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. 88350376 MAPS PUBLIC BENEFIT CORPORATION(Standard Characters, see http://uspto.report/TM/88350376/mark.png) has been amended as follows:

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

The Examiner issued an Office Action on January 03, 2020 that states: CANNABIS-SPECIFIED SERVICES REFUSAL BASED ON IDENTIFICATION ? NOT IN LAWFUL USE IN COMMERCE AS OF FILING DATE PSYCHOLOGICAL RESEARCH; MEDICAL RESEARCH; SCIENTIFIC RESEARCH; PHARMACEUTICAL RESEARCH; RESEARCH AND DEVELOPMENT OF MEDICINES; RESEARCH AND DEVELOPMENT OF MEDICINAL THERAPIES; MEDICAL AND SCIENTIFIC RESEARCH IN THE FIELDS OF PSYCHOTHERAPY, MEDICAL MARIJUANA, PLANT- BASED MEDICINES, PSYCHEDELIC THERAPIES; RESEARCH SERVICES FOR MEDICAL AND PHARMACEUTICAL PURPOSES This Office Action also requires that Applicant amend its ID of services to change the wording "medical marijuana" to "hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent." However, as demonstrated by the attached Declaration of Rick Doblin and the evidence attached thereto, Applicant is conducting FDA-approved medical marijuana clinical trials. Thus, applicant requests an amendment of its ID to replace the wording "medical marijuana" to "FDA-approved" medical marijuana. Applicant thanks the Examiner for her time reviewing this application. As Mr. Doblin?s Declaration and supporting evidence prove that the services covered in this application do not violate the Controlled Substances Act (CSA), 21 U.S.C. Sec. 801-971, Applicant respectfully requests that the Examiner withdraw her refusal to register and approve this application for Publication. Should the Examiner need further amendment to the Application ID, a call is welcomed (775.833.1600)

EVIDENCE
Evidence in the nature of Declaration of Rick Doblin and Exhibits A-E thereto has been attached.
Original PDF file:
evi_24205197200-20200312202411191991_._upport_of_Response_to_OA_for_MAPS_Public_Benefit_Corporation.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_24205197200-20200312202411191991_._Doblin_Decl__Ex_A_-_HHS_Approval_12Mar2014.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_24205197200-20200312202411191991_._Doblin_Decl__Ex_B_-_PHS_Approval_11Feb2015.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_24205197200-20200312202411191991_._lin_Decl__Ex_C_-_DEA_Schedule_1_License_Sisley_exp.28Feb2017.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_24205197200-20200312202411191991_._Doblin_Decl__Ex_D_-_LOAtoFDA_Sig_03Jun2015_03.04.01.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_24205197200-20200312202411191991_._Decl__Ex_E_-_FDA_RemoveFullClinicalHoldLtr_2Sep2015_03.04.01.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 042 for Psychological research; Medical research; Scientific research; Pharmaceutical research; Research and development of medicines; Research and development of medicinal therapies; Medical and scientific research in the fields of psychotherapy, medical marijuana, plant-based medicines, psychedelic therapies; Providing medical and scientific research information in the field of clinical trials; Providing medical and scientific research information in the fields of psychedelic research, psychotherapeutic treatments and therapies, MDMA therapies, medical marijuana, LSD-assisted psychotherapy, Ibogaine-assisted treatment, Ayahuasca-assisted therapy; Conducting scientific feasibility studies; Technical research in the field of pharmaceutical studies; Technical consulting in the field of pharmaceutical studies; Research services for medical and pharmaceutical purposes
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 02/13/2015 and first used in commerce at least as early as 02/13/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Psychological research; Medical research; Scientific research; Pharmaceutical research; Research and development of medicines; Research and development of medicinal therapies; Medical and scientific research in the fields of psychotherapy, medical marijuana, plant-based medicines, psychedelic therapies; Medical and scientific research in the fields of psychotherapy, plant-based medicines, psychedelic therapies and FDA-approved medical marijuana; Providing medical and scientific research information in the field of clinical trials; Providing medical and scientific research information in the fields of psychedelic research, psychotherapeutic treatments and therapies, MDMA therapies, medical marijuana, LSD-assisted psychotherapy, Ibogaine-assisted treatment, Ayahuasca-assisted therapy; Providing medical and scientific research information in the fields of psychedelic research, psychotherapeutic treatments and therapies, MDMA therapies, LSD-assisted psychotherapy, Ibogaine-assisted treatment, Ayahuasca-assisted therapy and FDA-Approved medical marijuana; Conducting scientific feasibility studies; Technical research in the field of pharmaceutical studies; Technical consulting in the field of pharmaceutical studies; Research services for medical and pharmaceutical purposesClass 042 for Psychological research; Medical research; Scientific research; Pharmaceutical research; Research and development of medicines; Research and development of medicinal therapies; Medical and scientific research in the fields of psychotherapy, plant-based medicines, psychedelic therapies and FDA-approved medical marijuana; Providing medical and scientific research information in the field of clinical trials; Providing medical and scientific research information in the fields of psychedelic research, psychotherapeutic treatments and therapies, MDMA therapies, LSD-assisted psychotherapy, Ibogaine-assisted treatment, Ayahuasca-assisted therapy and FDA-Approved medical marijuana; Conducting scientific feasibility studies; Technical research in the field of pharmaceutical studies; Technical consulting in the field of pharmaceutical studies; Research services for medical and pharmaceutical purposes
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 02/13/2015 and first used in commerce at least as early as 02/13/2015 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: MAPS Public Benefit Corporation a(n) public benefit corporation, legally organized under the laws of Delaware, having an address of
      1115 Mission Street
      Santa Cruz, California 95060
      United States

Proposed: MAPS Public Benefit Corporation, public benefit corporation legally organized under the laws of Delaware, having an address of
      1115 Mission Street
      Santa Cruz, California 95060
      United States
      Email Address: XXXX
Correspondence Information (current):
      Lara Pearson
      PRIMARY EMAIL FOR CORRESPONDENCE: Lara@BrandGeek.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Ramsey@BrandGeek.net
Correspondence Information (proposed):
      Lara Pearson
      PRIMARY EMAIL FOR CORRESPONDENCE: Lara@BrandGeek.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Ramsey@BrandGeek.net

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: /Lara Pearson/     Date: 03/12/2020
Signatory's Name: Lara Pearson
Signatory's Position: Atty NV

Signatory's Phone Number: 7758331600

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:    Lara Pearson
   BRAND GEEK/ LAW OFFICE OF LARA PEARSON LTD, PBC
   
   774 MAYS BLVD., NO. 10-405
   INCLINE VILLAGE, Nevada 89451
Mailing Address:    Lara Pearson
   BRAND GEEK/ LAW OFFICE OF LARA PEARSON LTD, PBC
   774 MAYS BLVD., NO. 10-405
   INCLINE VILLAGE, Nevada 89451
        
Serial Number: 88350376
Internet Transmission Date: Thu Mar 12 20:33:45 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003122033451
12158-88350376-71073e462182ab68fd2a37561
b8c3b2b530c13e7ce4bb70daa7e3637327d016ef
69-N/A-N/A-20200312202411191991