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)

---

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: 90079721

Filing Date: 07/29/2020

To the Commissioner for Trademarks:

MARK: Canopy Animal Health (stylized and/or with design, see mark)
The literal element of the mark consists of Canopy Animal Health. The color(s) green (various shades) and blue green is/are claimed as a feature of the mark. The mark consists of The design consists of six leaves in various shades of green. Starting at the top and going clockwise, the top leaf is the lightest shade of green. Leaf two is darker green than leaf one. Leaf three is a darker green than leaf two. Leaf four is the darkest shade of green. Leaf five is the same shade of green as leaf 3. Leaf six is the same shade of green as leaf two. The word CANOPY, next to the leaf design, is dark blue-green and the words ANIMAL HEALTH, beneath CANOPY, are green.
The applicant, Canopy Growth Corporation, a corporation of Canada, having an address of
      1 Hershey Drive
      Smiths Falls, Ontario K7A0A8
      Canada
      XXXX

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 005:  Herbal and dietary supplements for pets; · Herbal and dietary supplements for pets containing hemp and hemp derivatives; · Pet food adapted for veterinary use; · Veterinary health supplements containing hemp and hemp derivatives for veterinary use; · Hemp for veterinary use; · Hemp for use in pet food; · Hemp extracts for veterinary use; · Cannabidiol and cannabinoids derived from hemp for veterinary use; · cannabidiol and cannabinoids derived from hemp for use in pet food; · Veterinary preparations, namely toothpaste, mouthwash, and dental spray preparations for pet care; · Veterinary preparations namely soap, shampoo, conditioner, moisturizers, wipes, deodorants, sprays, paw balm, insect repellant, cleansers and skin creams; · Terpenes, terpenoids, cannabidiol and cannabinoids derived from hemp for veterinary use.
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 2008633, filed 01/29/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 031:  Pet food and beverages; · Edible pet treats; · Biscuits for pets; · Edible pet treats containing hemp and hemp derivatives derivatives; · Pet biscuits containing hemp and hemp derivatives for pets; · Pet food and beverages containing 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 CA2008633, filed 01/29/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Wholesale, retail and online sale of oral care products for pets, namely toothpaste, toothbrushes, dental spray, breath drops, and mouthwash; · Wholesale, retail and online sale of hemp for veterinary use, hemp extracts, cannabidiol and cannabinoids derived from hemp, pet stain remover, herbal and dietary supplements for pets containing hemp and hemp derivatives, pet food adapted for veterinary use, veterinary health supplements, pet accessories, collars for pets, clothing for pets, shoes for pets, leashes for pets, pet food bowls, toys for pets, stuffed and plush toys, charms for pet collars, edible oil, pet food and drinks, pet food and drinks containing hemp and hemp derivatives, edible pet treats, biscuits for pets, edible pet treats containing terpenes, terpenoids, cannabidiol and cannabinoids derived from hemp · Wholesale, retail and online sale of pet care preparations namely soap, shampoo, conditioner, moisturizers, wipes, deodorants, sprays, paw balm, insect repellant, cleansers, and skin creams; · Wholesale, retail and online sale of printed publications, namely newsletters, brochures, reports and guides in the fields of veterinary science and cannabis; · Wholesale, retail and online sale of hemp derivatives for veterinary use, namely terpenes, terpenoids, cannabidiol and cannabinoids in the following presentations: concentrates, resins, shatter, capsules, oils, and oral sprays; · Providing advice and information concerning commercial business management; · Business management supervision; · Business planning; · Development, management and operation of businesses in in the healthcare industry, the veterinary industry, the hemp industry and the high-technology industry; · Marketing namely direct marketing of the goods and services of others, marketing services in the field of arranging for the distribution of the products of others, and digital marketing of the goods and services of others via websites, e-mail, apps, and social networks.
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 CA2008633, filed 01/29/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 044:  Medical and veterinary counseling in the field of hemp, hemp derivatives, pharmaceuticals and health supplements; · Medical and veterinary education in the field of hemp, pharmaceuticals and health supplements; · Medical and veterinary education in the field of hemp, pharmaceuticals and health supplements; · Providing information in the field of veterinary and medical use of hemp and cannabidiol via a website.
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 CA2008633, filed 01/29/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Mark N. Mutterperl. Mark N. Mutterperl of Zeisler PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 2800
      800 Third Avenue
      New York, New York 10022
      United States
      917-410-7941(phone)
      Mark@Zeisler-law.com

Mark N. Mutterperl submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Mark N. Mutterperl

PRIMARY EMAIL FOR CORRESPONDENCE: Mark@Zeisler-law.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $1100 has been submitted with the application, representing payment for 4 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Mark N. Mutterperl/   Date: 07/29/2020
Signatory's Name: Mark N. Mutterperl
Signatory's Position: Attorney of record, New York Bar member
Payment Sale Number: 90079721
Payment Accounting Date: 07/29/2020

Serial Number: 90079721
Internet Transmission Date: Wed Jul 29 04:56:14 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200729045614437958-90079721-
7408e8c2557c310c96cdee6c9ed83bc9142f6be2
3a3cd9895827179476db300-CC-56136657-2020
0729043531530751