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. 88738965 BIBLE(Standard Characters, see http://uspto.report/TM/88738965/mark.png) has been amended as follows:

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

The Examiner has initially refused to allow the Applicant's mark in view of a prior registration for BIBLE WRAPS, US Trademark Registration No. 4,455,696. Applicant advises that the Registrant has not timely filed a Section 8, which was due by June 24, 2020. A print-out from TSDR for this registration is attached. In view of the foregoing, Applicant requests that the refusal be withdrawn.

EVIDENCE
Evidence has been attached: BIBLE WRAPS - TSDR print-out
Original PDF file:
evi_7141212190-2020070807 5214057916_._BIBLE_WRAPS.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 034 for Smokers' articles and accessories, namely, metal rolling trays, smokers' storage box, tobacco grinder, rolling papers and pre-rolled smoking cones, the foregoing being derived only from industrial hemp with a 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.


Proposed:

Tracked Text Description: Smokers' articles and accessories, namely, metal rolling trays, smokers' storage box, tobacco grinder, rolling papers and pre-rolled smoking cones, the foregoing being derived only from industrial hemp with a THC concentration of not more than 0.3% on a dry-weight basis; Smokers' articles and accessories, namely, metal rolling trays, smokers' storage box in the nature of vaults for cigarettes and cigars, tobacco grinder, rolling papers and pre-rolled smoking cones, the foregoing being derived only from industrial hemp with a THC concentration of not more than 0.3% on a dry-weight basisClass 034 for Smokers' articles and accessories, namely, metal rolling trays, smokers' storage box in the nature of vaults for cigarettes and cigars, tobacco grinder, rolling papers and pre-rolled smoking cones, the foregoing being derived only from industrial hemp with a 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):
      AMBER N. DAVIS
      PRIMARY EMAIL FOR CORRESPONDENCE: adavis@bwsmiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@bwsmiplaw.com; mchapman@bwsmiplaw.com; kwimberly@bwsmiplaw.com

The docket/reference number is 16183-004.
Correspondence Information (proposed):
      Amber N. Davis
      PRIMARY EMAIL FOR CORRESPONDENCE: adavis@bwsmiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@bwsmiplaw.com; mchapman@bwsmiplaw.com

The docket/reference number is 16183-004.

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: /Amber N. Davis/     Date: 07/08/2020
Signatory's Name: Amber N. Davis
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 407-926-7716

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:    AMBER N. DAVIS
   BEUSSE WOLTER SANKS & MAIRE, PLLC
   
   390 N. ORANGE AVENUE, SUITE 2500
   ORLANDO, Florida 32801
Mailing Address:    Amber N. Davis
   BEUSSE WOLTER SANKS & MAIRE, PLLC
   390 N. ORANGE AVENUE, SUITE 2500
   ORLANDO, Florida 32801
        
Serial Number: 88738965
Internet Transmission Date: Wed Jul 08 08:15:05 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020070808150508
0562-88738965-71092f8ab35884cfc57aa1f3aa
7091d14cdbd7fb2ff619476797e59782de5d78d-
N/A-N/A-20200708075214057916