicinal drops,
pills, gel capsules, ointments, creams, sprays, suncreens, pain-relieving creams, acne treatments, wound care gels, oral care liquids, oral care gels, oral care sprays, toothpaste, nasal sprays, and
suppositories |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (005)(proposed) |
| INTERNATIONAL CLASS |
005 |
| TRACKED TEXT DESCRIPTION |
Nutritional supplements and over-the-counter medicinal preparations based on hemp extracts in dosable
forms, namely: medicinal drops, pills, gel capsules, ointments, creams, sprays, suncreens, pain-relieving creams, acne treatments, wound care gels, oral care liquids, oral care gels, oral care
sprays, toothpaste, nasal sprays, and suppositories; Nutritional supplements and over-the-counter medicinal preparations based on hemp extracts in dosable forms,
namely: medicinal drops, pills, gel capsules, ointments, creams, sprays, suncreens, pain-relieving creams, acne treatments, wound care gels, oral care liquids, oral care gels, oral care
sprays |
| FINAL DESCRIPTION |
| Nutritional supplements and over-the-counter medicinal preparations based on hemp extracts in dosable forms, namely: medicinal drops,
pills, gel capsules, ointments, creams, sprays, suncreens, pain-relieving creams, acne treatments, wound care gels, oral care liquids, oral care gels, oral care sprays |
| FILING BASIS |
Section 1(b) |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use Hemp MD apart from the mark as shown. |
| ATTORNEY SECTION (current) |
| NAME |
F. Russell Denton |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC |
| STREET |
867 TAB ROBERTS ROAD |
| CITY |
LAWRENCEVILLE |
| STATE |
Georgia |
| POSTAL CODE |
30043 |
| COUNTRY |
US |
| PHONE |
770-883-9336 |
| FAX |
7703393007 |
| EMAIL |
frdenton@denton-ip.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
PMH 001R |
| ATTORNEY SECTION (proposed) |
| NAME |
F. Russell Denton |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC |
| STREET |
867 TAB ROBERTS ROAD |
| CITY |
LAWRENCEVILLE |
| STATE |
Georgia |
| POSTAL CODE |
30043 |
| COUNTRY |
United States |
| PHONE |
770-883-9336 |
| FAX |
7703393007 |
| EMAIL |
frdenton@denton-ip.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
PMH 001R |
| CORRESPONDENCE SECTION (current) |
| NAME |
F. RUSSELL DENTON |
| FIRM NAME |
DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC |
| STREET |
867 TAB ROBERTS ROAD |
| CITY |
LAWRENCEVILLE |
| STATE |
Georgia |
| POSTAL CODE |
30043 |
| COUNTRY |
US |
| PHONE |
770-883-9336 |
| FAX |
7703393007 |
| EMAIL |
frdenton@denton-ip.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
PMH 001R |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
F. Russell Denton |
| FIRM NAME |
DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC |
| STREET |
867 TAB ROBERTS ROAD |
| CITY |
LAWRENCEVILLE |
| STATE |
Georgia |
| POSTAL CODE |
30043 |
| COUNTRY |
United States |
| PHONE |
770-883-9336 |
| FAX |
7703393007 |
| EMAIL |
frdenton@denton-ip.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
PMH 001R |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/F.R. Denton/ |
| SIGNATORY'S NAME |
F. Russell Denton |
| SIGNATORY'S POSITION |
Attorney of record, Georgia bar member |
| SIGNATORY'S PHONE NUMBER |
7708839336 |
| DATE SIGNED |
02/11/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Feb 11 20:47:44 EST 2020 |
| TEAS STAMP |
USPTO/ROA-XX.X.XXX.XX-202
00211204744132169-8832672
6-700c4d04d86ab5e2d505f66
d6bf7a523b77c9335990a9e42
aef1b16842e8c8fa7e-N/A-N/
A-20200211203128036281 |
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.
88326726 MY HEMP MD(Standard Characters, see http://uspto.report/TM/88326726/mark.png) has been amended as follows:
EVIDENCE
Evidence in the nature of Remarks and Arguments pertaining to a (I) a third party pending application; (2) deletion of class 5 in response to a FDCA-based refusal; (3) amendment of identification of
goods; (4) disclaimer; some of this is for reviewer convenience, being redundant with other parts of this online form filing has been attached.
Original PDF file:
evi_47517127-20200211203128036281_._My_Hemp_MD_ROA_Remarks_and_Arguments_2020-02-11.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cosmetic preparations based on hemp extracts for skin health, namely, creams, ointments, after-sun treatments, moisturizers, toners, cleansers, anti-wrinkle creams, day
and night creams, lotions
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: Cosmetic preparations based on hemp extracts for skin health, namely, creams, ointments, after-sun treatments, moisturizers, toners,
cleansers, anti-wrinkle creams, day and night creams, lotions;
Cosmetic preparations based on hemp extracts for skin health, namely: creams;
ointments;
after-sun treatment creams, lotions, gels and sprays;
moisturizers;
toners;
cleansers;
anti-wrinkle creams;
day and night
creams;
and lotionsClass 003 for Cosmetic preparations based on hemp extracts for skin health, namely: creams; ointments; after-sun treatment creams,
lotions, gels and sprays; moisturizers; toners; cleansers; anti-wrinkle creams; day and night creams; and lotions
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 Nutritional supplements and over-the-counter medicinal preparations based on hemp extracts in dosable forms, namely: medicinal drops, pills, gel capsules, ointments,
creams, sprays, suncreens, pain-relieving creams, acne treatments, wound care gels, oral care liquids, oral care gels, oral care sprays, toothpaste, nasal sprays, and suppositories
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: Nutritional supplements and over-the-counter medicinal preparations based on hemp extracts in dosable forms, namely: medicinal drops,
pills, gel capsules, ointments, creams, sprays, suncreens, pain-relieving creams, acne treatments, wound care gels, oral care liquids, oral care gels, oral care sprays, toothpaste, nasal sprays, and
suppositories;
Nutritional supplements and over-the-counter medicinal preparations based on hemp extracts in dosable forms, namely: medicinal drops, pills, gel
capsules, ointments, creams, sprays, suncreens, pain-relieving creams, acne treatments, wound care gels, oral care liquids, oral care gels, oral care spraysClass 005 for Nutritional supplements
and over-the-counter medicinal preparations based on hemp extracts in dosable forms, namely: medicinal drops, pills, gel capsules, ointments, creams, sprays, suncreens, pain-relieving creams, acne
treatments, wound care gels, oral care liquids, oral care gels, oral care sprays
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: F. Russell Denton. F. Russell Denton of DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC, is located at
867 TAB ROBERTS ROAD
LAWRENCEVILLE, Georgia 30043
US
The docket/reference number is PMH 001R.
The phone number is 770-883-9336.
The fax number is 7703393007.
The email address is frdenton@denton-ip.com
The applicants proposed attorney information: F. Russell Denton. F. Russell Denton of DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC, is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, is located at
867 TAB ROBERTS ROAD
LAWRENCEVILLE, Georgia 30043
United States
The docket/reference number is PMH 001R.
The phone number is 770-883-9336.
The fax number is 7703393007.
The email address is frdenton@denton-ip.com
F. Russell Denton 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: F. RUSSELL DENTON. F. RUSSELL DENTON of DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC, is located at
867 TAB ROBERTS ROAD
LAWRENCEVILLE, Georgia 30043
US
The docket/reference number is PMH 001R.
The phone number is 770-883-9336.
The fax number is 7703393007.
The email address is frdenton@denton-ip.com
The applicants proposed correspondence information: F. Russell Denton. F. Russell Denton of DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC, is located at
867 TAB ROBERTS ROAD
LAWRENCEVILLE, Georgia 30043
United States
The docket/reference number is PMH 001R.
The phone number is 770-883-9336.
The fax number is 7703393007.
The email address is frdenton@denton-ip.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Hemp MD apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /F.R. Denton/ Date: 02/11/2020
Signatory's Name: F. Russell Denton
Signatory's Position: Attorney of record, Georgia bar member
Signatory's Phone Number: 7708839336
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: F. RUSSELL DENTON
DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC
867 TAB ROBERTS ROAD
LAWRENCEVILLE, Georgia 30043
Mailing Address: F. Russell Denton
DENTON INTELLECTUAL PROPERTY LAW FIRM,LLC
867 TAB ROBERTS ROAD
LAWRENCEVILLE, Georgia 30043
Serial Number: 88326726
Internet Transmission Date: Tue Feb 11 20:47:44 EST 2020
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-202002112047441321
69-88326726-700c4d04d86ab5e2d505f66d6bf7
a523b77c9335990a9e42aef1b16842e8c8fa7e-N
/A-N/A-20200211203128036281
