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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88407258 STANDARD(Standard Characters, see http://uspto.report/TM/88407258/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 004 for Oils; essential oils; oils for food; oils for beverages; oils for gummies; oils for electronic cigarettes; oils for electronic cigarette cartridges; oils for vape pens; oils for vape pen cartridges; oils for smoking substances; oils for tinctures; lotions; oils for applying to the skin and/or body; e-liquids; resins; tinctures; tobacco substitutes; smokers' articles; electronic cigarettes; vape pens; cartridges; electronic cigarette cartridges; vape pen cartridges; electronic cigarette chargers; vape pen chargers; batteries for electronic cigarettes; batteries for vape pens; chargers for batteries; gummies; foods; foods for animals; pet treats; beverages; medicinal products; medicinal services; dietary supplements; aromatherapy products; manufacturing services; oil services; wholesale services; distributorship services; retail services; consulting services; clothing; apparel; hats; stickers; online content; online publications; online blogs; providing a website; written materials; providing information, news and commentary; providing information and news; providing non-downloadable articles; providing non-downloadable online videos; educational services; entertainment services
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.


Proposed:

Tracked Text Description: Oils; Class 1: "Oils, namely, extracted plant oils for use in the manufacture of oil for smoking, oil for cosmetic lotions, oil for cosmetics; essential oils; none of the foregoing plant oils comprised of Cannabis sativa L with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 3: "Oils, namely, plant oils, essential oils, scented oils and flavored oils, for use in smoking, refilling electronic cigarettes, and electronic cigarette cartridges sold pre-filled; oils for food; cosmetic oils for applying to the skin and body; oils for beverages; cosmetic lotions for the skin and body; oils for gummies; none of the foregoing comprised of Cannabis sativa L with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 25: "Clothing and apparel, namely, hats, shirts, shorts, jackets, pants, caps, sweatshirts, tops, blouses, socks, gloves, underwear, swimwear, rainwear." Class 34: "Smokers articles, namely, pipes, cigarette rolling papers, cigarettes, cigars, cigarette rolling mats, tobacco grinders, lighters for smokers, flavored oils, not including essential oils, for use in refilling electronic cigarettes, vape pens and cartridges for electronic cigarettes and vape pens; oils for electronic cigarettes; flavorings other than essential oils for use in connection with smoking substances, namely, tobacco and smoking herbs; oils for electronic cigarette cartridges; tobacco substitutes; oils for vape pens; electronic cigarettes; oils for vape pen cartridges; oral smokeless vape pens; oils for smoking substances; cartridges, sold empty, for electronic cigarettes and oral smokeless vape pens; oils for tinctures; electronic cigarette cartridges and oral smokeless vape pen cartridges sold prefilled with flavored oils, other than essential oils; lotions; resins in the nature of processed plant resins for use in smoking; oils for applying to the skin and/or body; none of the foregoing comprised of Cannabis sativa L, or any oils, extracts or derivatives thereof (or for use in smoking, vaping, preparing or inhaling Cannabis sativa L, or any oils, extracts or derivatives thereof) with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 35: "Retail and wholesale store services, featuring oils for smoking, clothing, cosmetic lotions, smoker's articles; e-liquids; none of the foregoing goods featured comprised of Cannabis sativa L (or any oils, extracts or derivatives thereof, or for use in smoking, vaping, preparing or inhaling Cannabis sativa L, or any oils, extracts or derivatives therefor) with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis; resins; Online retail and wholesale store services featuring oils for smoking, clothing, cosmetic lotions, smoker's articles; tinctures; none of the foregoing goods featured comprised of Cannabis sativa L (or any oils, extracts or derivatives thereof, or for use in smoking, vaping, preparing or inhaling Cannabis sativa L, or any oils, extracts or derivatives therefor) with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis; Distributorship services featuring oils for smoking, clothing, cosmetic lotions, smoker's articles; smokers' articles; none of the foregoing goods featured comprised of Cannabis sativa L (or any oils, extracts or derivatives thereof, or for use in smoking, vaping, preparing or inhaling Cannabis sativa L, or any oils, extracts or derivatives therefor) with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 35: "Providing a website featuring news and information in the field of business, consumer product information, economic information related to cannabis; and Consulting services, namely, business and business management, marketing, advertising and promotions, retail and wholesale sale." Class 40: "Manufacturing services, namely, processing of plants and custom manufacture of oils, namely, plant oils, essential oils, scented oils and flavored oils; vape pens; none of the foregoing comprised of Cannabis sativa L with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis; cartridges; Oil services, namely, processing of oils; electronic cigarette cartridges; none of the foregoing comprised of Cannabis sativa L with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 40: "Consulting services in the field of processing of plants and custom manufacture of oils, namely, plant oils, essential oils, scented oils and flavored oils."; vape pen cartridges; electronic cigarette chargers; vape pen chargers; batteries for electronic cigarettes; batteries for vape pens; chargers for batteries; gummies; foods; foods for animals; pet treats; beverages; medicinal products; medicinal services; dietary supplements; aromatherapy products; manufacturing services; oil services; wholesale services; distributorship services; retail services; consulting services; clothing; apparel; hats; stickers; online content; online publications; online blogs; providing a website; written materials; providing information, news and commentary; providing information and news; providing non-downloadable articles; providing non-downloadable online videos; educational services; entertainment servicesClass 004 for Class 1: "Oils, namely, extracted plant oils for use in the manufacture of oil for smoking, oil for cosmetic lotions, oil for cosmetics; none of the foregoing plant oils comprised of Cannabis sativa L with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 3: "Oils, namely, plant oils, essential oils, scented oils and flavored oils, for use in smoking, refilling electronic cigarettes, and electronic cigarette cartridges sold pre-filled; cosmetic oils for applying to the skin and body; cosmetic lotions for the skin and body; none of the foregoing comprised of Cannabis sativa L with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 25: "Clothing and apparel, namely, hats, shirts, shorts, jackets, pants, caps, sweatshirts, tops, blouses, socks, gloves, underwear, swimwear, rainwear." Class 34: "Smokers articles, namely, pipes, cigarette rolling papers, cigarettes, cigars, cigarette rolling mats, tobacco grinders, lighters for smokers, flavored oils, not including essential oils, for use in refilling electronic cigarettes, vape pens and cartridges for electronic cigarettes and vape pens; flavorings other than essential oils for use in connection with smoking substances, namely, tobacco and smoking herbs; tobacco substitutes; electronic cigarettes; oral smokeless vape pens; cartridges, sold empty, for electronic cigarettes and oral smokeless vape pens; electronic cigarette cartridges and oral smokeless vape pen cartridges sold prefilled with flavored oils, other than essential oils; resins in the nature of processed plant resins for use in smoking; none of the foregoing comprised of Cannabis sativa L, or any oils, extracts or derivatives thereof (or for use in smoking, vaping, preparing or inhaling Cannabis sativa L, or any oils, extracts or derivatives thereof) with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 35: "Retail and wholesale store services, featuring oils for smoking, clothing, cosmetic lotions, smoker's articles; none of the foregoing goods featured comprised of Cannabis sativa L (or any oils, extracts or derivatives thereof, or for use in smoking, vaping, preparing or inhaling Cannabis sativa L, or any oils, extracts or derivatives therefor) with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis; Online retail and wholesale store services featuring oils for smoking, clothing, cosmetic lotions, smoker's articles; none of the foregoing goods featured comprised of Cannabis sativa L (or any oils, extracts or derivatives thereof, or for use in smoking, vaping, preparing or inhaling Cannabis sativa L, or any oils, extracts or derivatives therefor) with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis; Distributorship services featuring oils for smoking, clothing, cosmetic lotions, smoker's articles; none of the foregoing goods featured comprised of Cannabis sativa L (or any oils, extracts or derivatives thereof, or for use in smoking, vaping, preparing or inhaling Cannabis sativa L, or any oils, extracts or derivatives therefor) with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 35: "Providing a website featuring news and information in the field of business, consumer product information, economic information related to cannabis; and Consulting services, namely, business and business management, marketing, advertising and promotions, retail and wholesale sale." Class 40: "Manufacturing services, namely, processing of plants and custom manufacture of oils, namely, plant oils, essential oils, scented oils and flavored oils; none of the foregoing comprised of Cannabis sativa L with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis; Oil services, namely, processing of oils; none of the foregoing comprised of Cannabis sativa L with a delta-9 tetrahydrocannabinol (THC) content of more than 0.3 percent on a dry weight basis." Class 40: "Consulting services in the field of processing of plants and custom manufacture of oils, namely, plant oils, essential oils, scented oils and flavored oils."
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: STANDARD EXTRACTS, LLC, a limited liability company legally organized under the laws of California, having an address of
      1271 Evergreen Road, #722
      Redway, California 95560
      United States

Proposed: STANDARD EXTRACTS, LLC, a limited liability company legally organized under the laws of California, having an address of
      1271 Evergreen Road, #722
      Redway, California 95560
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Mark Shkolnik. Mark Shkolnik of SGC LAW, is located at

      1572 ELON LANE
      ENCINITAS, California 92024
      United States
      The phone number is 773-339-5647.
      The email address is mark@shkolnikgc.com

The owner's/holder's proposed attorney information: Mark Shkolnik. Mark Shkolnik of SGC LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1572 ELON LANE
      ENCINITAS, California 92024
      United States
      The phone number is 773-339-5647.
      The email address is mark@shkolnikgc.com

Mark Shkolnik 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):
      MARK SHKOLNIK
      PRIMARY EMAIL FOR CORRESPONDENCE: mark@shkolnikgc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mshkolnik@saalegal.com
Correspondence Information (proposed):
      Mark Shkolnik
      PRIMARY EMAIL FOR CORRESPONDENCE: mark@shkolnikgc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mshkolnik@saalegal.com

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: /mjs/     Date: 10/13/2020
Signatory's Name: Mark Shkolnik
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 773-339-5647

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:    MARK SHKOLNIK
   SGC LAW
   
   1572 ELON LANE
   ENCINITAS, California 92024
Mailing Address:    Mark Shkolnik
   SGC LAW
   1572 ELON LANE
   ENCINITAS, California 92024
        
Serial Number: 88407258
Internet Transmission Date: Tue Oct 13 13:45:34 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020101313453478
1438-88407258-75028a72bb266f11226426b345
78e9d6dfbe592c2a87783e2c2b61bf44dbd6b62f
-N/A-N/A-20201013134112472651