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. 90801165 ESTD. 2017 M MILE HIGH CURE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9080116 5/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Cosmetics; Body wash; Hand cleaners; Hand creams; Hand scrubs; Shampoo-conditioners; Shampoos; Beauty serums; Hair conditioner; Hair shampoo; Non-medicated skin serums
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 03/18/2018 and first used in commerce at least as early as 03/18/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Cosmetics; Body wash; Hand cleaners; Hand creams; Hand scrubs; Shampoo-conditioners; Shampoos; Beauty serums; Hair conditioner; Hair shampoo; Non-medicated skin serums; all of the foregoing being for cosmetic use only, and not being for¶
medical or therapeutic purposes; all of the foregoing containing ingredients derived from hemp with a delta-9¶
tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basisClass 003 for Cosmetics; Body wash; Hand cleaners; Hand creams; Hand scrubs; Shampoo-conditioners; Shampoos; Beauty serums; Hair conditioner; Hair shampoo; Non-medicated skin serums; all of the foregoing being for cosmetic use only, and not being for medical or therapeutic purposes; all of the foregoing containing ingredients derived from hemp 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 03/18/2018 and first used in commerce at least as early as 03/18/2018 , and is now in use in such commerce.

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

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: NA Investments LLC, a limited liability company legally organized under the laws of Wyoming, having an address of
      30 N Gould Street, Ste. 4000
      Sheridan, Wyoming 82801
      United States
      Email Address: XXXX

Proposed: NA Investments LLC, a limited liability company legally organized under the laws of Wyoming, having an address of
      11907 Clark Street
      Arcadia, California 91006
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "ESTD. 2017" apart from the mark as shown.


Description of mark
The mark consists of a butterfly with the wording "ESTD. 2017" above the butterfly, within the butterfly there is a large letter "M", within the letter "M" is a marijuana leaf, under the butterfly is the wording "MILE HIGH CURE".

Miscellaneous Statement
Applicant notes the goods for this mark are not food or drugs, so the Section 1 And 45 Refusal for unlawful use should be removed. Regarding the request for information: 1. the goods do have hemp derived material and hemp seed oil, but do not include other listed substances. 2. yes. 3. No. 4. Yes 5. No. 6. No. 7. No. 8. No. 9. N/A 10. Yes.

Correspondence Information (current):
      MICHAEL BARTHOLOMEW
      PRIMARY EMAIL FOR CORRESPONDENCE: mbartholomew@kba.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@kba.law

The docket/reference number is 4799.3.7.
Correspondence Information (proposed):
      Michael Bartholomew
      PRIMARY EMAIL FOR CORRESPONDENCE: mbartholomew@kba.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@kba.law

The docket/reference number is 4799.3.7.

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: /Michael Bartholomew/     Date: 08/18/2022
Signatory's Name: Michael Bartholomew
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 8019944646 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:    MICHAEL BARTHOLOMEW
   KUNZLER BEAN & ADAMSON, PC
   
   50 WEST BROADWAY, 10TH FLOOR
   SALT LAKE CITY, Utah 84101
Mailing Address:    Michael Bartholomew
   KUNZLER BEAN & ADAMSON, PC
   50 WEST BROADWAY, 10TH FLOOR
   SALT LAKE CITY, Utah 84101
        
Serial Number: 90801165
Internet Transmission Date: Thu Aug 18 09:51:58 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2022081809515898
4310-90801165-800b6f431ab46db633d379a6a1
bbf4cf8ea2a3eaf6e1ba31fe919d763279564c3-
N/A-N/A-20220818093415949121