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)

---

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. 88329043 LASSEN(Standard Characters, see http://uspto.report/TM/88329043/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Medicinal skincare products containing a portion of Cannabidiol (a.k.a CBD); Medicinal skincare products containing cannabinoid; Topical lotions containing CBD; Topical lotions containing cannabinoid; Dietary supplement containing CBD; Dietary supplement containing cannabinoid; Medicinal supplement containing CBD; Medicinal supplement containing cannabinoid; Herbal dietary and nutritional supplements containing CBD; Herbal dietary and nutritional supplements containing cannabinoid; Wellness beverages containing CBD; Wellness beveragescontaining cannabinoid; Tinctures of CBD dissolved in an alcoholic solvent; Tinctures of at least one cannabinoid dissolved in an alcoholic solvent; Beverages containing nutritional supplements; and Herbal dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes and otherwise
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: Medicinal skincare products containing a portion of Cannabidiol (a.k.a CBD); Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a portion of Cannabidiol (CBD); Medicinal skincare products containing cannabinoid; Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a cannabinoid specifically CBD; Topical lotions containing CBD; Topical medicated lotions containing CBD; Topical lotions containing cannabinoid; Topical medicated lotions containing cannabinoid specifically CBD; Dietary supplement containing CBD; Dietary supplement containing cannabinoid; Dietary supplement containing cannabinoid specifically CBD; Medicinal supplement containing CBD; Medicinal food supplement containing CBD; Medicinal supplement containing cannabinoid; Medicinal food supplement containing cannabinoid specifically CBD; Herbal dietary and nutritional supplements containing CBD; Herbal dietary and nutritional supplements containing cannabinoid; Herbal dietary and nutritional supplements containing cannabinoid specifically CBD; Wellness beverages containing CBD; Wellness beverages, namely, nutritionally fortified beverages containing CBD for medical purposes; Wellness beveragescontaining cannabinoid; Wellness beverages, namely, nutritionally fortified beverages containing cannabinoid specifically CBD for medical purposes; Tinctures of CBD dissolved in an alcoholic solvent; Tinctures of CBD dissolved in an alcoholic solvent as a dietary supplement; Tinctures of at least one cannabinoid dissolved in an alcoholic solvent; Tinctures containing cannabinoid specifically CBD dissolved in an alcoholic solvent as a dietary supplement; Beverages containing nutritional supplements; Beverages containing CBD for use as a nutritional supplement; and Herbal dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes and otherwise; and Herbal dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic and medical purposes, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basisClass 005 for Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a portion of Cannabidiol (CBD); Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a cannabinoid specifically CBD; Topical medicated lotions containing CBD; Topical medicated lotions containing cannabinoid specifically CBD; Dietary supplement containing CBD; Dietary supplement containing cannabinoid specifically CBD; Medicinal food supplement containing CBD; Medicinal food supplement containing cannabinoid specifically CBD; Herbal dietary and nutritional supplements containing CBD; Herbal dietary and nutritional supplements containing cannabinoid specifically CBD; Wellness beverages, namely, nutritionally fortified beverages containing CBD for medical purposes; Wellness beverages, namely, nutritionally fortified beverages containing cannabinoid specifically CBD for medical purposes; Tinctures of CBD dissolved in an alcoholic solvent as a dietary supplement; Tinctures containing cannabinoid specifically CBD dissolved in an alcoholic solvent as a dietary supplement; Beverages containing CBD for use as a nutritional supplement; and Herbal dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic and medical purposes, wherein all of the foregoing includes 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 hereby adds the following class of goods/services to the application:
New: Class 003 for Topical non-medicated lotions containing CBD; Topical non- medicated lotions containing cannabinoid specifically CBD, wherein all of the foregoing includes 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 hereby adds the following class of goods/services to the application:
New: Class 030 for Wellness beverages, namely, herbal beverages containing CBD; Wellness beverages, namely, herbal food beverages containing cannabinoid, specifically CBD, wherein all of the foregoing includes 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 hereby adds the following class of goods/services to the application:
New: Class 032 for Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing CBD; Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing cannabinoid specifically CBD; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements, wherein all of the foregoing includes 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.

ADDITIONAL STATEMENTS
Translation
The English translation of LASSEN in the mark is "LET OR LEAVE".


Miscellaneous Statement
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Trademark Application of: INBOLD, INC. Mark: LASSEN U.S. SERIAL NUMBER: 88329043 Filed: 03/07/2019 USPTO Trademark Examining Attorney: DANTZLER, Lauren A. Law Office: 122 APPLICANT'S RESPONSE TO OFFICE ACTION Lauren A. Dantzler Trademark Examining Attorney Commissioner for Trademarks United States Patent & Trademark Office Law Office 122 P.O. Box 1451 Alexandria, VA 22313-1451 Dear Attorney Dantzler: This Applicant's Response is submitted in response to the Nonfinal Office Action of November 22, 2019 (hereinafter, "the Office Action") regarding U.S. Trademark Serial No. 88329043 (hereinafter, "the Application") for the word mark LASSEN (hereinafter, "the Mark") regarding the Application. INCLUDED HEREWITH: o Fee for adding THREE (3) additional International Classes o Documentation in response to Request For Information, namely ONE (1) PDF document comprising SEVENTEEN (17) pages and containing SEVEN (7) Certificate of Analysis reports dated May 8, 2019 through May 20, 2020 Page 1 of 13 U.S. Trademark Serial No. 88329043 APPLICANT'S RESPONSE TO THE OFFICE ACTION Amendment of Goods & Services Listing In view of the requirements and directives of the Office Action, Applicant respectfully requests that the Goods & Services listing for the Application be amended as follows: NEW IC 003: Topical non-medicated lotions containing CBD; Topical non- medicated lotions containing cannabinoid specifically CBD, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. AMENDED IC 005: Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a portion of Cannabidiol (a.k.a CBD); Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a cannabinoid specifically CBD; Topical medicated lotions containing CBD; Topical medicated lotions containing cannabinoid specifically CBD; Dietary supplement containing CBD; Dietary supplement containing cannabinoid specifically CBD; Medicinal food supplement containing CBD; Medicinal food supplement containing cannabinoid specifically CBD; Herbal dietary and nutritional supplements containing CBD; Herbal dietary and nutritional supplements containing cannabinoid specifically CBD; Wellness beverages, namely, nutritionally fortified beverages containing CBD for medical purposes; Wellness beverages, namely, nutritionally fortified beverages containing cannabinoid specifically CBD for medical purposes; Tinctures of CBD dissolved in an alcoholic solvent as a dietary supplement; Tinctures of at least one containing cannabinoid specifically CBD dissolved in an alcoholic solvent as a dietary supplement; Beverages containing CBD for use as a nutritional supplements; and Herbal dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic and medical Page 2 of 13 U.S. Trademark Serial No. 88329043 purposes and otherwise, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. NEW IC 030: Wellness beverages, namely, herbal beverages containing CBD; Wellness beverages, namely, herbal food beverages containing cannabinoid, specifically CBD, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. NEW IC 032: Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing CBD; Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing cannabinoid specifically CBD; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. CBD-Related Goods - No Bona Fide Intent to Lawfully Use in Commerce The Office Action refuses registration of the Mark as lacking a bona fide intention to lawfully use the Mark in commerce, as the Goods & Services listing previously filed could be reasonably interpreted as broad enough in scope to include goods that are unlawful to offer for sale. Applicant respectfully notes that the Goods & Services listing of the Application is currently amended to address this and other concerns, and recites as follows: IC 003: Topical non-medicated lotions containing CBD; Topical non- medicated lotions containing cannabinoid specifically CBD, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. Page 3 of 13 U.S. Trademark Serial No. 88329043 IC 005: Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a portion of Cannabidiol (CBD); Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a cannabinoid specifically CBD; Topical medicated lotions containing CBD; Topical medicated lotions containing cannabinoid specifically CBD; Dietary supplement containing CBD; Dietary supplement containing cannabinoid specifically CBD; Medicinal food supplement containing CBD; Medicinal food supplement containing cannabinoid specifically CBD; Herbal dietary and nutritional supplements containing CBD; Herbal dietary and nutritional supplements containing cannabinoid specifically CBD; Wellness beverages, namely, nutritionally fortified beverages containing CBD for medical purposes; Wellness beverages, namely, nutritionally fortified beverages containing cannabinoid specifically CBD for medical purposes; Tinctures of CBD dissolved in an alcoholic solvent as a dietary supplement; Tinctures containing cannabinoid specifically CBD dissolved in an alcoholic solvent as a dietary supplement; Beverages containing CBD for use as a nutritional supplement; and Herbal dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic and medical purposes, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. IC 030: Wellness beverages, namely, herbal beverages containing CBD; Wellness beverages, namely, herbal food beverages containing cannabinoid, specifically CBD, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. IC 032: Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing CBD; Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing cannabinoid specifically CBD; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. Page 4 of 13 U.S. Trademark Serial No. 88329043 Applicant respectfully refers to enclosed Certificates of Analysis confirming chemical composition of Applicant's products. Applicant respectfully offers that the Goods & Services listing as currently amended herein clarifies which items, out of a large category of goods that contains some prohibited types, are actually offered and specifically excludes all unlawful forms of cannabis-based products as current laws apply. Applicant respectfully attests that no unlawful embodiments were ever intended, none have ever been produced or sold in connection with the Mark, and the previously-filed Goods & Services listing should be viewed as only an insufficiently precise categorization. Applicant respectfully submits that the current amendment specifically excluding prohibited categories of cannabis-related products, as well as the statements given below in response to the questions of the Office Action, unambiguously reflect the Applicant's genuine intent to use the Mark lawfully in commerce, and that the grounds for refusal of registration of the Application are traversed. FDCA Refusal - No Bona Fide Intent to Lawfully Use in Commerce The Office Action refuses registration of the Mark as lacking a bona fide intention to lawfully use the Mark in commerce, as the Goods & Services listing previously filed could be reasonably interpreted as broad enough in scope to include goods that are unlawful to offer for sale. Applicant respectfully notes that the Goods & Services listing of the Application is currently amended to address this and other concerns, and recites as follows: IC 003: Topical non-medicated lotions containing CBD; Topical non- medicated lotions containing cannabinoid specifically CBD, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. Page 5 of 13 U.S. Trademark Serial No. 88329043 IC 005: Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a portion of Cannabidiol (CBD); Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a cannabinoid specifically CBD; Topical medicated lotions containing CBD; Topical medicated lotions containing cannabinoid specifically CBD; Dietary supplement containing CBD; Dietary supplement containing cannabinoid specifically CBD; Medicinal food supplement containing CBD; Medicinal food supplement containing cannabinoid specifically CBD; Herbal dietary and nutritional supplements containing CBD; Herbal dietary and nutritional supplements containing cannabinoid specifically CBD; Wellness beverages, namely, nutritionally fortified beverages containing CBD for medical purposes; Wellness beverages, namely, nutritionally fortified beverages containing cannabinoid specifically CBD for medical purposes; Tinctures of CBD dissolved in an alcoholic solvent as a dietary supplement; Tinctures containing cannabinoid specifically CBD dissolved in an alcoholic solvent as a dietary supplement; Beverages containing CBD for use as a nutritional supplement; and Herbal dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic and medical purposes, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. IC 030: Wellness beverages, namely, herbal beverages containing CBD; Wellness beverages, namely, herbal food beverages containing cannabinoid, specifically CBD, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. IC 032: Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing CBD; Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing cannabinoid specifically CBD; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. Page 6 of 13 U.S. Trademark Serial No. 88329043 Applicant respectfully refers to enclosed Certificates of Analysis confirming chemical composition of Applicant's products. Applicant respectfully offers that the Goods & Services listing as currently amended herein clarifies which items, out of a large category of goods that contains some prohibited types, are actually offered and specifically excludes all unlawful forms of cannabis-based products as current laws apply. Applicant respectfully attests that no unlawful embodiments were ever intended, none have ever been produced or sold in connection with the Mark, and the previously-filed Goods & Services listing should be viewed as only an insufficiently precise categorization. Applicant respectfully submits that the current amendment specifically excluding prohibited categories of cannabis-related products, as well as the statements given below in response to the questions of the Office Action, unambiguously reflect the Applicant's genuine intent to use the Mark lawfully in commerce, and that the grounds for refusal of registration of the Application are traversed. Identification of Goods - Amendment Required Applicant respectfully acknowledges the assertion of the Office Action that the previously filed Goods & Services listing is too broad and indefinite. Applicant respectfully submits that the Goods & Services listing of the Application is currently amended to address this and other concerns, and currently recites as follows: IC 003: Topical non-medicated lotions containing CBD; Topical non- medicated lotions containing cannabinoid specifically CBD, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. IC 005: Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a portion of Cannabidiol (CBD); Medicinal skincare products, namely, medicated lotions, creams, gels, and salves containing a Page 7 of 13 U.S. Trademark Serial No. 88329043 cannabinoid specifically CBD; Topical medicated lotions containing CBD; Topical medicated lotions containing cannabinoid specifically CBD; Dietary supplement containing CBD; Dietary supplement containing cannabinoid specifically CBD; Medicinal food supplement containing CBD; Medicinal food supplement containing cannabinoid specifically CBD; Herbal dietary and nutritional supplements containing CBD; Herbal dietary and nutritional supplements containing cannabinoid specifically CBD; Wellness beverages, namely, nutritionally fortified beverages containing CBD for medical purposes; Wellness beverages, namely, nutritionally fortified beverages containing cannabinoid specifically CBD for medical purposes; Tinctures of CBD dissolved in an alcoholic solvent as a dietary supplement; Tinctures containing cannabinoid specifically CBD dissolved in an alcoholic solvent as a dietary supplement; Beverages containing CBD for use as a nutritional supplement; and Herbal dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic and medical purposes, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. IC 030: Wellness beverages, namely, herbal beverages containing CBD; Wellness beverages, namely, herbal food beverages containing cannabinoid, specifically CBD, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. IC 032: Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing CBD; Wellness beverages, namely, fruit juices and energy drinks containing nutritional supplements containing cannabinoid specifically CBD; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements, wherein all of the foregoing includes THC concentration of not more than 0.3% on a dry weight basis. Applicant respectfully refers to enclosed Certificates of Analysis confirming chemical composition of Applicant's products. Page 8 of 13 U.S. Trademark Serial No. 88329043 Applicant respectfully asserts that the Goods & Services listing as currently amended constitutes a full and appropriate response to the request of the Office Action as stated, and that the Application is in suitable condition for allowance. Multiple-Class Application Requirements Applicant respectfully acknowledges the assertion of the Office Action that the Goods & Services listing of the Application as previously filed identified goods in International Classes besides those already listed for which filing fees had been previously paid, and therefore if additional International Classes were being included, these must be clearly listed and corresponding filing fees paid for them. Applicant respectfully hereby adds International Classes 003, 030, and 032 to the Goods & Services listing of this Application, and submits herewith the appropriate additional fees. English Translation Requirement Applicant respectfully submits the following translation statement in accordance with the requirement of the Office Action: The English translation of "LASSEN" in the Mark is "let or leave". Information About Goods Requirement In accordance with the requirement of the Office Action for information, Applicant respectfully offers in response the attached documents as listed, the answers to the Office Action questions as given below, and the following written statement regarding compliance with the Controlled Substances Act (CSA), 21 USC §§ 801-971: Applicant respectfully states and affirms that all goods and services identified in the Application are in full compliance with the Controlled Substances Act Page 9 of 13 U.S. Trademark Serial No. 88329043 (CSA), 21 USC §§ 801-971, and all United States laws regarding controlled substances such as drugs. In accordance with the requirement of the Office Action, Applicant respectfully offers the following written statements in answer to the questions posed by the Office Action: 1. Do or will the goods include cannabidiol (CBD)? Yes, the goods do and will include cannabidiol (CBD). 2. If so, will there be more than a trace amount of CBD in the goods, e.g. more than 50 parts per million (PPM)? Yes, there will be more than a trace amount (50 PPM) of CBD in the goods. 3. If applicant has any documentation relative to the CBD content of the oils, extracts or derivatives used or to be used in the goods, please submit them with the response. Please find attached herewith the following documentation regarding the content of Lassen products: Documentation in response to Request For Information, namely ONE (1) PDF document comprising SEVENTEEN (17) pages and containing SEVEN (7) Certificate of Analysis reports dated May 8, 2019 through May 20, 2020, produced by routine Quality Assurance testing and analysis of the chemical composition of Lassen products by multiple laboratories including Folium Biosciences of Colorado Springs, CO; Botanacor of Boulder, CO; and SCLabs of Santa Cruz, CA. 4. Do or will any of applicant's identified goods include or contain hemp seed oil? Page 10 of 13 U.S. Trademark Serial No. 88329043 Yes, at least some of applicant's identified goods include or contain hemp seed oil. 5. Which part or parts of the hemp plant are used in obtaining the oils, extracts, ingredients or derivatives? The parts of the hemp plant used in obtaining the oils, extracts, ingredients, and derivatives comprise the leaves, bud, and stem. 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)? No, the Applicant's identified goods presently and will contain only CBD derived from Cannabis sativa L. 7. What other cannabinoid are included or contained in the applicant's goods? All current and intended products include or will include broad spectrum CBD, which can include various levels of other cannabinoids. All products undergo rigorous testing and extract all traces of THC and illegal derivatives. 8. Do or will any of applicant's identified goods have therapeutic or medical benefits that affect the structure or function of the body? Yes, to the extent that there is a volume of peer-reviewed medical literature holding that CBD has medical benefits, and CBD is in this product. There are presently commercially-available FDA-approved CBD products that have been shown to have medical benefits. Page 11 of 13 U.S. Trademark Serial No. 88329043 9. Is applicant currently seeking FDA approval of the marketing of its goods identified in the application? No, applicant is not currently seeking FDA approval of the marketing of the goods identified in the application. 10. If the answer to Question 9 is "yes," please provide a copy of such application. N/A. 11. Applicant must provide a written statement explaining whether the goods will be manufactured, packaged, shipped from, sold in or will have any other connection with the geographic location named in the mark, specifically Lassen, California. No, the Application's manufacture, packaging, shipping, marketing of goods, and any other business activities under the Mark have no connection with Lassen, California. CONCLUSION AND ALLOWABILITY Applicant respectfully submits that the grounds for refusal of registration of the Application are traversed by at least the material offered herein. Applicant therefore respectfully prays for allowance of the Application. If any matters can be resolved by telephone, Applicant requests that the Examiner call the Applicant's attorney at the telephone number listed below. Respectfully submitted, By: ______/PATRICK REILLY/____________________ PATRICK REILLY, Esq. Page 12 of 13 U.S. Trademark Serial No. 88329043 Patrick Reilly, Esq. Member of CA State Bar P.O. Box 7218 Santa Cruz, CA 95061 TEL: (831) 332 7127 Page 13 of 13 U.S. Trademark Serial No. 88329043

Original PDF file:
mis-2601647c8009da085397f 3cc568b13e-20200522145244 746855_._88329043_LASSEN_ TM_Response_EFILED_200522 -PTRA.pdf
Converted PDF file(s) ( 13 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5Miscellaneous File6Miscellaneous File7Miscellaneous File8Miscellaneous File9Miscellaneous File10Miscellaneous File11Miscellaneous File12Miscellaneous File13
Original PDF file:
mis-2601647c8009da085397f 3cc568b13e-20200522145244 746855_._88329043_LASSEN_ TM_CERTIFICATES_EFILED_20 0522-PTRA_.pdf
Converted PDF file(s) ( 17 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5Miscellaneous File6Miscellaneous File7Miscellaneous File8Miscellaneous File9Miscellaneous File10Miscellaneous File11Miscellaneous File12Miscellaneous File13Miscellaneous File14Miscellaneous File15Miscellaneous File16Miscellaneous File17

The owner's/holder's current attorney information: PATRICK T REILLY. PATRICK T REILLY, is located at

      P.O. BOX 7218
      SANTA CRUZ, California 95061-7218
      United States
      The phone number is 831-332-7127.
      The email address is patrick.reilly@ipsociety.net

The owner's/holder's proposed attorney information: PATRICK T REILLY. PATRICK T REILLY of PTR PROF LAW CORP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 7218
      SANTA CRUZ, California 95061-7218
      United States
The docket/reference number is INB-001-TMW.
      The phone number is 831-332-7127.
      The email address is patrick.reilly@ipsociety.net

PATRICK T REILLY 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):
      PATRICK T REILLY
      PRIMARY EMAIL FOR CORRESPONDENCE: patrick.reilly@ipsociety.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      PATRICK T REILLY
      PRIMARY EMAIL FOR CORRESPONDENCE: patrick.reilly@ipsociety.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kgrave@inboldinc.com; khansen@inboldinc.com

The docket/reference number is INB-001-TMW.

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).

FEE(S)
Fee(s) in the amount of $825 is being submitted.

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: /PATRICK T. REILLY/      Date: 05/22/2020
Signatory's Name: PATRICK T. REILLY
Signatory's Position: Attorney of Record
Signatory's Phone Number: 831.332.7127


Response Signature
Signature: /PATRICK T. REILLY/     Date: 05/22/2020
Signatory's Name: PATRICK T. REILLY
Signatory's Position: Attorney of Record

Signatory's Phone Number: 831.332.7127

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:    PATRICK T REILLY
   
   
   P.O. BOX 7218
   SANTA CRUZ, California 95061-7218
Mailing Address:    PATRICK T REILLY
   PTR PROF LAW CORP
   P.O. BOX 7218
   SANTA CRUZ, California 95061-7218
        
RAM Sale Number: 88329043
RAM Accounting Date: 05/22/2020
        
Serial Number: 88329043
Internet Transmission Date: Fri May 22 15:07:13 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200522150713445316-88329043-7
10abf6c4b75fde0bbf60ea655c4e438c54587c77
4d643e0cf123583906e15d2-CC-07114787-2020
0522145244746855