Response to Office Action

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

OMB No. 0651-0050 (Exp 09/30/2020)

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

OMB No. 0651-0050 (Exp 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88498096 AURORA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8849809 6/large) 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 has been attached: Arguments
Original PDF file:
evi_7311190212-2020111318 2712774454_._88498096_590 90_Response_to_Office_Act ion_Arguments-V1.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 032 for Hemp or hemp derivative infused carbonated beverages; hemp or hemp derivative infused non-carbonated beverages; non-alcoholic beverages infused with hemp or hemp derivatives, namely, smoothies, fruit beverages and fruit juices, carbonated soft drinks, energy drinks and waters, protein supplement shakes, sports recovery drinks, isotonic drinks, dietary supplement drinks, meal replacement drinks, fruit-flavored beverages, honey-based beverages, non-alcoholic tea-based beverages, carbonated soft drinks, non-dairy soy beverages, energy drinks; cocoa-based beverages, coffee-based beverages, herbal tea beverages; performance beverages for athletes, all of the foregoing containing hemp or hemp derivatives having a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis

Applicant hereby deletes the following class of goods/services from the application.
Class 034 for Smokers' articles, namely, smoking pipes, electronic smoking pipes, tobacco grinders

Applicant hereby deletes the following class of goods/services from the application.
Class 044 for Operation of a website providing medical and agricultural information in the field of cannabis

Applicant proposes to amend the following:

Current:
Class 003 for Skin, hair, body and personal preparations containing hemp and derivatives thereof, namely, cosmetics, makeup, makeup removers, eye creams, hand creams, skin creams, skin serums, skin oils, skin emollients, skin lotions, non-medicated skin care treatment preparations, facial and body skin masks, face and body milk, skin soap, body powders for personal use, bath and shower soaps, liquid soap, moisturizing balms, and moisturizing body sprays, bath shower soaps, bath gels, bath lotions, non-medicated bath salts, bath scrubs, bath oils, bubble bath, bath herbs, bath bombs, exfoliant, nail enamel and nail care preparations, nail polish remover, lip care preparations, lip conditioners, lip glosses, lipstick, sun skin care preparations, sun block, sun screen, self-tanning preparations, after-sun skin soothing and moisturizing preparations, pre-shave and after shave lotions, pre-shave and after shave creams, pre-shave and after shave balms, pre-shave and after shave splashes, pre-shave and after shave gels, personal deodorants and antiperspirants, hair care preparations, hair oils, hair masks, scalp treatments, hair sunscreen preparations, non-medicated preparations for the care of the scalp, essential oils for aromatherapy, essential oils for perfumery and personal use, scented oils for personal use, massage creams, massage cream, massage oil, and skin toners, all of the foregoing containing hemp or hemp derivatives having a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent 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.


Proposed:

Tracked Text Description: Skin, hair, body and personal preparations containing hemp and derivatives thereof, namely, cosmetics, makeup, makeup removers, eye creams, hand creams, skin creams, skin serums, skin oils, skin emollients, skin lotions, non-medicated skin care treatment preparations, facial and body skin masks, face and body milk, skin soap, body powders for personal use, bath and shower soaps, liquid soap, moisturizing balms, and moisturizing body sprays, bath shower soaps, bath gels, bath lotions, non-medicated bath salts, bath scrubs, bath oils, bubble bath, bath herbs, bath bombs, exfoliant, nail enamel and nail care preparations, nail polish remover, lip care preparations, lip conditioners, lip glosses, lipstick, sun skin care preparations, sun block, sun screen, self-tanning preparations, after-sun skin soothing and moisturizing preparations, pre-shave and after shave lotions, pre-shave and after shave creams, pre-shave and after shave balms, pre-shave and after shave splashes, pre-shave and after shave gels, personal deodorants and antiperspirants, hair care preparations, hair oils, hair masks, scalp treatments, hair sunscreen preparations, non-medicated preparations for the care of the scalp, essential oils for aromatherapy, essential oils for perfumery and personal use, scented oils for personal use, massage creams, massage cream, massage oil, and skin toners, all of the foregoing containing hemp or hemp derivatives having a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis; Skin, hair and body preparations containing hemp and derivatives thereof, namely, cosmetics, makeup, makeup removers, eye creams, hand creams, skin creams, non-medicated skin serums, skin topical oils for cosmetic use, skin emollients, skin lotions, non-medicated skin care preparations, facial and body skin masks, face and body milk, skin soap, body powders, bath and shower beauty soaps, non-medicated liquid soap, non-medicated moisturizing body balms, and moisturizing body sprays, bath and shower bar soaps, bath gels, bath lotions, non-medicated bath salts, bath body scrubs, bath oils, bubble bath, bath herbs, bath bombs, non-medicated exfoliating preparations for skin, nail enamel and nail care preparations, nail polish remover, non-medicated lip care preparations, in the nature of lip conditioners, lip glosses, lipstick, non-medicated sun skin care preparations, sun block, sun screen, self-tanning preparations, after-sun skin soothing and moisturizing preparations in the nature of gels and lotions, pre-shave and after shave lotions, pre-shave and after shave creams, pre-shave and after shave balms, pre-shave and after shave splashes in the nature of body splash, pre-shave and after shave gels, body deodorants and antiperspirants, hair care preparations, hair oils, hair masks, non-medicated scalp treatments cream, hair sunscreen preparations in the nature of sun screen for the scalp and the hair, non-medicated preparations for the care of the scalp, essential oils for aromatherapy, essential oils for perfumery, massage creams, massage cream, massage oil, skin toners; all of the foregoing containing hemp or hemp derivatives having a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basisClass 003 for Skin, hair and body preparations containing hemp and derivatives thereof, namely, cosmetics, makeup, makeup removers, eye creams, hand creams, skin creams, non-medicated skin serums, skin topical oils for cosmetic use, skin emollients, skin lotions, non-medicated skin care preparations, facial and body skin masks, face and body milk, skin soap, body powders, bath and shower beauty soaps, non-medicated liquid soap, non-medicated moisturizing body balms, and moisturizing body sprays, bath and shower bar soaps, bath gels, bath lotions, non-medicated bath salts, bath body scrubs, bath oils, bubble bath, bath herbs, bath bombs, non-medicated exfoliating preparations for skin, nail enamel and nail care preparations, nail polish remover, non-medicated lip care preparations, in the nature of lip conditioners, lip glosses, lipstick, non-medicated sun skin care preparations, sun block, sun screen, self-tanning preparations, after-sun skin soothing and moisturizing preparations in the nature of gels and lotions, pre-shave and after shave lotions, pre-shave and after shave creams, pre-shave and after shave balms, pre-shave and after shave splashes in the nature of body splash, pre-shave and after shave gels, body deodorants and antiperspirants, hair care preparations, hair oils, hair masks, non-medicated scalp treatments cream, hair sunscreen preparations in the nature of sun screen for the scalp and the hair, non-medicated preparations for the care of the scalp, essential oils for aromatherapy, essential oils for perfumery, massage creams, massage cream, massage oil, skin toners; all of the foregoing containing hemp or hemp derivatives having a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: 1769474 ALBERTA LTD., a corporation of Canada, having an address of
      10355 Jasper Avenue, Suite 500
      Edmonton, Alberta, T5J1Y6
      Canada

Proposed: 1769474 ALBERTA LTD., limited company (ltd.) legally organized under the laws of Canada, having an address of
      10355 Jasper Avenue, Suite 500
      Edmonton, Alberta, T5J1Y6
      Canada
      Email Address: XXXX

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a two by two matrix formed by a plus sign with a stylized mountain in the first row, first column; a stylized drop in the first row, second column; a stylized sun in the second row, first column; and a stylized cloud with three straight lines in the second row, second column, followed by the term AURORA in stylized lettering.

The owner's/holder's current attorney information: Melissa A. Nowak. Melissa A. Nowak of CHRISTENSEN O'CONNOR JOHNSON KINDNESS, is located at

      1201 THIRD AVENUE, SUITE 3600
      SEATTLE, Washington 98101
      United States
The docket/reference number is ACI-2-59090.
      The phone number is 206-682-8100.
      The fax number is 206-224-0779.
      The email address is efiling@cojk.com

The owner's/holder's proposed attorney information: Melissa A. Nowak. Other appointed attorneys are Jerald E. Nagae; Frances M. Jagla; Peter W. Becker; Makiko Coffland; George E. Renzoni, Ph.D.; John D. Denkenberger; Brandon C. Stallman; Laura A. Cruz; Ryan E. Dodge, Jr.; Brian W. Poor; Matthew D. Balint; Llewellyn Rhys Lawson; David P. Sheldon; Brian F. McMahon; B. Casey Fitzpatrick; Jadran Adrian Mihailovic; James Y. Go; Cory G. Claassen; Thomas S. (Stasiu) Nowak; and Juan Zheng, Ph.D.. Melissa A. Nowak of Christensen O'Connor Johnson Kindness, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1201 Third Avenue, Suite 3600
      Seattle, Washington 98101
      United States
The docket/reference number is ACI-2-59090.
      The phone number is 206-682-8100.
      The fax number is 206-224-0779.
      The email address is efiling@cojk.com

Melissa A. Nowak 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):
      MELISSA A. NOWAK
      PRIMARY EMAIL FOR CORRESPONDENCE: efiling@cojk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ACI-2-59090.
Correspondence Information (proposed):
      Melissa A. Nowak
      PRIMARY EMAIL FOR CORRESPONDENCE: efiling@cojk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ACI-2-59090.

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: /Melissa A. Nowak/     Date: 11/13/2020
Signatory's Name: Melissa A. Nowak, Reg. No. 68,088
Signatory's Position: Attorney of record, Washington bar member

Signatory's Phone Number: 206-682-8100

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:    MELISSA A. NOWAK
   CHRISTENSEN O'CONNOR JOHNSON KINDNESS
   
   1201 THIRD AVENUE, SUITE 3600
   SEATTLE, Washington 98101
Mailing Address:    Melissa A. Nowak
   Christensen O'Connor Johnson Kindness
   1201 Third Avenue, Suite 3600
   Seattle, Washington 98101
        
Serial Number: 88498096
Internet Transmission Date: Fri Nov 13 18:40:22 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020111318402224
8878-88498096-750e916a4743d2c624eeceba89
8212bd667ff35dad62c38451bf092214e9d4f9c-
N/A-N/A-20201113182712774454