To: | John Boyle (john@johnsCBD.com) |
Subject: | U.S. Trademark Application Serial No. 88341567 - OMNI OIL - N/A |
Sent: | March 10, 2020 11:43:01 AM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88341567
Mark: OMNI OIL
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Correspondence Address:
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Applicant: John Boyle
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: March 10, 2020
This Office action is in response to applicant’s communication filed on February 13, 2020.
The following refusals are continued and maintained:
- Unlawful Use in Commerce Refusal – Controlled Substances Act
- Unlawful Use in Commerce Refusal – FDCA
The following requirements are continued and maintained:
- Disclaimer of “OIL”
- Entity Uncertain
The following issues are now raised:
IDENTIFICATION OF GOODS – AMENDMENT BEYOND SCOPE OF ORIGINAL APPLICATION
In this case, the application originally identified the goods as follows: “Dietary and nutritional supplements containing cannabidiol.”
However, the proposed amendment identifies the following goods: “Massage and topical oil made from Hemp.”
This proposed amendment is beyond the scope of the original identification because “massage and topical oil” are completely different goods than “dietary and nutritional supplements” and removed the reference to cannabidiol. If accurate, the Identification of Goods could be amended to read “dietary and nutritional supplements in the form of massage and topical oils containing cannabidiol derived solely from hemp.”
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
DATE OF FIRST USE IN COMMERCE MUST BE DECEMBER 20, 2018 OR LATER
The Applicant amended the filing date of the Application to be December 20, 2018 to comply with the 2018 Farm Bill. However, the Date of First Use in Commerce remains before that date for each class in the application. This will need to be changed to December 20, 2018 or later, as the applied-for goods could not have been in lawful use in commerce prior to that date. The date of First Use Anywhere can remain as they are.
Therefore, applicant must provide new dates of first use of the mark in commerce, verified with an affidavit or signed declaration under 37 C.F.R. §2.20. See 37 C.F.R. §§2.34(a)(1)(iii), 2.193(e)(1); TMEP §§903, 903.04.
For an overview of the requirement for providing a verified date of first use of the mark in commerce and instructions on how to satisfy this requirement online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademark/laws-regulations/dates-use.
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Because of the legal technicalities and strict deadlines of the trademark application process, applicant is encouraged to hire a private attorney who specializes in trademark matters to assist in this process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Lindsey H. Ben/
Lindsey H. Ben
Trademark Examining Attorney
Law Office 108
Phone: (571) 272-4239
Lindsey.Ben@uspto.gov
RESPONSE GUIDANCE