TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88237642

Filing Date: 12/20/2018

To the Commissioner for Trademarks:

MARK: FIRST & FREE (Standard Characters, see mark)
The literal element of the mark consists of FIRST & FREE.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Canopy Growth Corporation, a corporation of Canada, having an address of
      1 Hershey Drive
      Smith Falls K7A0A8
      Canada

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 003:  Cosmetics, makeup, makeup removers, eye creams, skin care preparations, skin creams, skin serums, skin oils, skin emollients, skin lotions, non-medicated skin care treatment preparations, facial and body skin masks, skin soap, body powders for personal use, bath and shower soaps, liquid soap; face and body lotions, face and body milk, face lotion, hand cream, hand lotions, bath gels, bath lotions, non-medicated bath salts, bath scrubs, bath oils, bubble bath, bath additives, bath herbs, bath bombs, nail enamel and nail care preparations, nail polish remover, lip care preparations, lip conditioners, lip glosses, sun skin care preparations, sun screen preparations, sun block preparations, 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 oils
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 005:  Medicated skincare products for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds; topical skin creams, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and other skin care preparations containing cannabis and derivatives of cannabis for the treatment of various conditions including psoriasis, cystic acne, acne, eczema, scars and wounds; pharmaceutical cannabis and cannabis derivative products for medicinal use including, oil extracts, oils, extracts, tinctures, resins, waxes, hashes, pastes, balms, salves, concentrates, lotions, sprays, ointments, pastes, extracts, tinctures, tonics, liquids, powders, teas, coffees, beverages, topical skin creams, lotions and gels, pills, tablets, capsules, suppositories, tampons, skin patches, sublingual doses, and mucous membrane doses, sprays and liquids, transdermal patches and oral sprays; botanical, herbal, nutraceutical, dietary and nutritional supplements, natural health products and natural solutions for general health and well-being; botanical, herbal, nutraceutical, dietary and nutritional preparations containing plant extracts and plant-derived nutrients; pharmaceutical, nutraceuticals, botanicals containing cannabis and derivatives of cannabis for therapeutic / medicinal use such as: general health and well-being, the temporary relief of joint and muscle pain, rheumatoid arthritis, nerve pain, weight loss, smoking cessation, hormonal imbalance indications including vaginal dryness, PMS (mensural relief), cramps, mental health (mood modulation, anxiety, relaxation, reducing stress, fatigue, mood enhancement, depression), insomnia /sleep aid, increase appetite; Veterinary preparations containing cannabis and cannabis derivatives for the treatment of diseases and disorders including, long-term neurogenic pain, muscle spasms, muscle cramps, reduced appetite, weight loss, treatment of pain and the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic procedures
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 025:  Clothing, footwear and headwear
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 029:  Hemp, Hemp derivatives, Cannabis and cannabis derivative and infused products, not for medicinal use, including, oil extracts, oils, extracts, tinctures, resins, waxes, hashes, pastes, balms, salves, concentrates, lotions, sprays, ointments, tonics, liquids, powders, teas, coffees, beverages, topical skin creams, lotions and gels, pills, tablets, capsules, suppositories, tampons, skin patches, sublingual doses, mucous membrane doses, sprays and liquids, transdermal patches and oral sprays; hemp protein powder, hemp hearts, hemp oil, hemp seeds, hemp flour, hemp cereal, hemp milk, hemp-based snack foods and other hemp products
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 030:  Food products and edibles containing cannabis, cannabis extracts, cannabis resins, cannabis oils, cannabis gum, cannabis waxes, cannabis butters, and cannabis hashes and other derivatives including teas, cakes, cereal bars, cookies, pastries, brownies, muffins, cupcakes, bread, buns, biscuits, pastries, chocolate, chocolate confectionery and bars, chewing gum, energy bars, granola based bars, fruit bars, snack and food bars, meal replacement bars, dietary supplements, dietary supplements for promotion weight loss, sugar confectionery, gummies, hard candies, mints, crackers, granola, cereal, ice cream, candies, chewing gum, chips; Food and edible treats for pets containing cannabis, cannabis extracts, cannabis resins, cannabis oils, cannabis gum, cannabis waxes, cannabis butters, and cannabis hashes and other cannabis derivatives
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 031:  Cannabis in its various forms including live cannabis plants, cannabis seeds, fresh cannabis, dried cannabis; live plants and seeds for horticultural purposes
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 032:  Non-alcoholic beverages infused with cannabis, cannabis extracts, cannabis resins, cannabis oils, cannabis tinctures, cannabis waxes and other cannabis derivatives including smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks and waters, protein supplement shakes, sports recovery drinks, isotonic drinks, dietary supplement drinks, meal replacement drinks; hemp smoothies, hemp fruit beverages, hemp fruit juices, carbonated soft drinks with hemp, hemp energy drinks and other hemp beverages
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 034:  Cannabis accessories for the preparation, use and storage of cannabis including water pipes, vaporizers, bongs, bowls, hookah, rolling papers, blunts, roach clips, pill bottles, lighters, torches, ashtrays, grinders, weighing scales; smokers' articles, namely, smoking pipes, pouches for use with cannabis, lighters for smokers; smokers' articles, namely, oral vaporizers for smokers; cannabis and marijuana for recreational use; derivatives of cannabis; hemp and hemp derivatives
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 035:  Retail, online and wholesale sale in the following fields including recreational and medical cannabis, recreational and medical marijuana, cannabis derivative products, cannabis infused products including food, beverages, skin care products, pharmaceutical products, natural health products, and accessories, including pipes, rolling papers, water pipes, grinders, vaporizers, scales, bongs, bowls, hookah, blunts, roach clips, lighters, torches, ashtrays; Development, management and operation of businesses including advisory services in the healthcare industry, the medical marijuana and cannabis industry, the marijuana and cannabis industry and high-technology industry; advice and information concerning commercial business management; business management supervision; business planning
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 038:  Operation of an online bulletin board for publishing of information about benefits of medical marijuana and cannabis, research related to medical cannabis and marijuana and for users to provide commentary about the content or about subjects relating thereto; operation of an online bulletin board for registered users to participate in discussions, provide and obtain feedback from other registered users, form virtual communities, and engage in social networking in the field of medical marijuana and medical cannabis
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 041:  Educational services and patient educational services, including, audio, visual and print materials, seminars, workshops, classes, training sessions, computer applications and community events in various fields including healthcare, cannabis, medical marijuana, medical cannabis, cannabis strains, pharmaceutical products, natural health products, skincare products and therapeutic skincare products, case studies and patient information
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.


       International Class 044:  Operation of a medical and recreational cannabis dispensary; Operation of a website providing information on medical marijuana and medical cannabis, their related strains, cannabis infused products, related products and derivative products; operation of a website providing information on research related to medical marijuana and medical cannabis; operation of a website providing information featuring the ratings, reviews and recommendations on recreational cannabis, medical marijuana and medical cannabis products and cannabis infused, related and derivative products; operation of a website providing information regarding indications and effects of particular cannabis strain; Providing online directory information services relating to, among other things, medical cannabis, medical marijuana and related, infused and derivative products; Consulting services including in the fields of medical use of marijuana, cannabis and their derivatives and infused products; Scientific research and development in the field of medical marijuana, medical cannabis, marijuana, cannabis, their related products and derivatives for the development of therapeutics, and to target specific symptoms, diseases, illnesses and disorders; Membership services and customer and patient loyalty services; Cultivating, breeding, growing, production, processing, distribution and development of marijuana and cannabis; import and export of marijuana and cannabis and their related and derivative products to Government approved sources in other countries
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1935643, filed 12/12/2018.
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.



The applicant's current Attorney Information:
      Christine Lebron-Dykeman and Bruce W. McKee, Edmund J. Sease, Mark D. Hansing, Kirk M. Hartung, Patricia A. Sweeney, Heidi S. Nebel, Michael C. Gilchrist, R. Scott Johnson, Cassandra J. Edgar, Jill N. Link, Luke T. Mohrhauser, Brandon W. Clark, Jonathan L. Kennedy, Xiaohong Liu, Nicholas J. Krob, Sarah M. Dickhut, Gregory Gunnerson, Oliver P. Couture of McKee, Voorhees & Sease, PLC      801 Grand Avenue, Suite 3200
      Des Moines, Iowa 50309-2721
      United States
      515-288-3667(phone)
      515-288-1338(fax)
      patatty@ipmvs.com (authorized)
The attorney docket/reference number is T58715US00.

The applicant's current Correspondence Information:

Christine Lebron-Dykeman

McKee, Voorhees & Sease, PLC

801 Grand Avenue, Suite 3200

Des Moines, Iowa 50309-2721

515-288-3667(phone)

515-288-1338(fax)

patatty@ipmvs.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $3300 has been submitted with the application, representing payment for 12 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /christine lebron-dykeman/   Date: 12/20/2018
Signatory's Name: Christine Lebron-Dykeman
Signatory's Position: Attorney of record, Iowa bar member
Payment Sale Number: 88237642
Payment Accounting Date: 12/21/2018

Serial Number: 88237642
Internet Transmission Date: Thu Dec 20 17:28:46 EST 2018
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2018122017284698
0763-88237642-620a018c23079d424c3b8d9df8
e93bbec7db0536f2d98f5ea37eebc9d188bcb1c9
-DA-5824-20181220172155237553