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 |
88425740 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
http://uspto.report/TM/88425740/mark.png |
LITERAL ELEMENT |
RIFF |
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 |
Aphria Inc. |
STREET |
265 Talbot Street West |
CITY |
Leamington |
ZIP/POSTAL CODE |
N8H4H3 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
OWNER SECTION (proposed) |
NAME |
Aphria Inc. |
STREET |
265 Talbot Street West |
CITY |
Leamington |
ZIP/POSTAL CODE |
N8H4H3 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
EMAIL |
XXXX |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_6517538-20200422181815561640_._RIFF_-_App_No_88425740.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0003.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0004.JPG |
DESCRIPTION OF EVIDENCE FILE |
the actual argument text |
GOODS AND/OR SERVICES SECTION (003) (current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (003) (proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Bath additives; Bath additives, namely, cosmetic bath salts bath
melts, bath herbs, bubble bath, foam bath, bath bombs, bath gel, bath beads, bath flakes, bath crystals; bath herbs; non-medicated lip care preparations, non-medicated lip conditioners, liquid soaps, namely, non-medicated bath soaps, non-medicated liquid soaps, liquid soaps for laundry; non-medicated skin care preparations; 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 oils; body creams; cosmetic 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;
lip care preparations; hand lotions; lip conditioners; non-medicated lip care preparations; non-medicated lip conditioners; liquid soaps; lip
glosses; 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; oils for toiletry purposes; skin creams; skin care preparations; skin emollients; skin lotions; skin soap; non-medicated soaps for body care;
non-medicated soaps for personal use, namely, cream soaps, bath soaps, bar soaps, paper soaps; soaps for body care;
all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD.; soaps
for personal use, each of the foregoing containing hemp, or cannabidiol, or derivative thereof |
FINAL DESCRIPTION |
Bath additives, namely, cosmetic bath salts bath melts, bath herbs, bubble bath, foam bath, bath bombs, bath gel, bath beads, bath
flakes, bath crystals; non-medicated lip care preparations, non-medicated lip conditioners, liquid soaps, namely, non-medicated bath soaps, non-medicated liquid soaps, liquid soaps for laundry;
non-medicated skin care preparations; 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; cosmetic 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; non-medicated lip care preparations; non-medicated lip conditioners; lip glosses; 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; oils for toiletry purposes; skin creams; skin emollients; skin lotions;
skin soap; non-medicated soaps for body care; non-medicated soaps for personal use, namely, cream soaps, bath soaps, bar soaps, paper soaps; all of the foregoing with a delta-9 THC concentration of
not more than 0.3% dry weight basis and not containing CBD. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
TMA1064946 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN REGISTRATION
DATE |
12/02/2019 |
FOREIGN EXPIRATION DATE |
12/02/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0005.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0006.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0007.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0008.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (005) (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (005) (proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Hemp or cannabidiol related products, namely, oils, salves, concentrated pastes, tinctures, tablets and
capsules, each containing cannabidiol or derivatives thereof; Medicated bath salts; oils, salves, concentrated pastes,
tinctures, tablets and capsules each containing resins and oils derived from hemp; medicated liquid soaps; disinfectant and
anti-bacterial liquid soaps; 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; medicated skin care preparations; Hemp related products, namely medicinal oils and
salves; 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; concentrated medicated pastes for the teeth and gums, for the hair and
scalp, and for use on skin rashes; tinctures, tablets and capsules for treatment of chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders and
anxiety; 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;
medicated oils, salves, and concentrated pastes for the treatment of chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders, and anxiety;
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; tinctures, tablets and capsules each containing resins and oils derived from hemp for treatment of chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders and anxiety;
hemp, cannabidiol or derivatives thereof for medicinal use; 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; 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; 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; medicated topical skin creams, medicated bar and liquid soaps; medicated bath additives, namely,
bath herbs, bath oils, bath salts; medicated body creams, medicated body oils, medicated face and body lotions, medicated face and body milk, medicated face
lotion, and medicated skin care preparations each of the foregoing 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 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 and for management of opioid addiction and relief of epilepsy; oral sprays 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 derivatives for medicinal use; hemp related products, 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; all of the foregoing with a delta-9 THC concentration of not more
than 0.3% dry weight basis and not containing CBD. |
FINAL DESCRIPTION |
Medicated bath salts; medicated liquid soaps; disinfectant and anti-bacterial liquid soaps; medicated skin care preparations; Hemp
related products, namely medicinal oils and salves; concentrated medicated pastes for the teeth and gums, for the hair and scalp, and for use on skin rashes; tinctures, tablets and capsules for
treatment of chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders and anxiety; medicated oils, salves, and concentrated pastes for the treatment of chronic pain, joint pain,
seizures, insomnia, nausea, dietary disorders, and anxiety; tinctures, tablets and capsules each containing resins and oils derived from hemp for treatment of chronic pain, joint pain, seizures,
insomnia, nausea, dietary disorders and anxiety; 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 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; medicated topical skin creams, medicated bar and liquid soaps; medicated
bath additives, namely, bath herbs, bath oils, bath salts; medicated body creams, medicated body oils, medicated face and body lotions, medicated face and body milk, medicated face lotion, and
medicated skin care preparations each of the foregoing 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 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 and for
management of opioid addiction and relief of epilepsy; oral sprays 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 derivatives for medicinal use; hemp
related products, 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; all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
TMA1064946 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN REGISTRATION
DATE |
12/02/2019 |
FOREIGN EXPIRATION DATE |
12/02/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0009.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0010.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0011.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0012.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (029) (current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (029) (proposed) |
INTERNATIONAL CLASS |
029 |
TRACKED TEXT DESCRIPTION |
Oils and resins derived from hemp for use as comestibles; Oils
derived from hemp for use as comestibles, namely, edible oil for cooking, edible oils and fats, processed oils for food; hemp or cannabidiol related product,
namely, oils for use as comestibles; hemp related products, namely, oils for use as comestibles, namely, edible oil for cooking, edible oils and fats, processed
oils for food; oils derived from hemp or cannabidiol for use as comestibles; food products containing hemp, resins, and
oils, namely butter; food products containing hemp, cannabidiol, resins and cannabidiol oils, namely, butter; fruit based
energy food bars; seed and nut-based energy food bars; processed edible hemp seeds; all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD. |
FINAL DESCRIPTION |
Oils derived from hemp for use as comestibles, namely, edible oil for cooking, edible oils and fats, processed oils for food; hemp
related products, namely, oils for use as comestibles, namely, edible oil for cooking, edible oils and fats, processed oils for food; food products containing hemp, resins, and oils, namely butter;
fruit based energy food bars; seed and nut-based energy food bars; processed edible hemp seeds; all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not
containing CBD. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
TMA1064946 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN REGISTRATION
DATE |
12/02/2019 |
FOREIGN EXPIRATION DATE |
12/02/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU2-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0013.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0014.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0015.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0016.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (030)(class deleted) |
GOODS AND/OR SERVICES SECTION (031) (current) |
INTERNATIONAL CLASS |
031 |
DESCRIPTION |
Live hemp plants; hemp seeds |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (031) (proposed) |
INTERNATIONAL CLASS |
031 |
TRACKED TEXT DESCRIPTION |
Live hemp plants; hemp seeds; hemp seeds
for planting and agricultural use; all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis. |
FINAL DESCRIPTION |
Live hemp plants; hemp seeds for planting and agricultural use; all of the foregoing with a delta-9 THC concentration of not more than
0.3% dry weight basis. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
TMA1064946 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN REGISTRATION
DATE |
12/02/2019 |
FOREIGN EXPIRATION DATE |
12/02/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU4-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0017.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0018.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0019.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0020.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (032) (current) |
INTERNATIONAL CLASS |
032 |
DESCRIPTION |
Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing hemp, cannabidiol or derivatives
thereof |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (032) (proposed) |
INTERNATIONAL CLASS |
032 |
TRACKED TEXT DESCRIPTION |
Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing
hemp, cannabidiol or derivatives thereof; Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing hemp and
derivatives thereof; all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD. |
FINAL DESCRIPTION |
Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing hemp and derivatives thereof;
all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
TMA1064946 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN REGISTRATION
DATE |
12/02/2019 |
FOREIGN EXPIRATION DATE |
12/02/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU5-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0021.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0022.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0023.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0024.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (034) (current) |
INTERNATIONAL CLASS |
034 |
DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (034) (proposed) |
INTERNATIONAL CLASS |
034 |
TRACKED TEXT DESCRIPTION |
Smokers' articles, namely, grinders for use with hemp; Smokers'
articles, namely, grinders for use with hemp, dried hemp for smoking; dried hemp; derivatives of hemp, namely, processed
resins and oils in the nature of liquids for use in electronic cigarettes and oral smokeless vaporizers; derivatives of hemp, namely, resins and oils, not for
medical use; e-liquids comprised of hemp derivatives for use in electronic cigarettes and oral smokeless vaporizers for recreational use; cannabidiol and hemp for recreational use; smokers' articles, namely, smoking pipes, pouches for use with hemp, lighters for smokers, oral vaporizers
for smokers; all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD. |
FINAL DESCRIPTION |
Smokers' articles, namely, grinders for use with hemp, dried hemp for smoking; derivatives of hemp, namely, processed resins and oils
in the nature of liquids for use in electronic cigarettes and oral smokeless vaporizers; e-liquids comprised of hemp derivatives for use in electronic cigarettes and oral smokeless vaporizers for
recreational use; smokers' articles, namely, smoking pipes, pouches for use with hemp, lighters for smokers, oral vaporizers for smokers; all of the foregoing with a delta-9 THC concentration of not
more than 0.3% dry weight basis and not containing CBD. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
TMA1064946 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Canada |
FOREIGN REGISTRATION
DATE |
12/02/2019 |
FOREIGN EXPIRATION DATE |
12/02/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU6-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0025.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0026.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0027.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\884\257\88425740\xml1\ROA0028.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ATTORNEY INFORMATION (current) |
NAME |
Ann K. Ford |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
DLA PIPER LLP (US) |
STREET |
500 EIGHTH STREET, NW |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20004 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
202-799-4000 |
FAX |
2027995000 |
EMAIL |
dctrademarks@dlapiper.com |
DOCKET/REFERENCE NUMBER |
425488-1 |
ATTORNEY INFORMATION (proposed) |
NAME |
Ann K. Ford |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
DLA PIPER LLP (US) |
STREET |
500 EIGHTH STREET, NW |
CITY |
WASHINGTON |
STATE |
District of Columbia |
POSTAL CODE |
20004 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
202-799-4000 |
FAX |
2027995000 |
EMAIL |
dctrademarks@dlapiper.com |
DOCKET/REFERENCE NUMBER |
425488-1 |
OTHER APPOINTED ATTORNEY |
Thomas E. Zutic, John M. Nading, Ryan C. Compton, David M. Kramer, Ashley H. Joyce, Eunice R. Chung, James K.S. Stewart, Alberto Zacapa,
Naomi Abraham, and Hajra Nashin |
CORRESPONDENCE INFORMATION (current) |
NAME |
ANN K. FORD |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
dctrademarks@dlapiper.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
425488-1 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Ann K. Ford |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
dctrademarks@dlapiper.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
425488-1 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Alberto Zacapa/ |
SIGNATORY'S NAME |
Alberto Zacapa |
SIGNATORY'S POSITION |
Attorney of record, DC Bar member |
DATE SIGNED |
04/22/2020 |
RESPONSE SIGNATURE |
/Alberto Zacapa/ |
SIGNATORY'S NAME |
Alberto Zacapa |
SIGNATORY'S POSITION |
Attorney of record, DC Bar member |
DATE SIGNED |
04/22/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Apr 22 18:34:06 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.X.X-2020
0422183406553914-88425740
-7103aa78ef1b99d5ba8bed18
86c5e799de1551ad22534541d
5cbae9b3a29facf0-N/A-N/A-
20200422181815561640 |
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.
88425740 RIFF(Standard Characters, see http://uspto.report/TM/88425740/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of the actual argument text has been attached.
Original PDF file:
evi_6517538-20200422181815561640_._RIFF_-_App_No_88425740.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 030 for 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
Applicant proposes to amend the following:
Current: Class 003 for 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), 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: Bath additives;
Bath additives, namely, cosmetic bath salts bath melts, bath herbs, bubble bath,
foam bath, bath bombs, bath gel, bath beads, bath flakes, bath crystals;
bath herbs;
non-medicated lip care preparations,
non-medicated lip conditioners, liquid soaps, namely, non-medicated bath soaps, non-medicated liquid soaps, liquid soaps for laundry;
non-medicated skin care
preparations;
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 oils;
body creams;
cosmetic 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;
lip care
preparations;
hand lotions;
lip conditioners;
non-medicated lip care preparations;
non-medicated lip conditioners;
liquid soaps;
lip glosses;
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;
oils for toiletry
purposes;
skin creams;
skin care preparations;
skin emollients;
skin
lotions;
skin soap;
non-medicated soaps for body care;
non-medicated soaps for personal
use, namely, cream soaps, bath soaps, bar soaps, paper soaps;
soaps for body care;
all of the foregoing with a delta-9
THC concentration of not more than 0.3% dry weight basis and not containing CBD.;
soaps for personal use, each of the foregoing containing hemp, or
cannabidiol, or derivative thereofClass 003 for Bath additives, namely, cosmetic bath salts bath melts, bath herbs, bubble bath, foam bath, bath bombs, bath gel, bath beads, bath flakes, bath
crystals; non-medicated lip care preparations, non-medicated lip conditioners, liquid soaps, namely, non-medicated bath soaps, non-medicated liquid soaps, liquid soaps for laundry; non-medicated skin
care preparations; 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; cosmetic
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;
non-medicated lip care preparations; non-medicated lip conditioners; lip glosses; 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; oils for toiletry purposes; skin creams; skin emollients; skin lotions; skin soap;
non-medicated soaps for body care; non-medicated soaps for personal use, namely, cream soaps, bath soaps, bar soaps, paper soaps; all of the foregoing with a delta-9 THC concentration of not more
than 0.3% dry weight basis and not containing CBD.
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA1064946 registered 12/02/2019
with a renewal date of __________ and an expiration date of 12/02/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following:
Current: Class 005 for 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), 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: Hemp or cannabidiol related products, namely, oils, salves, concentrated pastes, tinctures, tablets and capsules, each containing
cannabidiol or derivatives thereof;
Medicated bath salts;
oils, salves, concentrated pastes, tinctures, tablets and capsules
each containing resins and oils derived from hemp;
medicated liquid soaps;
disinfectant and anti-bacterial liquid
soaps;
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;
medicated skin care preparations;
Hemp related products, namely medicinal oils and salves;
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;
concentrated medicated pastes for the teeth and gums, for the hair and scalp, and for use on skin
rashes;
tinctures, tablets and capsules for treatment of chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders and anxiety;
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;
medicated oils, salves, and concentrated pastes for the treatment of chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders, and anxiety;
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;
tinctures, tablets
and capsules each containing resins and oils derived from hemp for treatment of chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders and anxiety;
hemp, cannabidiol or derivatives thereof for medicinal use;
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;
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;
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;
medicated topical skin creams, medicated bar and liquid soaps;
medicated bath additives, namely, bath herbs, bath oils, bath
salts;
medicated body creams, medicated body oils, medicated face and body lotions, medicated face and body milk, medicated face lotion, and medicated skin
care preparations each of the foregoing 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 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 and for management of opioid addiction and relief of epilepsy;
oral sprays 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 derivatives for medicinal use;
hemp related products, 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;
all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing
CBD.Class 005 for Medicated bath salts; medicated liquid soaps; disinfectant and anti-bacterial liquid soaps; medicated skin care preparations; Hemp related products, namely medicinal oils and
salves; concentrated medicated pastes for the teeth and gums, for the hair and scalp, and for use on skin rashes; tinctures, tablets and capsules for treatment of chronic pain, joint pain, seizures,
insomnia, nausea, dietary disorders and anxiety; medicated oils, salves, and concentrated pastes for the treatment of chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders, and
anxiety; tinctures, tablets and capsules each containing resins and oils derived from hemp for treatment of chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders and anxiety;
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 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; medicated topical skin creams, medicated bar and liquid soaps; medicated bath additives, namely, bath herbs, bath oils,
bath salts; medicated body creams, medicated body oils, medicated face and body lotions, medicated face and body milk, medicated face lotion, and medicated skin care preparations each of the
foregoing 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 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 and for management of opioid addiction and relief of
epilepsy; oral sprays 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 derivatives for medicinal use; hemp related products, 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; all of the
foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD.
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA1064946 registered 12/02/2019
with a renewal date of __________ and an expiration date of 12/02/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following:
Current: Class 029 for 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), 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 and resins derived from hemp for use as comestibles;
Oils derived from hemp for use as
comestibles, namely, edible oil for cooking, edible oils and fats, processed oils for food;
hemp or cannabidiol related product, namely, oils for use as
comestibles;
hemp related products, namely, oils for use as comestibles, namely, edible oil for cooking, edible oils and fats, processed oils for food;
oils derived from hemp or cannabidiol for use as comestibles;
food products containing hemp, resins, and oils, namely
butter;
food products containing hemp, cannabidiol, resins and cannabidiol oils, namely, butter;
fruit based energy food
bars;
seed and nut-based energy food bars;
processed edible hemp seeds;
all of the
foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD.Class 029 for Oils derived from hemp for use as comestibles, namely, edible oil for
cooking, edible oils and fats, processed oils for food; hemp related products, namely, oils for use as comestibles, namely, edible oil for cooking, edible oils and fats, processed oils for food; food
products containing hemp, resins, and oils, namely butter; fruit based energy food bars; seed and nut-based energy food bars; processed edible hemp seeds; all of the foregoing with a delta-9 THC
concentration of not more than 0.3% dry weight basis and not containing CBD.
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA1064946 registered 12/02/2019
with a renewal date of __________ and an expiration date of 12/02/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following:
Current: Class 031 for Live hemp plants; hemp seeds
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: Live hemp plants;
hemp seeds;
hemp seeds for planting and agricultural
use;
all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis.Class 031 for Live hemp plants; hemp seeds for planting
and agricultural use; all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis.
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA1064946 registered 12/02/2019
with a renewal date of __________ and an expiration date of 12/02/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU4-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following:
Current: Class 032 for Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing hemp, cannabidiol or derivatives thereof
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: Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing hemp, cannabidiol or derivatives
thereof;
Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing hemp and derivatives thereof;
all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD.Class 032 for Smoothies, fruit beverages and fruit
juices, carbonated soft drinks, and energy drinks each containing hemp and derivatives thereof; all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not
containing CBD.
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA1064946 registered 12/02/2019
with a renewal date of __________ and an expiration date of 12/02/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU5-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following:
Current: Class 034 for 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), 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: Smokers' articles, namely, grinders for use with hemp;
Smokers' articles, namely, grinders for use
with hemp, dried hemp for smoking;
dried hemp;
derivatives of hemp, namely, processed resins and oils in the nature of
liquids for use in electronic cigarettes and oral smokeless vaporizers;
derivatives of hemp, namely, resins and oils, not for medical use;
e-liquids comprised of hemp derivatives for use in electronic cigarettes and oral smokeless vaporizers for recreational use;
cannabidiol
and hemp for recreational use;
smokers' articles, namely, smoking pipes, pouches for use with hemp, lighters for smokers, oral vaporizers for smokers;
all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD.Class 034 for Smokers' articles, namely, grinders for
use with hemp, dried hemp for smoking; derivatives of hemp, namely, processed resins and oils in the nature of liquids for use in electronic cigarettes and oral smokeless vaporizers; e-liquids
comprised of hemp derivatives for use in electronic cigarettes and oral smokeless vaporizers for recreational use; smokers' articles, namely, smoking pipes, pouches for use with hemp, lighters for
smokers, oral vaporizers for smokers; all of the foregoing with a delta-9 THC concentration of not more than 0.3% dry weight basis and not containing CBD.
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA1064946 registered 12/02/2019
with a renewal date of __________ and an expiration date of 12/02/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU6-6517538-181815561_._RIFF_-_Canadian_Certificate_of_Reg_-_TMA1064946.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Aphria Inc., a corporation of Canada, having an address of
265 Talbot Street West
Leamington, N8H4H3
Canada
Proposed: Aphria Inc., a corporation of Canada, having an address of
265 Talbot Street West
Leamington, N8H4H3
Canada
Email Address: XXXX
The owner's/holder's current attorney information: Ann K. Ford. Ann K. Ford of DLA PIPER LLP (US), is located at
500 EIGHTH STREET, NW
WASHINGTON, District of Columbia 20004
United States
The docket/reference number is 425488-1.
The phone number is 202-799-4000.
The fax number is 2027995000.
The email address is dctrademarks@dlapiper.com
The owner's/holder's proposed attorney information: Ann K. Ford. Other appointed attorneys are Thomas E. Zutic, John M. Nading, Ryan C. Compton, David M. Kramer, Ashley H. Joyce, Eunice R. Chung,
James K.S. Stewart, Alberto Zacapa, Naomi Abraham, and Hajra Nashin. Ann K. Ford of DLA PIPER LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the
attorney(s) is located at
500 EIGHTH STREET, NW
WASHINGTON, District of Columbia 20004
United States
The docket/reference number is 425488-1.
The phone number is 202-799-4000.
The fax number is 2027995000.
The email address is dctrademarks@dlapiper.com
Ann K. Ford 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):
ANN K. FORD
PRIMARY EMAIL FOR CORRESPONDENCE: dctrademarks@dlapiper.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 425488-1.
Correspondence Information (proposed):
Ann K. Ford
PRIMARY EMAIL FOR CORRESPONDENCE: dctrademarks@dlapiper.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 425488-1.
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)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Alberto Zacapa/ Date: 04/22/2020
Signatory's Name: Alberto Zacapa
Signatory's Position: Attorney of record, DC Bar member
Response Signature
Signature: /Alberto Zacapa/ Date: 04/22/2020
Signatory's Name: Alberto Zacapa
Signatory's Position: Attorney of record, DC Bar member
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: ANN K. FORD
DLA PIPER LLP (US)
500 EIGHTH STREET, NW
WASHINGTON, District of Columbia 20004
Mailing Address: Ann K. Ford
DLA PIPER LLP (US)
500 EIGHTH STREET, NW
WASHINGTON, District of Columbia 20004
Serial Number: 88425740
Internet Transmission Date: Wed Apr 22 18:34:06 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2020042218340655391
4-88425740-7103aa78ef1b99d5ba8bed1886c5e
799de1551ad22534541d5cbae9b3a29facf0-N/A
-N/A-20200422181815561640