Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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

Trademark/Service Mark Application, Principal Register

Serial Number: 97888533

Filing Date: 04/14/2023

To the Commissioner for Trademarks:

MARK: AMERICA'S DISPENSARY (stylized and/or with design, see mark)
The literal element of the mark consists of AMERICA'S DISPENSARY. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized, stacked words, AMERICA'S DISPENSARY with a representation of a striped cannabis leaf with stars in the upper left corner above the words, all below an arch design.
The applicant, Crunchy Munchies LLC, a limited liability company legally organized under the laws of Colorado, having an address of
      700 N. Colorado Blvd, Unit 550
      Denver, Colorado 80206
      United States
      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:  Nutritional supplements in the form of gummies; none of the aforementioned goods containing marijuana or cannabidiol (CBD); all of the foregoing containing or solely derived from hemp with a Delta-9 Tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
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.

International Class 025:  Clothing and wearing apparel
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.

International Class 029:  Food, including, potato chips none of the aforementioned goods containing marijuana or cannabidiol (CBD); all of the foregoing containing or solely derived from hemp with a Delta-9 Tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
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.

International Class 030:  Candy; Gummies, namely, gummy candies; Chocolates; Brownies; none of the aforementioned goods containing marijuana or cannabidiol (CBD); all of the foregoing containing or solely derived from hemp with a Delta-9 Tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
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.

International Class 032:  Drinks; energy drinks in the form of smoothie; none of the aforementioned goods containing marijuana or cannabidiol (CBD); all of the foregoing containing or solely derived from hemp with a Delta-9 Tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis
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.

International Class 035:  Retail store services; online retail store services
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.




The owner's/holder's proposed attorney information: Chester Rothstein. Other appointed attorneys are Daniel S. Ebenstein, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Charles R. Macedo, Jeffrey A. Schwab, Brian A. Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Brian Amos, Gary J. Gershik, Darren Haber, Paul Teng, Philip H. Gottfried, Christopher C. Dunham, John P. White, Richard S. Mandaro, Matthieu Hausig, Alan D. Miller, Marion P. Metelski, Keith J. Barkaus, Patrick T. Skacel, Eric M. Eisenberg, Suzue Fujimori, Hajime Sakai, David P. Goldberg, Christopher Lisiewski, Olivia Harris, Thomas Spath, Steven Hertzberg, Douglas John Gilbert, Devin Garrity, Lisheng Li, Yangfan Xu. Chester Rothstein of Amster, Rothstein & Ebenstein LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      405 Lexington Avenue
      New York, New York 10174
      United States
      212-336-8000(phone)
      212-336-8001(fax)
      ptodocket@arelaw.com
The docket/reference number is 27256-39.
Chester Rothstein 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:

Chester Rothstein

PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.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 $2100 has been submitted with the application, representing payment for 6 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: /Chester Rothstein/   Date: 04/14/2023
Signatory's Name: Chester Rothstein
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 212-336-8000
Signature method: Signed directly within the form
Payment Sale Number: 97888533
Payment Accounting Date: 04/14/2023

Serial Number: 97888533
Internet Transmission Date: Fri Apr 14 12:41:38 ET 2023
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20230414124140066010-97888533-
860a3939f3ca2472cf15825df7e834bebd56fda0
b931418328a4bd85e1eba614-CC-41388565-202
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