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. 88646413 VITALITY (Stylized and/or with Design, see http://uspto.report/TM/88646413/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 003 for Lotions for face and body care; lotions for face and body care containing cannabis and extracts thereof; lotions for face and body care containing cannabidiol; lotions for face and body care containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; non-medicated skin care creams and lotions; non-medicated skin care creams and lotions containing cannabis and extracts thereof; non-medicated skin care creams and lotions containing cannabidiol; non-medicated skin care creams and lotions containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; skin care preparations, namely, body balm, body oils, salves, and lip balms; skin care preparations, namely, body balm, body oils, salves, and lip balms containing cannabis and extracts thereof; skin care preparations, namely, body balm, body oils, salves, and lip balms containing cannabidiol; skin care preparations, namely, body balm, body oils, salves, and lip balms containing hemp-derived cannabidiol- (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA18385 registered 06/16/1972 with a renewal date of __________ and an expiration date of 06/16/2032 ], 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.

Proposed: Class 003 for Lotions for face and body care; lotions for face and body care containing cannabis and extracts thereof; lotions for face and body care containing cannabidiol; lotions for face and body care containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; non-medicated skin care creams and lotions; non-medicated skin care creams and lotions containing cannabis and extracts thereof; non-medicated skin care creams and lotions containing cannabidiol; non-medicated skin care creams and lotions containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; skin care preparations, namely, body balm, body oils, salves, and lip balms; skin care preparations, namely, body balm, body oils, salves, and lip balms containing cannabis and extracts thereof; skin care preparations, namely, body balm, body oils, salves, and lip balms containing cannabidiol; skin care preparations, namely, body balm, body oils, salves, and lip balms containing hemp-derived cannabidiol- (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
Deleted Filing Basis: 44(e)
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 0338375-01 filed 08/22/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Health foods, food supplements and vitamin preparations of every nature and kind, including alpha tablets, iron and liver capsuls, digestive aids, fish liver oil, calcium lactate; Dietary supplements for general health and well-being; dietary supplements for general health and well-being containing cannabis and extracts thereof; dietary supplements for general health and well-being containing cannabidiol; dietary supplements for general health and well-being containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; cannabidiol oil for medical purposes; cannabis oil for medical purposes; mixed vitamin preparations; mixed vitamin preparations containing cannabis and extracts thereof; mixed vitamin preparations containing cannabidiol; mixed vitamin preparations containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; mineral supplements; mineral supplements containing cannabis and extracts thereof; mineral supplements containing cannabidiol; mineral supplements containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; botanical supplements for general health and well-being; botanical supplements for general health and well-being containing cannabis and extracts thereof; botanical supplements for general health and well-being containing cannabidiol; botanical supplements for general health and well-being containing hemp-derived cannabidiol (BD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number TMA18385 registered 06/16/1972 with a renewal date of __________ and an expiration date of 06/16/2032 ], 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.

Proposed: Class 005 for Health foods, food supplements and vitamin preparations of every nature and kind, including alpha tablets, iron and liver capsuls, digestive aids, fish liver oil, calcium lactate; Dietary supplements for general health and well-being; dietary supplements for general health and well-being containing cannabis and extracts thereof; dietary supplements for general health and well-being containing cannabidiol; dietary supplements for general health and well-being containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; cannabidiol oil for medical purposes; cannabis oil for medical purposes; mixed vitamin preparations; mixed vitamin preparations containing cannabis and extracts thereof; mixed vitamin preparations containing cannabidiol; mixed vitamin preparations containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; mineral supplements; mineral supplements containing cannabis and extracts thereof; mineral supplements containing cannabidiol; mineral supplements containing hemp-derived cannabidiol (CBD) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis; botanical supplements for general health and well-being; botanical supplements for general health and well-being containing cannabis and extracts thereof; botanical supplements for general health and well-being containing cannabidiol; botanical supplements for general health and well-being containing hemp-derived cannabidiol (BD) with a delta-9 tetrahydrocannabinol (THC) 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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 0338375-01 filed 08/22/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number 183854 registered 06/16/1972 with a renewal date of 06/16/2017 and an expiration date of 06/16/2032 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Voluntary Amendment Signature
Signature: /Arno T. Naeckel/     Date: 10/25/2019
Signatory's Name: Arno T. Naeckel
Signatory's Position: Attorney of Record

Signatory's Phone Number: 770-262-5635

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: 88646413
Internet Transmission Date: Fri Oct 25 14:35:43 EDT 2019
TEAS Stamp: USPTO/PRA-XX.XXX.XXX.XXX-201910251435439
82660-88646413-61051913a714a3e36ee66aa42
cd9c3465f12bdc1041299381ef2a521e6899d981
-N/A-N/A-20191025124500990010