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. 88797104 MIRAYO BY SANTANA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8879710 4/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: MIRAYO BY SANTANA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8879710 4/large)
Proposed: MIRAYO BY SANTANA (Stylized and/or with Design, see mark)
The color(s) red, black, white, turquoise, orange, pink, and green is/are claimed as a feature of the mark.
The mark consists of the stylized wording "Mirayo by SANTANA" in a stacked formation colored white inside a shield-shaped design. The black colored shield-shaped design is outlined in black featuring a white border. Inside both the left and right portions of the shield-shaped design are two diagonal parallel lines colored white. Above "Mirayo" are 16 small circles colored white. Below "SANTANA" is a mandala flower-like design outlined in white and colored black. Below the mandala flower-like design are 7 small circles colored white. Behind the shield-shaped design is a symmetric psychedelic design. Behind the top portion of the shield is a turquoise band featuring a red colored curl design on the left and right sides. The turquoise band features a small white colored band at the bottom. Above and below the turquoise band is a mesh-like design with the mesh colored blue and the spacing colored white. At the very top overlapping the mesh design are two designs that looks like the bottom portion of a fleur-de-lis colored red, pink, and orange and featuring two turquoise circles each. Below the circles is a small white horizontal band. Behind the bottom left and right portions of the shield-like design are designs that look like a fleur de-lis colored red, orange, green, and white. At the very bottom is a design that looks like three incomplete connected triangular-like shapes outlined in red and colored orange. The body of the triangular shape features a design that looks like an incomplete leafy-like top half of a star and that the outer area is colored green and the inside is colored turquoise featuring two drop-like shapes colored orange and an orange circle featuring a smaller red circle inside.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 044 for Providing information related to cannabis
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: Providing information related to cannabis; Providing wellness and health information in the field of cannabisClass 044 for Providing wellness and health information in the field of cannabis
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Providing business consulting and consumer information related to cannabis
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.

ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Carlos Santana, whose consent(s) to register is made of record.

Original PDF file:
consent-21625323154-15585 2182_._ana_Signed_Consent _of_Living_Individua_for_ MIRAYO_BY_SANTANA.pdf
Converted PDF file(s) ( 1 page) Consent File1
Correspondence Information (current):
      Barbara L. Friedman
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@donahue.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bfriedman@donahue.com

The docket/reference number is 24814.31.08.
Correspondence Information (proposed):
      Barbara L. Friedman
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@donahue.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bfriedman@donahue.com; dschacht@donahue.com

The docket/reference number is 24814.31.08.

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /BLF/      Date: 06/19/2020
Signatory's Name: Barbara L. Friedman
Signatory's Position: Attorney of Record, member of California Bar
Signatory's Phone Number: 5104513300


Response Signature
Signature: /BLF/     Date: 06/19/2020
Signatory's Name: Barbara L. Friedman
Signatory's Position: Attorney of Record, California Bar member

Signatory's Phone Number: 5104513300

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:    Barbara L. Friedman
   DONAHUE FITZGERALD
   
   1999 HARRISON STREET, 26TH FLOOR
   OAKLAND, California 94612
Mailing Address:    Barbara L. Friedman
   DONAHUE FITZGERALD
   1999 HARRISON STREET, 26TH FLOOR
   OAKLAND, California 94612
        
RAM Sale Number: 88797104
RAM Accounting Date: 06/19/2020
        
Serial Number: 88797104
Internet Transmission Date: Fri Jun 19 16:08:24 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202006191608246
73398-88797104-7107b68c342861c1201a69846
d13f9730263d1cf2636f5fe9a33dd79f4f738-DA
-08234534-20200619155852182170