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. 88334659 FOR YOUR MIND AND BODY(Standard Characters, see http://uspto.report/TM/88334659/mark.png) has been amended as follows:

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

Applicant believes that the amendment to the description of goods in Class 3, and deletion of Classes 5 and 30, address the questions raised by the Examining Attorney and that no further response to those questions is needed.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 005 for (Based on Use in Commerce) Dietary and nutritional supplements containing CBD derived from industrial hemp in the form of oils and tinctures; Dietary and nutritional supplements in the form of capsules and gel capsules containing CBD derived from industrial hemp

Applicant hereby deletes the following class of goods/services from the application.
Class 030 for (Based on Intent to Use) candy, namely, gumdrops and chocolate candies containing CBD derived from industrial hemp

Applicant proposes to amend the following:

Current:
Class 003 for (Based on Use in Commerce) lotions for skin containing CBD derived from industrial hemp; Body Oil containing CBD derived from industrial hemp
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/16/2018 and first used in commerce at least as early as 10/16/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: (Based on Use in Commerce) lotions for skin containing CBD derived from industrial hemp; Non-medicated lotions for skin containing CBD derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis; Body Oil containing CBD derived from industrial hemp; Body Oil containing CBD derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basisClass 003 for Non-medicated lotions for skin containing CBD derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis; Body Oil containing CBD derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/16/2018 and first used in commerce at least as early as 10/16/2018 , and is now in use in such commerce. Correspondence Information (current):
      Theodore R. Remaklus
      PRIMARY EMAIL FOR CORRESPONDENCE: tremaklus@whe-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usptodock@whe-law.com; bdrambarean@whe-law.com

The docket/reference number is CRONOS-23.
Correspondence Information (proposed):
      Theodore R. Remaklus
      PRIMARY EMAIL FOR CORRESPONDENCE: tremaklus@whe-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usptodock@whe-law.com; bdrambarean@whe-law.com

The docket/reference number is CRONOS-23.

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: /theodore r remaklus/     Date: 06/19/2020
Signatory's Name: Theodore R. Remaklus
Signatory's Position: Attorney for Applicant, Ohio bar member

Signatory's Phone Number: 5132412324

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:    Theodore R. Remaklus
   Wood, Herron & Evans, L.L.P.
   2700 Carew Tower
   441 Vine Street
   Cincinnati, Ohio 45202
Mailing Address:    Theodore R. Remaklus
   Wood, Herron & Evans, L.L.P.
   2700 Carew Tower
   441 Vine Street
   Cincinnati, Ohio 45202
        
Serial Number: 88334659
Internet Transmission Date: Fri Jun 19 10:04:37 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202006191004378
48490-88334659-710c5f5acfe3a2d99a1d0edab
e6d961d6a89df68c7ac27995f3eb635bbaaf3bd3
48-N/A-N/A-20200619100246303029