Trademark/Service Mark Application, Principal Register
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 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2021)
Trademark/Service Mark Application, Principal Register
The mark consists of standard characters, without claim to any particular font style, size, or color.
REGISTER
Principal
APPLICANT INFORMATION
*OWNER OF MARK
Aphria Inc.
*STREET
265 Talbot Street West
*CITY
Leamington
*COUNTRY
Canada
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)
N8H4H3
LEGAL ENTITY INFORMATION
TYPE
corporation
STATE/COUNTRY OF INCORPORATION
Canada
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS
003
*IDENTIFICATION
Bath additives; bath herbs; bath oils; bath oils for cosmetic purposes; beauty care cosmetics; beauty creams for body care; beauty gels;
beauty lotions; body and beauty care cosmetics; body creams; body oils; cosmetic creams; cosmetic oils; cosmetics and make-up; face and body lotions; face and body milk; face lotion; hair care
preparations; hair styling preparations; hand cream; hand lotions; lip care preparations; lip conditioners; lip glosses; liquid soaps; massage creams; massage oils; non-medicated bubble bath
preparations; non-medicated preparations for the care of hair; non-medicated preparations for the care of skin; non-medicated preparations for the care of the scalp; non-medicated skin care
preparations; oils for toiletry purposes; skin care preparations; skin creams; skin emollients; skin lotions; skin soap; soaps for body care; soaps for personal use, each of the foregoing containing
hemp, or cannabidiol, or derivative thereof.
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
1912954
FOREIGN APPLICATION
COUNTRY
Canada
FOREIGN FILING DATE
12/06/2018
INTENT TO
PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the
submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
INTERNATIONAL CLASS
005
*IDENTIFICATION
Hemp or cannabidiol related products, namely oils, salves, concentrated pastes, tinctures, tablets and capsules, each containing cannabidiol
or derivatives thereof; oils, salves, concentrated pastes, tinctures, tablets and capsules each containing resins and oils derived from hemp; nutraceuticals for medicinal purposes for the relief of
pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for
management of opioid addiction and relief of epilepsy; nutraceuticals for medicinal purposes containing cannabidiol or derivatives thereof for the relief of pain, for relaxation, for reducing stress
and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of
epilepsy; nutraceuticals for medicinal purposes containing derivatives of hemp, namely, resins and oils for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement,
for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; topical skin creams, bar
and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and skin care preparations each containing derivatives of hemp
for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a
sleep aid; personal sexual lubricants; transdermal patches containing cannabidiol or derivatives thereof for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement,
for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; oral sprays containing
cannabidiol for medicinal use for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for
relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; hemp, cannabidiol or derivatives thereof for medicinal use; hemp, cannabidiol related product,
namely, oils for medicinal use for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for
relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; oils derived from hemp for medicinal use for the relief of pain, for relaxation, for reducing
stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and
relief of epilepsy.
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
1912954
FOREIGN APPLICATION
COUNTRY
Canada
FOREIGN FILING DATE
12/06/2018
INTENT TO
PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the
submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
INTERNATIONAL CLASS
029
*IDENTIFICATION
Oils and resins derived from hemp for use as comestibles; hemp or cannabidiol related product, namely, oils for use as comestibles; oils
derived from hemp or cannabidiol for use as comestibles; food products containing hemp, cannabidiol, resins and cannabidiol oils, namely butter.
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
1912954
FOREIGN APPLICATION
COUNTRY
Canada
FOREIGN FILING DATE
12/06/2018
INTENT TO
PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the
submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
INTERNATIONAL CLASS
030
*IDENTIFICATION
Food products containing hemp, cannabidiol or derivatives thereof namely chocolates, cookies, brownies, candy and food energy bars; tea namely
teas containing hemp, cannabidiol or derivatives thereof, and teas containing hemp, cannabidiol or derivatives thereof.
FILING BASIS
SECTION 1(b)
INTERNATIONAL CLASS
031
*IDENTIFICATION
Live hemp plants; Hemp seeds
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
1912954
FOREIGN APPLICATION
COUNTRY
Canada
FOREIGN FILING DATE
12/06/2018
INTENT TO
PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the
submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
INTERNATIONAL CLASS
032
*IDENTIFICATION
Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing hemp, cannabidiol or derivatives
thereof.
FILING BASIS
SECTION 1(b)
INTERNATIONAL CLASS
034
*IDENTIFICATION
Smokers' articles, namely, grinders for use with hemp; dried hemp; derivatives of hemp, namely resins and oils, not for medical use;
cannabidiol and hemp for recreational use; smokers' articles, namely, smoking pipes, pouches for use with hemp, lighters for smokers, oral vaporizers for smokers.
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
1912954
FOREIGN APPLICATION
COUNTRY
Canada
FOREIGN FILING DATE
12/06/2018
INTENT TO
PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the
submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
ATTORNEY INFORMATION
NAME
Ann K. Ford
ATTORNEY DOCKET NUMBER
425488-1
FIRM NAME
DLA Piper LLP (US)
STREET
500 Eighth Street, NW
CITY
Washington
STATE
District of Columbia
COUNTRY
United States
ZIP/POSTAL CODE
20004
PHONE
202-799-4000
FAX
2027995000
EMAIL ADDRESS
dctrademarks@dlapiper.com
AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
OTHER APPOINTED ATTORNEY
Thomas E. Zutic, Ryan C. Compton, John Nading, David Kramer, Eunice Chung, James Stewart, Ashley Joyce, and Naomi Abraham
CORRESPONDENCE INFORMATION
NAME
Ann K. Ford
FIRM NAME
DLA Piper LLP (US)
STREET
500 Eighth Street, NW
CITY
Washington
STATE
District of Columbia
COUNTRY
United States
ZIP/POSTAL CODE
20004
PHONE
202-799-4000
FAX
2027995000
*EMAIL ADDRESS
dctrademarks@dlapiper.com
*AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
FEE INFORMATION
APPLICATION FILING OPTION
TEAS RF
NUMBER OF CLASSES
7
APPLICATION FOR REGISTRATION PER CLASS
275
*TOTAL FEE DUE
1925
*TOTAL FEE PAID
1925
SIGNATURE INFORMATION
SIGNATURE
/Thomas E. Zutic/
SIGNATORY'S NAME
Thomas E. Zutic
SIGNATORY'S POSITION
Attorney of record, District of Columbia Bar member
SIGNATORY'S PHONE NUMBER
202-799-4141
DATE SIGNED
05/10/2019
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 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2021)
Trademark/Service Mark Application, Principal Register
Serial Number:88425631
Filing Date:05/10/2019
To the Commissioner for Trademarks:
MARK: SUNDAY SPECIAL (Standard Characters, see mark)
The literal element of the mark consists of SUNDAY SPECIAL.
The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Aphria Inc., a corporation of Canada, having an address of
265 Talbot Street West
Leamington N8H4H3
Canada
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C.
Section 1051 et seq.), as amended, for the following:
International Class 003: Bath additives; bath herbs; bath oils; bath oils for cosmetic purposes; beauty care cosmetics; beauty creams for body care; beauty
gels; beauty lotions; body and beauty care cosmetics; body creams; body oils; cosmetic creams; cosmetic oils; cosmetics and make-up; face and body lotions; face and body milk; face lotion; hair care
preparations; hair styling preparations; hand cream; hand lotions; lip care preparations; lip conditioners; lip glosses; liquid soaps; massage creams; massage oils; non-medicated bubble bath
preparations; non-medicated preparations for the care of hair; non-medicated preparations for the care of skin; non-medicated preparations for the care of the scalp; non-medicated skin care
preparations; oils for toiletry purposes; skin care preparations; skin creams; skin emollients; skin lotions; skin soap; soaps for body care; soaps for personal use, each of the foregoing containing
hemp, or cannabidiol, or derivative thereof.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.
Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of
priority based on Canada application number 1912954, filed 12/06/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
International Class 005: Hemp or cannabidiol related products, namely oils, salves, concentrated pastes, tinctures, tablets and capsules, each containing
cannabidiol or derivatives thereof; oils, salves, concentrated pastes, tinctures, tablets and capsules each containing resins and oils derived from hemp; nutraceuticals for medicinal purposes for the
relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid
and for management of opioid addiction and relief of epilepsy; nutraceuticals for medicinal purposes containing cannabidiol or derivatives thereof for the relief of pain, for relaxation, for reducing
stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and
relief of epilepsy; nutraceuticals for medicinal purposes containing derivatives of hemp, namely, resins and oils for the relief of pain, for relaxation, for reducing stress and fatigue, for mood
enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; topical skin
creams, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and skin care preparations each containing
derivatives of hemp for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving
depression, as a sleep aid; personal sexual lubricants; transdermal patches containing cannabidiol or derivatives thereof for the relief of pain, for relaxation, for reducing stress and fatigue, for
mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; oral
sprays containing cannabidiol for medicinal use for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for
relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; hemp, cannabidiol or derivatives thereof for medicinal use; hemp,
cannabidiol related product, namely, oils for medicinal use for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and
well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; oils derived from hemp for medicinal use for the relief of
pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for
management of opioid addiction and relief of epilepsy.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.
Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of
priority based on Canada application number 1912954, filed 12/06/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
International Class 029: Oils and resins derived from hemp for use as comestibles; hemp or cannabidiol related product, namely, oils for use as comestibles;
oils derived from hemp or cannabidiol for use as comestibles; food products containing hemp, cannabidiol, resins and cannabidiol oils, namely butter.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.
Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of
priority based on Canada application number 1912954, filed 12/06/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
International Class 030: Food products containing hemp, cannabidiol or derivatives thereof namely chocolates, cookies, brownies, candy and food energy bars;
tea namely teas containing hemp, cannabidiol or derivatives thereof, and teas containing hemp, cannabidiol or derivatives thereof.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.
International Class 031: Live hemp plants; Hemp seeds
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.
Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of
priority based on Canada application number 1912954, filed 12/06/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
International Class 032: Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing hemp, cannabidiol or
derivatives thereof.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.
International Class 034: Smokers' articles, namely, grinders for use with hemp; dried hemp; derivatives of hemp, namely resins and oils, not for medical
use; cannabidiol and hemp for recreational use; smokers' articles, namely, smoking pipes, pouches for use with hemp, lighters for smokers, oral vaporizers for smokers.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.
Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of
priority based on Canada application number 1912954, filed 12/06/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
The applicant's current Attorney Information:
Ann K. Ford and Thomas E. Zutic, Ryan C. Compton, John Nading, David Kramer, Eunice Chung, James Stewart, Ashley Joyce, and Naomi Abraham of DLA Piper LLP
(US) 500 Eighth Street, NW
Washington, District of Columbia 20004
United States
202-799-4000(phone)
2027995000(fax)
dctrademarks@dlapiper.com (authorized)
The attorney docket/reference number is 425488-1.
The applicant's current Correspondence Information:
Ann K. Ford
DLA Piper LLP (US)
500 Eighth Street, NW
Washington, District of Columbia 20004
202-799-4000(phone)
2027995000(fax)
dctrademarks@dlapiper.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at
the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent
application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional
processing fee of $125 per international class of goods/services.
A fee payment in the amount of $1925 has been submitted with the application, representing payment for 7 class(es).
Declaration
Declaration Signature
Signature: /Thomas E. Zutic/ Date: 05/10/2019
Signatory's Name: Thomas E. Zutic
Signatory's Position: Attorney of record, District of Columbia Bar member
Payment Sale Number: 88425631
Payment Accounting Date: 05/13/2019
Serial Number: 88425631
Internet Transmission Date: Fri May 10 22:21:08 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.X.XX-201905102221088539
85-88425631-62044d62678e882bd4423e52f268
95dc191e1b37ffb46335147631745f71fd-DA-63
18-20190510220203740897