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. 88468908 PSYCHEDELIC SCIENCE(Standard Characters, see http://uspto.report/TM/88468908/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: PSYCHEDELIC SCIENCE(Standard Characters, see http://uspto.report/TM/88468908/mark.png)
Proposed (USPTO generated image): PSYCHEDELIC SCIENCE 20__ (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

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

The Examiner found that the mark differed from the drawing in the specimens submitted. Applicant thus amended its drawing to indicate that the year of the event will change. This amendment is not a material alteration and thus is permissible under the Trademark Act. In determining whether an amendment is a material alteration, the controlling question is always whether the new and old forms of the mark create essentially the same commercial impression. See In re Innovative Cos., LLC, 88 USPQ2d 1095 (TTAB 2008) ( proposed amendment of the drawing from FREEDOMSTONE to FREEDOM STONE not material alteration of the mark) This also does not render the mark a phantom mark, as rhe drawing gives adequate constructive notice to third parties as to the nature of the mark and enables a thorough and effective search for conflicting marks to be performed. A mark with a changeable element may be registrable if the element is limited in terms of the number of possible variations, such that the drawing provides adequate notice as to the nature of the mark and an effective ?2(d) search is possible. Cf. In re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 1347-48, 57 USPQ2d 1807, 1812-13 (Fed. Cir. 2001). Applicant has used its PSYCHEDELIC SCIENCE service mark in interstate commerce for the past seven years, since at least as early as April 15, 2013. Applicant submits a 2(f) Declaration of Acquired Distinctiveness herewith in support of its application for registration on the USPTO's Principal Register.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Multidisciplinary Association of Psychedelic Studies, Inc. a(n) non-profit corporation, legally organized under the laws of Florida, having an address of
      1115 Mission St.
      Santa Cruz, California 95060
      United States

Proposed: Multidisciplinary Association of Psychedelic Studies, Inc., non-profit corporation legally organized under the laws of Florida, having an address of
      1115 Mission St.
      Santa Cruz, California 95060
      United States
      Email Address: mapstms@aol.com
Correspondence Information (current):
      Lara Pearson
      PRIMARY EMAIL FOR CORRESPONDENCE: Lara@BrandGeek.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Ramsey@BrandGeek.net
Correspondence Information (proposed):
      Lara Pearson
      PRIMARY EMAIL FOR CORRESPONDENCE: Lara@BrandGeek.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Ramsey@BrandGeek.net

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

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


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: /Rick Doblin/      Date: 03/03/2020
Signatory's Name: Rick Doblin
Signatory's Position: Executive Director
Signatory's Phone Number: 5555555555


Response Signature
Signature: /Lara Pearson/     Date: 03/03/2020
Signatory's Name: Lara Pearson
Signatory's Position: Atty, NV

Signatory's Phone Number: 7755555555

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Lara Pearson
   BRAND GEEK/ LAW OFFICE OF LARA PEARSON LTD, PBC
   
   774 MAYS BLVD., NO. 10-405
   INCLINE VILLAGE, Nevada 89451
Mailing Address:    Lara Pearson
   BRAND GEEK/ LAW OFFICE OF LARA PEARSON LTD, PBC
   774 MAYS BLVD., NO. 10-405
   INCLINE VILLAGE, Nevada 89451
        
Serial Number: 88468908
Internet Transmission Date: Tue Mar 03 16:13:00 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003031613000
44621-88468908-71095c6a3e4493d8a3ad2a473
ae111bdf822dc1a59f6a55e24d6abfb186ddbcec
55-N/A-N/A-20200302175512679092