Response to Office Action

KUSHY

More Agency, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88340795
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK mark
LITERAL ELEMENT KUSHY
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.
OWNER SECTION (current)
NAME More Agency, Inc.
MAILING ADDRESS 6645 Allott Avenue
CITY Van Nuys
STATE California
ZIP/POSTAL CODE 91401
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME More Agency, Inc.
MAILING ADDRESS 6645 Allott Avenue
CITY Van Nuys
STATE California
ZIP/POSTAL CODE 91401
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
ARGUMENT(S)

Response

The February 7, 2020 Office Action has been reviewed in detail. In short, the goods in Classes 005 and 030 (retained herein after Applicant filed a Request to Divide) were initially refused registration in view of an alleged potential likelihood of confusion with pending U.S. Appl. No. 88/090,376 for “KUSHIE CARAMELS” for use in connection with “Medicinal herbal preparations containing industrial hemp seed oil and cannabidiol, all of the foregoing containing ‘hemp’ as defined in the 2018 Farm Bill, which contains less than 0.3% THC”. In view thereof, Applicant respectfully requests suspension of the present application pending final disposition of the ‘376 Application.

Applicant respectfully reserves the right to address the likelihood of confusion refusal under Section 2(d), and all other issues in the Office Action, at a later date.
CORRESPONDENCE INFORMATION (current)
NAME Scott M. Lowry
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE scott@lawlb.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER MORE-55932
CORRESPONDENCE INFORMATION (proposed)
NAME Scott M. Lowry
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE scott@lawlb.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER MORE-55932
SIGNATURE SECTION
RESPONSE SIGNATURE /Scott M. Lowry/
SIGNATORY'S NAME Scott M. Lowry
SIGNATORY'S POSITION Attorney of Record, California bar member
SIGNATORY'S PHONE NUMBER 818-584-6460
DATE SIGNED 03/19/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Mar 19 13:01:11 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
200319130111741383-883407
95-710a34ac36073f619bf175
1fcb1c5039b7c281b8f4416a6
9c713debe8215d5a368-N/A-N
/A-20200319123934927170



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. 88340795 KUSHY(Standard Characters, see http://uspto.report/TM/88340795/mark.png) has been amended as follows:

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

Response

The February 7, 2020 Office Action has been reviewed in detail. In short, the goods in Classes 005 and 030 (retained herein after Applicant filed a Request to Divide) were initially refused registration in view of an alleged potential likelihood of confusion with pending U.S. Appl. No. 88/090,376 for “KUSHIE CARAMELS” for use in connection with “Medicinal herbal preparations containing industrial hemp seed oil and cannabidiol, all of the foregoing containing ‘hemp’ as defined in the 2018 Farm Bill, which contains less than 0.3% THC”. In view thereof, Applicant respectfully requests suspension of the present application pending final disposition of the ‘376 Application.

Applicant respectfully reserves the right to address the likelihood of confusion refusal under Section 2(d), and all other issues in the Office Action, at a later date.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: More Agency, Inc., a corporation of California, having an address of
      6645 Allott Avenue
      Van Nuys, California 91401
      United States

Proposed: More Agency, Inc., a corporation of California, having an address of
      6645 Allott Avenue
      Van Nuys, California 91401
      United States
      Email Address: XXXX
Correspondence Information (current):
      Scott M. Lowry
      PRIMARY EMAIL FOR CORRESPONDENCE: scott@lawlb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is MORE-55932.
Correspondence Information (proposed):
      Scott M. Lowry
      PRIMARY EMAIL FOR CORRESPONDENCE: scott@lawlb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is MORE-55932.

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: /Scott M. Lowry/     Date: 03/19/2020
Signatory's Name: Scott M. Lowry
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 818-584-6460

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:    Scott M. Lowry
   LOWRY BLIXSETH APC
   
   23632 CALABASAS ROAD, STE. 201
   CALABASAS, California 91302
Mailing Address:    Scott M. Lowry
   LOWRY BLIXSETH APC
   23632 CALABASAS ROAD, STE. 201
   CALABASAS, California 91302
        
Serial Number: 88340795
Internet Transmission Date: Thu Mar 19 13:01:11 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200319130111741
383-88340795-710a34ac36073f619bf1751fcb1
c5039b7c281b8f4416a69c713debe8215d5a368-
N/A-N/A-20200319123934927170



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