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)

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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 1966 (Rev 10/2011)

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

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88978326 RAW GARDEN (Stylized and/or with Design, see ) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 030 for Dried herbs, all the foregoing not including any goods noncompliant with U.S. federal law
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: Dried herbs, all the foregoing not including any goods noncompliant with U.S. federal law; Dried herbs, all the foregoing containing hemp with a delta-9 THC concentration of not more than 0.3% on a dry weight basis and not containing added CBDClass 030 for Dried herbs, all the foregoing not including any goods noncompliant with U.S. federal law; Dried herbs, all the foregoing containing hemp with a delta-9 THC concentration of not more than 0.3% on a dry weight basis and not containing added 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.

Applicant proposes to amend the following:

Current:
Class 034 for Herbs for smoking, all the foregoing not including any goods noncompliant with U.S. federal law
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: Herbs for smoking, all the foregoing not including any goods noncompliant with U.S. federal law; Herbs for smoking, all of the foregoing containing CBD derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; Herbs for smoking, all of the foregoing containing cannabis or cannabis derivatives with a delta-9 THC concentration of not more than 0.3% on a dry weight basisClass 034 for Herbs for smoking, all the foregoing not including any goods noncompliant with U.S. federal law; Herbs for smoking, all of the foregoing containing CBD derived from cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis; Herbs for smoking, all of the foregoing containing cannabis or cannabis derivatives with a delta-9 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):
      Thomas F. Zuber
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkprosecution@zuberlawler.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tzuber@zuberlawler.com; nfintz@zuberlawler.com; kphipps@zuberlawler.com; kkawai@zuberlawler.com

The docket/reference number is 2767-1012.
Correspondence Information (proposed):
      Thomas F. Zuber
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkprosecution@zuberlawler.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tzuber@zuberlawler.com; nfintz@zuberlawler.com; lwan@zuberlawler.com; kkawai@zuberlawler.com

The docket/reference number is 2767-1012.

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)
Voluntary Amendment Signature
Signature: /Nathaniel Fintz/     Date: 07/16/2020
Signatory's Name: Nathaniel L. Fintz
Signatory's Position: Associate Attorney, Zuber Lawler & Del Duca, NY Bar member

Signatory's Phone Number: (212) 899-9830

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:    Thomas F. Zuber
   ZUBER LAWLER & DEL DUCA LLP
   
   350 S. GRAND AVE. 32ND FLOOR
   LOS ANGELES, California 90071
Mailing Address:    Thomas F. Zuber
   ZUBER LAWLER & DEL DUCA LLP
   350 S. GRAND AVE. 32ND FLOOR
   LOS ANGELES, California 90071
        
Serial Number: 88978326
Internet Transmission Date: Thu Jul 16 11:41:58 ET 2020
TEAS Stamp: USPTO/PRA-X.XX.X.XX-20200716114158484631
-88978326-740e3d19a3f48756a34dbb50a1c1c4
cfae890c514c9f2bf2414d1dcd72a5b784e-N/A-
N/A-20200715190827105167