Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90112371 BIO MD PLUS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9011237 1/large) has been amended as follows:

EVIDENCE
Evidence has been attached: the presentation of an argument as a PDF attachment rather than as a direct text entry
Original PDF file:
evi_260017008df46710240e4 55e9ac4244-20210721160410 666397_._Office_Action_Ar gument.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for On-line retail store services featuring hemp-based products in compliance with all federal laws and rules; Retail on-line ordering services featuring CBD and related products where the CBD is derived from hemp as defined in the federal 2018 Farm Bill and in compliance with all federal laws and rules also accessible by telephone, facsimile and mail order
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/18/2019 and first used in commerce at least as early as 05/09/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: On-line retail store services featuring hemp-based products in compliance with all federal laws and rules; On-line retail store services featuring hemp-based tinctures, oils, and herbs for smoking; Retail on-line ordering services featuring CBD and related products where the CBD is derived from hemp as defined in the federal 2018 Farm Bill and in compliance with all federal laws and rules also accessible by telephone, facsimile and mail order; Retail on-line ordering services featuring tinctures, oils, and herbs for smoking contianing CBD also accessible by telephone, facsimile and mail order, all of the foregoing services relating only to non-consumable, non-medicinal, and non-therapeutic goods solely derived from cannabis with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basisClass 035 for On-line retail store services featuring hemp-based tinctures, oils, and herbs for smoking; Retail on-line ordering services featuring tinctures, oils, and herbs for smoking contianing CBD also accessible by telephone, facsimile and mail order, all of the foregoing services relating only to non-consumable, non-medicinal, and non-therapeutic goods solely derived from cannabis with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/18/2019 and first used in commerce at least as early as 05/09/2019 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided

ADDITIONAL STATEMENTS
Color Claim
The color(s) turquoise and blue is/are claimed as a feature of the mark.

Description of mark
The mark consists of the word "BIO" in turquoise followed by the capital letters "MD" in blue and the plus symbol "+" in turquoise. All of this is positioned over a yin-yang style symbol in which the left side is a turquoise leaf and the right side is a blue water droplet. All instances of the color white in the mark represent background and/or transparent areas only and are not claimed as features of the mark.
Correspondence Information (current):
      GRANISON EADER
      PRIMARY EMAIL FOR CORRESPONDENCE: ted@conwayeader.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): matt.bush@conwayeader.com; justin@conwayeader.com
Correspondence Information (proposed):
      Granison Eader
      PRIMARY EMAIL FOR CORRESPONDENCE: ted@conwayeader.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): matt.bush@conwayeader.com; justin@conwayeader.com

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: /Granison Eader/     Date: 07/21/2021
Signatory's Name: Granison Eader
Signatory's Position: Attorney of record, Georgia bar member

Signatory's Phone Number: 4707452640 Signature method: Signed directly within the form

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:    GRANISON EADER
   CONWAY EADER, LLLC
   
   1056 MANIGAULT ST SE
   ATLANTA, Georgia 30316
Mailing Address:    Granison Eader
   CONWAY EADER, LLLC
   1056 MANIGAULT ST SE
   ATLANTA, Georgia 30316
        
Serial Number: 90112371
Internet Transmission Date: Wed Jul 21 16:15:24 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXX:XXXX-20210721161524525346-90112371-7
802f713087c7f1dcaa9d7ea0c2e7ad8e70b4fefe
f457b4628c9b3a5d135aa7ea3-N/A-N/A-202107
21160410666397