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. 88327666 CLOVER(Standard Characters, see http://uspto.report/TM/88327666/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: ARGUMENT
Original PDF file:
evi_6811017641-2020072710 1617695759_._88327666_ARG UMENT.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for cannabidiol (CBD) tincture; herbal supplements for general health and well-being; the foregoing containing cannabidiol (CBD); cosmetics; skin care preparations; body and beauty care cosmetics; all of the foregoing containing cannabidiol (CBD); bath soaps, bath bombs, bath salts, bath foams; all of the foregoing containing cannabidiol (CBD); essential oils for aromatherapy; aromatherapy spray preparations; all of the foregoing containing cannabidiol (CBD); candies containing cannabidiol (CBD); all-purpose carrying bags; casual clothing
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1945200 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: cannabidiol (CBD) tincture; Cosmetics; herbal supplements for general health and well-being; cosmetic skin care preparations; the foregoing containing cannabidiol (CBD); body and beauty care cosmetics; bath soaps, bath bombs, cosmetic bath salts, bath foams; skin care preparations; essential oils for aromatherapy; aromatherapy spray preparations; all of the foregoing containing cannabidiol (CBD); all of the foregoing containing hemp cannabidiol (CBD); bath soaps, bath bombs, bath salts, bath foams; all of the foregoing containing cannabidiol (CBD); all of the foregoing containing cannabidiol (CBD); candies containing cannabidiol (CBD); all-purpose carrying bags; casual clothingClass 003 for Cosmetics; cosmetic skin care preparations; body and beauty care cosmetics; bath soaps, bath bombs, cosmetic bath salts, bath foams; essential oils for aromatherapy; aromatherapy spray preparations; all of the foregoing containing hemp cannabidiol (CBD)
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1945200 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:

Current:
Class 035 for online retail store services featuring cosmetics, skin care preparations, body and beauty care cosmetics, bath soaps, bath bombs, bath salts, bath foams, essential oils for aromatherapy, aromatherapy spray preparations, all of the foregoing containing cannabidiol (CBD); Online retail store services featuring casual clothing and all-purpose carrying bags; retail sale of cosmetics, skin care preparations, body and beauty care cosmetics, bath soaps, bath bombs, bath salts, bath foams, essential oils for aromatherapy, aromatherapy spray preparations, all of the foregoing containing cannabidiol (CBD); Retail sale of casual clothing and all-purpose carrying bags
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1945200 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: online retail store services featuring cosmetics, skin care preparations, body and beauty care cosmetics, bath soaps, bath bombs, bath salts, bath foams, essential oils for aromatherapy, aromatherapy spray preparations, all of the foregoing containing cannabidiol (CBD); Online retail store services featuring cosmetics, skin care preparations, body and beauty care cosmetics, bath soaps, bath bombs, bath salts, bath foams, essential oils for aromatherapy, aromatherapy spray preparations, all of the foregoing containing hemp cannabidiol (CBD); online retail store services featuring casual clothing and all-purpose carrying bags; retail sale of cosmetics, skin care preparations, body and beauty care cosmetics, bath soaps, bath bombs, bath salts, bath foams, essential oils for aromatherapy, aromatherapy spray preparations, all of the foregoing containing cannabidiol (CBD); retail store services of cosmetics, skin care preparations, body and beauty care cosmetics, bath soaps, bath bombs, bath salts, bath foams, essential oils for aromatherapy, aromatherapy spray preparations, all of the foregoing containing hemp cannabidiol (CBD); Retail sale of casual clothing and all-purpose carrying bags; retail store services of casual clothing and all-purpose carrying bagsClass 035 for Online retail store services featuring cosmetics, skin care preparations, body and beauty care cosmetics, bath soaps, bath bombs, bath salts, bath foams, essential oils for aromatherapy, aromatherapy spray preparations, all of the foregoing containing hemp cannabidiol (CBD); online retail store services featuring casual clothing and all-purpose carrying bags; retail store services of cosmetics, skin care preparations, body and beauty care cosmetics, bath soaps, bath bombs, bath salts, bath foams, essential oils for aromatherapy, aromatherapy spray preparations, all of the foregoing containing hemp cannabidiol (CBD); retail store services of casual clothing and all-purpose carrying bags
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1945200 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: CLOVER SELF CARE CO. INC., a corporation of Canada, having an address of
      334 Forde Cres
      King City, ON, L7B1G7
      Canada

Proposed: CLOVER SELF CARE CO. INC., a corporation of Canada, having an address of
      334 Forde Cres
      King City, ON, L7B1G7
      Canada
      Email Address: XXXX

The owner's/holder's current attorney information: John R. Hlavka. John R. Hlavka of TAROLLLI, SUNDHEIM, COVELL & TUMMINO, LLP, is located at

      SUITE 1700
      1300 EAST NINTH STREET
      CLEVELAND, Ohio 44114
      United States
The docket/reference number is OPEN-193145U.
      The phone number is 216-621-2234.
      The fax number is 216-621-4072.
      The email address is docketing@tarolli.com

The owner's/holder's proposed attorney information: John R. Hlavka. John R. Hlavka of TAROLLLI, SUNDHEIM, COVELL & TUMMINO, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1700
      1300 EAST NINTH STREET
      CLEVELAND, Ohio 44114
      United States
The docket/reference number is OPEN-193145U.
      The phone number is 216-621-2234.
      The fax number is 216-621-4072.
      The email address is docketing@tarolli.com

John R. Hlavka 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):
      JOHN R. HLAVKA
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@tarolli.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is OPEN-193145U.
Correspondence Information (proposed):
      John R. Hlavka
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@tarolli.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jwolfe@tarolli.com

The docket/reference number is OPEN-193145U.

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: /John R. Hlavka/     Date: 07/27/2020
Signatory's Name: John R. Hlavka
Signatory's Position: Attorney of Record, Ohio bar member

Signatory's Phone Number: 216-621-2234

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:    JOHN R. HLAVKA
   TAROLLLI, SUNDHEIM, COVELL & TUMMINO, LLP
   SUITE 1700
   1300 EAST NINTH STREET
   CLEVELAND, Ohio 44114
Mailing Address:    John R. Hlavka
   TAROLLLI, SUNDHEIM, COVELL & TUMMINO, LLP
   SUITE 1700
   1300 EAST NINTH STREET
   CLEVELAND, Ohio 44114
        
Serial Number: 88327666
Internet Transmission Date: Mon Jul 27 11:10:08 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020072711100862
7910-88327666-7405ab3803e6dca25c77e2f626
bfc18cbabcf1dc75bbd48a51a4914c0baf9d91d-
N/A-N/A-20200727101617695759