Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88432030 HERITAGE(Standard Characters, see http://uspto.report/TM/88432030/mark.png) has been amended as follows:

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

Please see the argument and evidence documents attached under "Evidence".

EVIDENCE
Evidence has been attached: Applicant Response Arguements and supporting evidence
Original PDF file:
evi_2161925218-2020092414 2936752870_._ResponseToNo n-FinalOfficeAction-HERIT AGE-Final.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_2161925218-2020092414 2936752870_._SellSheet1-H HSalveSellSheet2019.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_2161925218-2020092414 2936752870_._SellSheet2-S alve-5x7POP-Outlined.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_2161925218-2020092414 2936752870_._JarLabel-Lay ered-MuscleSalveJarLabel.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_2161925218-2020092414 2936752870_._LidLabel-Mus cleSalveLidLabel.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_2161925218-2020092414 2936752870_._CertAnalysis -T-FreeDistillate.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_2161925218-2020092414 2936752870_._CertAnalysis -HeritageMuscleSalve.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 005 for Edible hemp oil with naturally occurring cannabidiol (CBD) for use as a dietary and nutritional supplement, for use as a nutritional food additive, and for use in beverages and foodstuffs; Gummies containing CBD; Capsules containing CBD; Salves containing CBD; Tinctures containing CBD

Applicant hereby adds the following class of goods/services to the application:
New: Class 003 (Original Class: 005 ) for Non-medicated salves containing CBD, the CBD being solely derived from hemp with a delta-9-tetrahydrocannabinol (THC) concentration of not more than 0.3 % on a dry weight basis
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.
Correspondence Information (current):
      Mary R. Bonzagni
      PRIMARY EMAIL FOR CORRESPONDENCE: mbonzagni@bulkley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 20038T.
Correspondence Information (proposed):
      Mary R. Bonzagni
      PRIMARY EMAIL FOR CORRESPONDENCE: mbonzagni@bulkley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 20038T.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Mary R Bonzagni/     Date: 09/24/2020
Signatory's Name: Mary R. Bonzagni
Signatory's Position: Attorney of record, Massachusetts Bar member

Signatory's Phone Number: 413-272-6286

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:    Mary R. Bonzagni
   Bulkley, Richardson and Gelinas, LLP
   
   1500 Main Street, Suite 2700
   Springfield, Massachusetts 01115-5507
Mailing Address:    Mary R. Bonzagni
   Bulkley, Richardson and Gelinas, LLP
   1500 Main Street, Suite 2700
   Springfield, Massachusetts 01115-5507
        
Serial Number: 88432030
Internet Transmission Date: Thu Sep 24 15:33:09 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020092415330936
2282-88432030-7503e15f5b6bed0ddb9a4a95b8
e9339d09deb649d40dcc316167cc6e2e9a2f59ca
1-N/A-N/A-20200924142936752870