Preliminary Amendment

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 1966 (Rev 10/2011)

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

---

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 1966 (Rev 10/2011)

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

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88605426 HEALTH NOT HIGH(Standard Characters, see http://uspto.report/TM/88605426/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Processed fruit coated with topping, namely, chocolate; sauces containing cut fresh fruit; gummy candies; cookie dough not intended for baking; chewing gum; mints; pretzels; coffee and coffee beans; tea; flavor enhancers used in food and beverage products; popcorn and gift baskets containing popcorn; granola-based snack bars; flour; decorations for cakes; paper that can be eaten; baked goods; candy; confections; coffee-flavored frozen drinks; chocolate-flavored frozen drinks; fudge; frozen yogurt; chocolate; chocolate sauce; chocolate syrup; chocolate topping; all of the aforementioned containing only naturally occurring CBD
Original Filing 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: Processed fruit coated with topping, namely, chocolate; Retail and online retail store services featuring a wide variety of consumer goods, all of which contain only naturally occurring CBD; sauces containing cut fresh fruit; on-line and retail store services featuring fresh, processed, and frozen fruit products, sauces, candy, baked goods, and confections, all of which contain only naturally occurring CBD; gummy candies; business management, consulting and franchise services in the establishment and operation of retail stores for others; cookie dough not intended for baking; on-line and retail store services in the field of food gift products and baked goods, all of which contain only naturally occurring CBD; chewing gum; mints; pretzels; coffee and coffee beans; tea; flavor enhancers used in food and beverage products; popcorn and gift baskets containing popcorn; granola-based snack bars; flour; decorations for cakes; paper that can be eaten; baked goods; candy; confections; coffee-flavored frozen drinks; chocolate-flavored frozen drinks; fudge; frozen yogurt; chocolate; chocolate sauce; chocolate syrup; chocolate topping; all of the aforementioned containing only naturally occurring CBDClass 035 for Retail and online retail store services featuring a wide variety of consumer goods, all of which contain only naturally occurring CBD; on-line and retail store services featuring fresh, processed, and frozen fruit products, sauces, candy, baked goods, and confections, all of which contain only naturally occurring CBD; business management, consulting and franchise services in the establishment and operation of retail stores for others; on-line and retail store services in the field of food gift products and baked goods, all of which contain only naturally occurring CBD
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.

SIGNATURE(S)
Voluntary Amendment Signature
Signature: /Courtney Thornton/     Date: 11/11/2019
Signatory's Name: Courtney Adams Thornton
Signatory's Position: Attorney at Law, Georgia bar member

Signatory's Phone Number: 4048852733

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.

        
Serial Number: 88605426
Internet Transmission Date: Mon Nov 11 15:50:09 EST 2019
TEAS Stamp: USPTO/PRA-XX.XXX.XX.XX-20191111155009434
816-88605426-700404527f6d1323e4ea3171f23
2c41e4615c38bd9d710ce938b171644deec50-N/
A-N/A-20191111154722654523