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. 88332231 VIREO(Standard Characters, see http://uspto.report/TM/88332231/mark.png) has been amended as follows:

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

Please see the argument attached.

EVIDENCE

Original PDF file:
evi_2041942071-2020060210 0005413054_._Response_to_ Office_Action_-_VIREO_883 32231.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_2041942071-2020060210 0005413054_._Exhibit_A.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 005 for Oil for pharmaceuticals; prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops; herbal supplements; liquid herbal supplements; topical analgesic creams; edible oil; candy; bakery goods; dried flowers; dried plants; herbs for smoking; electronic cigarette liquid (e-liquid) comprised of distillate oils; medical cannabis resources; providing online health and wellness information in the field of cannabis and cannabis-derived products

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 005 ) for medical cannabis resources, namely, providing consumer information in the field of medical cannabis
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 041 for medical cannabis resources, namely, providing information, news and commentary in the field of current events relating to medical cannabis
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 042 for medical cannabis resources, namely, providing medical and scientific research information on patient benefits and therapeutic innovations in the field of medical cannabis
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 044 for medical cannabis resources in the nature of medical information, consultancy and advisory services regarding therapeutic and medicinal uses of cannabis; providing online health and wellness information in the field of cannabis and cannabis-derived products
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Vireo Health, Inc., a corporation of Delaware, having an address of
      207 South 9th Street
      Minneapolis, Minnesota 55402
      United States

Proposed: Vireo Health, Inc., a corporation of Delaware, having an address of
      207 South 9th Street
      Minneapolis, Minnesota 55402
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Jennifer C. Debrow. Jennifer C. Debrow of GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A., is located at

      500 IDS CENTER, 80 S. 8TH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 426090US014.
      The phone number is 612-632-3357.
      The fax number is 612-632-4444.
      The email address is trademark@gpmlaw.com

The owner's/holder's proposed attorney information: Jennifer C. Debrow. Other appointed attorneys are all other attorneys associated with Lathrop GPM LLP. Jennifer C. Debrow of LATHROP GPM LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      500 IDS CENTER, 80 S. 8TH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 426090US014.
      The phone number is 612-632-3357.
      The fax number is 612-632-4444.
      The email address is trademark@lathropgpm.com

Jennifer C. Debrow 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):
      JENNIFER C. DEBROW
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@gpmlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 426090US014.
Correspondence Information (proposed):
      Jennifer C. Debrow
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@lathropgpm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 426090US014.

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
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Hannah Lutz/     Date: 06/15/2020
Signatory's Name: Hannah Lutz
Signatory's Position: Associate attorney, Lathrop GPM LLP, Wisconsin Bar Member

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:    JENNIFER C. DEBROW
   GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A.
   
   500 IDS CENTER, 80 S. 8TH STREET
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Jennifer C. Debrow
   LATHROP GPM LLP
   500 IDS CENTER, 80 S. 8TH STREET
   MINNEAPOLIS, Minnesota 55402
        
RAM Sale Number: 88332231
RAM Accounting Date: 06/15/2020
        
Serial Number: 88332231
Internet Transmission Date: Mon Jun 15 10:59:45 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2020061510594561
0930-88332231-710e98fcdea6f95a2835cd3524
82ba95e2fc5fd9e27d3ff3b286b6740fe12862ec
-DA-59443791-20200615105400192473