Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA856098
`
`Filing date:
`
`11/02/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91233966
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Plaintiff
`The Gorilla Glue Company
`
`B JOSEPH SCHAEFF
`DINSMORE & SHOHL LLP
`ONE SOUTH MAIN STREET, SUITE 1300 FIFTH THIRD CENTER
`DAYTON, OH 45402
`UNITED STATES
`Email: joseph.schaeff@dinsmore.com
`
`Motion to Amend Pleading/Amended Pleading
`
`B. Joseph Schaeff
`
`joseph.schaeff@dinsmore.com
`
`/bjschaeff/
`
`11/02/2017
`
`Attachments
`
`LUT0219T4amend.PDF(1051452 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`THE GORILLA GLUE COMPANY,
`Opposer
`
`- v -
`
`GREEN GORILLA, INC.,
`Applicant
`
`Opposition No. 91233966 (Parent)
`Opposition No. 91233991
`Opposition No. 91235990
`
`OPPOSER'S MOTION TO AMEND NOTICE OF OPPOSITION
`
`Pursuant to Federal Rule of Civil Procedure 15(a) and Trademark Rule of Practice
`
`2.107(a), Opposer, The Gorilla Glue Company, hereby moves the Trademark Trial and Appeal
`
`Board for leave to file an Amended Notice of Opposition in the form attached hereto as Exhibit
`
`A. Opposer seeks to amend its Notice of Opposition to add a claim reflecting that the goods
`
`covered by the opposed applications are unlawful, and therefore, lawful use in commerce of the
`
`opposed marks by Applicant, Gorilla Green Inc., is not possible.
`
`FACTS
`
`Opposer filed oppositions to three (3) trademark applications owned by Applicant,
`
`SN86980788 for the word mark GREEN GORILLA, SN86980789 for the design of a green
`
`gorilla character holding a marijuana leaf, and SN86748509 for a composite mark comprised of
`
`the green gorilla character in conjunction with the words GREEN GORILLA. A11 three (3)
`
`applications cover goods which contain the substance cannabidiol (CBD). Printouts from the
`
`TESS database showing details of these applications are attached as Exhibit B.
`
`In addition to these three (3) applications, Applicant owns five (5) related applications
`
`covering the same marks. All five (5) applications cover goods which include CBD. Printouts
`
`from the TESS database showing details of these applications are attached as Exhibit C.
`
`

`

`To obtain a federal trademark registration, the use of a mark in commerce must be lawful.
`
`Goods containing CBD are unlawful under federal law including the Controlled Substances Act
`
`(CSA). The goods with which Applicant's marks are to be used are prohibited by federal law.
`
`Accordingly, Applicant's marks which are the subject of this opposition are not entitled to
`
`registration under Sections 1 and 45 of the Trademark Act, 15 U.S.C. sections 1051 and 1127.
`
`A. Opposer's New Claim is Legally Sufficient
`
`ARGUMENT
`
`In this motion, Opposer need not prove a likelihood of success on the merits of its
`
`amended claims. It need only satisfy the liberal pleading standards of Fed. R. Civ. P. 12(b)(6).
`
`B. Applicant Will Not Suffer Prejudice
`
`Applicant will not suffer undue prejudice if this motion is granted. This opposition is in
`
`its early stages. As of the date of this filing, this opposition is still in the pleading stage.
`
`Furthermore, Applicant is familiar with the issues pertaining to the legality / illegality of its
`
`goods and cannot claim surprise. Applicant's related applications, Serial Nos. 86982528,
`
`86690122, 86690140, 86980801 and 86982934, have all been rejected on the ground that
`
`Applicant's goods were unlawful under federal law because they contain a banned substance,
`
`CBD. Applicant has appealed four (4) of those rejections to the Trademark Trial and Appeal
`
`Board. Upon reconsideration on August 24, 2017, the Trademark Examining Attorney rejected
`
`these applications on the ground that Applicant's goods contain CBD, a substance illegal under
`
`the CSA. See Exhibit D hereto, representative extracts from the file history of Applicant's
`
`pending application SN86980801.
`
`Fed. R. Civ. P. 15(a) provides liberality in amending pleadings where justice so requires.
`
`It is the practice of the Patent and Trademark Office to liberally grant motions to amend. Cool-
`
`

`

`Ray, Inc. v. Eye Care, Inc., 183 USPQ 618, 621 (TTAB 1974). In view thereof, The Gorilla
`
`Glue Company, Opposer herein, respectfully requests that this motion to amend be granted.
`
`Respectfully submitted,
`Dinsmore & Shohl LLP
`By /bjschaeff/
`B. Joseph Schaeff
`Attorney for Opposer, The Gorilla Glue Company
`
`Fifth Third Center
`One South Main Street, Suite 1300
`Dayton, Ohio 45402
`Telephone: 937-449-6436
`Facsimile: 937-449-6405
`Email: joseph.schaeff@dinsmore.com
`
`ELECTRONIC MAILING CERTIFICATE
`
`I hereby certify that a true and correct copy of the foregoing is being submitted
`electronically through the electronic system for the Trademark Trial and Appeal Board
`("ESTTA") on this 2nd day of November, 2017.
`
`Dinsmore & Shohl LLP
`By /bjschaeff/
`B. Joseph Schaeff
`joseph.schaeff@dinsmore.com
`937-449-6436
`Attorney for Opposer, The Gorilla Glue Company
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing was served upon Applicant
`by email addressed to its counsel of record, Daniel M. Cislo, Esq. (tmk@cislo.com) this 2nd day
`of November, 2017.
`
`Dinsmore & Shohl LLP
`By /bjschaeff/
`B. Joseph Schaeff
`joseph.schaeff@dinsmore.com
`937-449-6436
`Attorney for Opposer, The Gorilla Glue Company
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`THE GORILLA GLUE COMPANY,
`Opposer
`
`- v -
`
`GREEN GORILLA, INC.,
`Applicant
`
`Opposition No. 91233966 (Parent)
`Opposition No. 91233991
`Opposition No. 91235990
`
`AMENDED NOTICE OF OPPOSITION
`
`The Gorilla Glue Company, a corporation organized under the laws of Ohio, having its
`
`principal place of business at 2101 East Kemper Road, Cincinnati, Ohio 45241 (hereinafter
`
`referred to as "Opposer), believes that it will be damaged by registration and use of the marks
`
`shown in trademark application Serial No. 86980789, trademark application Serial No. 86980788
`
`and trademark application Serial No. 86748509, and hereby opposes said applications.
`
`As grounds for opposition, it is alleged that:
`
`1.
`
`On July 10, 2015, Green Gorilla, Inc. (hereinafter referred to as "Applicant") filed a use-
`
`based application to register a stylized gorilla design (hereinafter referred to as "the Green
`
`Gorilla Design") in connection with "cosmetics, face creams, body lotions, lip balms, shampoos,
`
`hair treatment oils, healing salves, massage oils; hemp-based supplements, namely, oil tinctures,
`
`oral sprays, and oral chews; chews; hemp-based pet care products, namely, daily pet
`
`supplements, critical care pet supplements, pet healing salves, pet skin care oils, pet coat care
`
`oils, pet shampoo, pet conditioner, pet treats."
`
`2.
`
`The application was subsequently divided. The child application was assigned
`
`Serial No. 86980789 and was amended to claim intent-to-use in connection with "personal care
`
`products, namely, cosmetics, face creams, body lotions, lip balms, shampoos, hair treatment oils,
`
`non-medicated body salves, massage oils; pet care products, namely, non-medicated pet body
`
`

`

`salves, non-medicated pet skin care oils, non-medicated pet coat care oils, pet shampoo, pet
`
`conditioner; all of the foregoing containing industrial hemp-derived cannabidiol and olive oil" in
`
`Class 003, and "pet treats containing industrial hemp-derived cannabidiol and olive oil" in Class
`
`031. The mark was published for opposition on July 25, 2017.
`
`3.
`
`On July 10, 2015, Applicant filed a use-based application to register GREEN
`
`GORILLA in connection with "cosmetics, face creams, body lotions, lip balms, shampoos, hair
`
`treatment oils, healing salves, massage oils, eye care, wrinkle remover; supplements, namely,
`
`oils, sprays, chews, condition-specific supplement formulations; pet care products, namely, daily
`
`pet supplements, critical care pet supplements, pet healing salves, pet skin care oils, pet coat care
`
`oils, pet shampoo, pet conditioner, pet treats."
`
`4.
`
`The application was subsequently divided. The child application was assigned
`
`Serial No. 86980788, and was amended to claim intent-to-use in connection with "personal care
`
`products, namely, cosmetics, face creams, body lotions, lip balms, shampoos, hair treatment oils,
`
`non-medicated body salves, massage oils; pet care products, namely, non-medicated pet body
`
`salves, non-medicated pet skin care oils, non-medicated pet coat care oils, pet shampoo, pet
`
`conditioner; all of the foregoing containing industrial hemp-derived cannabidiol and olive oil" in
`
`Class 003, and "pet treats containing industrial hemp-derived cannabidiol and olive oil" in Class
`
`31. The mark was published for opposition on December 13, 2016.
`
`5.
`
`On September 4, 2015, Applicant filed a use-based application to register GREEN
`
`GORILLA and Design under Serial No. 86748509 in connection with "cosmetics, face creams,
`
`body lotions, lip balms, shampoos, hair treatment oils, healing salves, massage oils, eye care,
`
`wrinkle remover; supplements, namely, oils, sprays, chews, condition specific supplement
`
`

`

`formulations; pet care products, namely, daily pet supplements, critical care pet supplements, pet
`
`healing salves, pet skin care oils, pet coat care oils, pet shampoo, pet conditioner, pet treats."
`
`6.
`
`The application was subsequently divided. The parent application, Serial No.
`
`86748509, was amended to claim intent-to-use in connection with "personal care products,
`
`namely, cosmetics, face creams, body lotions, lip balms, shampoos, hair treatment oils, non-
`
`medicated body salves, massage oils; pet care products, namely, non-medicated pet body salves,
`
`non-medicated pet skin care oils, non-medicated pet coat care oils, pet shampoo, pet conditioner;
`
`all of the foregoing containing industrial hemp-derived cannabidiol and olive oil" in Class 003,
`
`and "pet treats containing industrial hemp-derived cannabidiol and olive oil" in Class 31. The
`
`mark was published for opposition on December 20, 2016.
`
`7.
`
`Opposer sells adhesive products under the marks GORILLA, GORILLA GLUE,
`
`and related marks. Opposer, through its predecessor in interest, first used its GORILLA
`
`trademarks at least as early as 1994.
`
`8.
`
`Opposer is the owner of United States trademark registrations for the following
`
`marks:
`
`GORILLA GLUE GORILLA BRAND PREMIUM GLUE, Reg. No. 2069032
`GORILLA BRAND PREMIER GLUE GORILLA PVC, Reg. No. 2328025
`GORILLA GLUE, Reg. No. 2449800
`GORILLA TAPE, Reg. No. 3105182
`GORILLA TAPE INCREDIBLY STRONG 100% TOUGH, Reg. No. 3336141
`GORILLA TOUGH, Reg. No. 3381899
`GORILLA, Reg. No. 3782761
`GORILLA, Reg. No. 3782762
`GORILLA, Reg. No. 4026349
`GORILLA, Reg. No. 4026350
`GORILLA, Reg. No. 4809495
`GORILLA, Reg. No. 4813797
`GORILLA INCREDIBLY STRONG, Reg. No. 4955512
`GORILLA INCREDIBLY STRONG 100% TOUGH, Reg. No. 4959865
`
`

`

`These registrations are valid and subsisting and in full force and effect. Reg. Nos. 2069032,
`
`2328025, 2449800, 3105182, 3336141, 3381899, 3782761, 3782762, 4026349 and 4026350
`
`have become incontestable under the provisions of Section 15 of the Trademark Act.
`
`9.
`
`A11 of the registrations recited in Paragraph 8 with the exception of Reg. Nos.
`
`4809495, 4813797, 4955512 and 4959865 issued before July 10, 2015, the filing date of
`
`Applicant's earliest intent-to-use application.
`
`10.
`
`Through extensive sales and advertising over a long period of time, Opposer's
`
`marks have become widely and favorably known throughout the United States. Opposer's goods
`
`have become associated with these marks in the minds of the public, and Opposer has built up
`
`and is the owner of substantial goodwill in its marks.
`
`11.
`
`Applicant's marks are confusingly similar in sound and appearance to Opposer's
`
`GORILLA marks. Applicant's marks present a confusingly similar commercial impression to
`
`that conveyed by Opposer's marks.
`
`12. On information and belief, use and registration by Applicant of the opposed
`
`marks for Applicant's goods would tend to cause confusion or to cause mistake or to deceive
`
`purchasers erroneously into the belief that Applicant's goods are in fact the products of Opposer,
`
`or are authorized or sponsored by or otherwise connected with the business of Opposer. Any
`
`fault or defect found in Applicant's goods would reflect upon and seriously injure the reputation
`
`which Opposer has established in its GORILLA marks. The prominent usage of the opposed
`
`marks by Applicant would appropriate to Applicant substantial amounts of the goodwill which
`
`Opposer has established. If registrations of Applicant's marks are granted, Opposer would be
`
`placed at a serious disadvantage in the sale of its goods, and Opposer would be substantially
`
`damaged in the conduct of its business.
`
`

`

`13.
`
`If registration of the opposed marks were to be granted to Applicant, the effect
`
`would be to create in Applicant statutory rights under the Trademark Act of 1946, and such
`
`registrations would tend to restrict and interfere with and damage Opposer in the unhampered
`
`conduct of its business.
`
`14.
`
`Opposer sells personal body care products including skin care creams, lotions,
`
`and related goods under its O'KEEFFE'S brand. Opposer ships its personal care products in
`
`interstate commerce to customers in packages bearing one or more of its GORILLA marks. On
`
`information and belief, Opposer has used such packaging continuously from a date prior to
`
`Applicant's earliest filing date.
`
`15.
`
`Opposer uses its corporate name, The Gorilla Glue Company, to promote its
`
`personal care products. On information and belief, Opposer has used its corporate name in
`
`connection with its personal care products from a date prior to Applicant's filing dates.
`
`16.
`
`Opposer's GORILLA marks are famous.
`
`17.
`
`Applicant filed the opposed applications after Opposer's GORILLA marks
`
`became famous. On information and belief, Applicant and its intended goods are associated with
`
`the marijuana industry.
`
`18.
`
`The use and registration of the opposed marks mark is likely to cause dilution of
`
`Opposer's GORILLA marks.
`
`19.
`
`The use of the opposed marks is likely to cause a decrease in the ability of the
`
`GORILLA marks to maintain their distinctiveness and close association with Opposer and/or
`
`maintain its excellent reputation in the minds of consumers.
`
`

`

`20.
`
`The goods with which the opposed marks are intended to be used are prohibited
`
`by law, and may not lawfully be used in commerce. Accordingly, the opposed marks are not
`
`entitled to registration.
`
`Wherefore, Opposer prays that this opposition be sustained, that the application hereby
`
`opposed by rejected and for such other and further relief as may be deemed appropriate.
`
`Respectfully submitted,
`Dinsmore & Shohl LLP
`
`By /bjschaeff/
`B. Joseph Schaeff
`Attorney for Opposer
`
`Fifth Third Center
`One South Main Street, Suite 1300
`Dayton, Ohio 45402
`Telephone: 937-449-6436
`Facsimile: 937-449-6405
`Email: joseph.schaeff@dinsmore.com
`
`

`

`ELECTRONIC MAILING CERTIFICATE
`
`I hereby certify that a true and correct copy of the foregoing is being submitted
`electronically through the electronic system for the Trademark Trial and Appeal Board
`("ESTTA") on this 2nd day of November, 2017.
`
`Dinsmore & Shohl LLP
`By /bjschaeff/
`B. Joseph Schaeff
`joseph.schaeff@dinsmore.com
`937-449-6436
`Attorney for Opposer, The Gorilla Glue Company
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing was served upon Applicant
`by email addressed to its counsel of record, Daniel M. Cislo, Esq. (tmk@cislo.com) this 2nd day
`of November, 2017.
`
`Dinsmore & Shohl LLP
`By /bjschaeff/
`B. Joseph Schaeff
`joseph.schaeff@dinsmore.com
`937-449-6436
`Attorney for Opposer, The Gorilla Glue Company
`
`

`

`EXHIBIT B
`EXHIBIT B
`
`

`

`11/2/2017
`
`Trademark Electronic Search System (TESS)
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`Goods and IC 003. US 001 004 006 050 051 052. G & S: personal care products, namely, cosmetics, face creams, body lotions,
`lip balms, shampoos, hair treatment oils, non-medicated body salves, massage oils; pet care products, namely, non-
`Services
`medicated pet body salves, non-medicated pet skin care oils, non-medicated pet coat care oils, pet shampoo, pet
`conditioner; all of the foregoing containing industrial hemp-derived cannabidiol and olive oil
`
`IC 031. US 001 046. G & S: pet treats containing industrial hemp-derived cannabidiol and olive oil
`
`Mark
`Drawing
`Code
`
`Design
`Search
`Code
`
`(2) DESIGN ONLY
`
`03.11.01 - Apes; Baboons; Chimpanzees; Gorillas; Monkeys; Orangutans
`03.11.24 - Stylized primates
`05.13.09 - Marijuana plants
`
`Serial
`Number
`Filing Date July 10, 2015
`
`86980789
`
`Current
`Basis
`
`Original
`Filing
`Basis
`
`Published
`for
`Opposition
`
`Owner
`
`1B
`
`July 25, 2017
`
`(APPLICANT) Green Gorilla, Inc. CORPORATION NEVADA 7080 Hollywood Blvd., Suite 1100 Los Angeles
`CALIFORNIA 90028
`
`Daniel M. Cislo,
`
`Attorney of
`Record
`Description The color(s) green is/are claimed as a feature of the mark. The mark consists of a green gorilla in a sitting position
`holding a green leaf
`of Mark
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`GREEN GORILLA
`
`Word Mark GREEN GORILLA
`Goods and IC 003. US 001 004 006 050 051 052. G & S: personal care products, namely, cosmetics, face creams, body lotions,
`Services lip balms, shampoos, hair treatment oils, non-medicated body salves, massage oils; pet care products, namely, non-
`medicated pet body salves, non-medicated pet skin care oils, non-medicated pet coat care oils, pet shampoo, pet
`conditioner; all of the foregoing containing industrial hemp-derived cannabidiol and olive oil
`
`IC 031. US 001 046. G & S: pet treats containing industrial hemp-derived cannabidiol and olive oil
`
`Standard
`Characters
`Claimed
`
`Mark
`Drawing (4) STANDARD CHARACTER MARK
`Code
`
`86980788
`
`Serial
`Number
`Filing Date July 10, 2015
`Current
`Basis
`
`1B
`
`Original
`Filing
`Basis
`Published
`for
`Opposition
`
`Owner
`
`Attorney
`of Record
`
`1A
`
`December 13, 2016
`
`(APPLICANT) Green Gorilla, Inc. CORPORATION NEVADA 7080 Hollywood Blvd., Suite 1100 Los Angeles
`CALIFORNIA 90028
`
`Daniel M. Cislo,
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802%3Ah6taxn.3.2
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`Word Mark GREEN GORILLA
`Goods and IC 003. US 001 004 006 050 051 052. G & S: personal care products, namely, cosmetics, face creams, body lotions,
`lip balms, shampoos, hair treatment oils, non-medicated body salves, massage oils; pet care products, namely, non-
`Services
`medicated pet body salves, non-medicated pet skin care oils, non-medicated pet coat care oils, pet shampoo, pet
`conditioner; all of the foregoing containing industrial hemp-derived cannabidiol and olive oil
`
`IC 031. US 001 046. G & S: pet treats containing industrial hemp-derived cannabidiol and olive oil
`
`Mark
`Drawing
`Code
`
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`Search
`Code
`
`Serial
`Number
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`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`03.11.01 - Apes; Baboons; Chimpanzees; Gorillas; Monkeys; Orangutans
`03.11.24 - Stylized primates
`05.03.25 - Leaf, single; Other leaves
`
`86748509
`
`Filing Date September 4, 2015
`
`Current
`Basis
`
`Original
`Filing
`Basis
`
`Published
`for
`Opposition
`
`Owner
`
`1B
`
`1A
`
`December 20, 2016
`
`(APPLICANT) Green Gorilla, Inc. CORPORATION NEVADA 7080 Hollywood Blvd., Suite 1100 Los Angeles
`CALIFORNIA 90028
`
`Attorney of
`Record
`
`Daniel M. Cislo
`
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`Trademark Electronic Search System (TESS)
`11/2/2017
`Description The color(s) green is/are claimed as a feature of the mark. The mark consists of a gorilla in a sitting position holding
`a leaf with the words "green gorilla" below the gorilla.
`of Mark
`
`Type of
`Mark
`
`TRADEMARK
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`Trademark Electronic Search System (TESS)
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`11/2/2017
`
`Type of
`Mark
`
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`
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`
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`
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`EXHIBIT C
`EXHIBIT C
`
`

`

`11/2/2017
`
`Trademark Electronic Search System (TESS)
`
`ul
`
`Hui„
`
`.(q
`
`I
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Thu Nov 2 05:21:43 EDT 2017
`
`Snri mum
`
`FR&:' CIRM
`
`NErr Doc
`
`LASTr Doc
`
`SEARCH OG
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`BOTTOM
`
`Logout Please logout when you are done to release system resources allocated for you.
`
`I Start
`
`List At:
`
`Jum
`
`OR
`
`to record:
`
`Record 1 out of 11
`
`TSDR
`
`ASSIGN Status
`
`TTAB Status
`
`( Use the "Back” button of the Internet Browser to return to
`
`TESS)
`
`GREEN GORILLA
`
`Word Mark
`
`GREEN GORILLA
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`IC 005. US 006 018 044 046 051 052. G & S: pet care products, namely, daily pet dietary supplements; all of
`the foregoing containing industrial hemp-derived cannabidiol and olive oil
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number 86982528
`
`Filing Date
`
`July 10, 2015
`
`Current Basis
`
`Original Filing
`Basis
`
`1B
`
`1A
`
`Owner
`
`Attorney of
`Record
`
`(APPLICANT) Green Gorilla, Inc. CORPORATION NEVADA 7080 Hollywood Blvd., Suite 1100 Los Angeles
`CALIFORNIA 90028
`
`Daniel M. Cislo,
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`FMB
`
`•
`
`Few
`
`P kWo-
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:h6taxn.3.1
`
`1/1
`
`!,HOME I SITE INDEX! SEARCH I eBUSINESS I HELP I PRIVACY POLICY
`
`

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`11/2/2017
`
`Trademark Electronic Search System (TESS)
`
`Home I
`
`I
`
`I
`
`I
`
`I
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Thu Nov 2 05:21:43 EDT 2017
`
`ass Home
`
`NEW USER
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`Record 5 out of 11
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`TSAR
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`TESS)
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`TTAB Status
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`( Use the "Back" button of the Internet Browser to return to
`
`Goods and IC 005. US 006 018 044 046 051 052. G & S: dietary and nutritional supplements, namely, oil tinctures, oral sprays,
`and oral chews; chews, namely, dietary and nutritional supplements, all of the foregoing containing industrial hemp-
`Services
`derived cannabidiol and olive oil. FIRST USE: 20150520. FIRST USE IN COMMERCE: 20150520
`
`Mark
`Drawing
`Code
`
`Design
`Search
`Code
`
`Serial
`Number
`
`(2) DESIGN ONLY
`
`03.11.01 - Apes; Baboons; Chimpanzees; Gorillas; Monkeys; Orangutans
`03.11.24 - Stylized primates
`
`86690122
`
`Filing Date July 10, 2015
`
`Current
`Basis
`
`Original
`Filing
`Basis
`
`Owner
`
`1A
`
`1A
`
`(APPLICANT) Green Gorilla, Inc. CORPORATION NEVADA 7080 Hollywood Blvd., Suite 1100 Los Angeles
`CALIFORNIA 90028
`
`Daniel M. Cislo,
`
`Attorney of
`Record
`Description The color(s) green is/are claimed as a feature of the mark. The mark consists of a gorilla in a sitting position holding
`of Mark
`a leaf.
`
`Type of
`Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`http://tmsearch.uspto.goy/bin/showfield?f=cloc&state=4802%3Ah6taxn.3.5
`
`1/2
`
`

`

`11/2/2017
`
`Trademark Electronic Search System (TESS)
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`l
`
`TESS was last updated on Thu Nov 2 05:21:43 EDT 2017
`
`reSs i-to
`
`NPOliffe'
`
`STRUC11.IRED
`
`FREE FORM WA OlVt` SEARCH 06
`
`BOTTOM
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`CuRR List
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`Doc
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`Record 6 out of 11
`
`TSDR
`
`ASSIGH Status
`
`TTAB Status
`
`( Use the "Back" button of the Internet Browser to return to
`
`TESS)
`
`GREEN GORILLA
`
`Word Mark GREEN GORILLA
`Goods and IC 005. US 006 018 044 046 051 052. G & S: dietary and nutritional supplements, namely, oil tinctures, oral sprays,
`and oral chews; chews, namely, dietary and nutritional supplements; all of the foregoing containing industrial hemp-
`Services
`derived cannabidiol and olive oil
`
`Standard
`Characters
`Claimed
`
`Mark
`Drawing
`Code
`
`Serial
`Number
`
`(4) STANDARD CHARACTER MARK
`
`86690140
`
`Filing Date July 10, 2015
`
`Current
`Basis
`
`Original
`Filing Basis
`
`Owner
`
`Attorney of
`Record
`
`Type of
`Mark
`
`1B
`
`1A
`
`(APPLICANT) Green Gorilla, Inc. CORPORATION NEVADA 7080 Hollywood Blvd., Suite 1100 Los Angeles
`CALIFORNIA 90028
`
`Daniel M. Cislo,
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802%3Ah6taxn.3.6
`
`1/2
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`

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`11/2/2017
`
`Trademark Electronic Search System (TESS)
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`I
`
`OS.
`
`TESS was last updated on Thu Nov 2 05:21:43 EDT 2017
`
`NEWUSERY Min=
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`Record 9 out of 11
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`( Use the "Back" button of the Internet Browser to return to
`
`TSDR
`
`TESS)
`
`a
`
`Word Mark GREEN GORILLA
`Goods and IC 005. US 006 018 044 046 051 052. G & S: dietary and nutritional supplements, namely, oil tinctures, oral sprays,
`and oral chews; chews, namely, dietary and nutritional supplements; pet care products, namely, daily pet dietary
`Services
`supplements; all of the foregoing containing industrial hemp-derived cannabidiol and olive oil. FIRST USE:
`20150520. FIRST USE IN COMMERCE: 20150520
`
`Mark
`Drawing
`Code
`
`Design
`Search
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`03.11.01 - Apes; Baboons; Chimpanzees; Gorillas; Monkeys; Orangutans
`03.11.24 - Stylized primates
`05.03.25 - Leaf, single; Other leaves
`
`Serial
`Number
`Filing Date September 4, 2015
`
`86980801
`
`Current
`Basis
`
`Original
`Filing
`Basis
`
`Owner
`
`1A
`
`1A
`
`(APPLICANT) Green Gorilla, Inc. CORPORATION NEVADA 7080 Hollywood Blvd., Suite 1100 Los Angeles
`CALIFORNIA 90028
`
`Daniel M. Cislo
`
`Attorney of
`Record
`Description The color(s) green is/are claimed as a feature of the mark. The mark consists of a gorilla in a sitting position holding
`a leaf with the words "green gorilla" below the gorilla.
`of Mark
`
`Type of
`Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`http://tmsearch.uspto.goy/bin/showfield?f=doc&state=4802c/o3Ah6taxn.3.9
`
`1/2
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`11/2/2017
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`Indicator
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`TOBSI-tom
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`1.HOME 1 SITE INDEX1 SEARCH 1 eBUSINESS 1 HELP I PRIVACY POLICY
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`

`11/2/2017
`
`Trademark Electronic Search System (TESS)
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`I
`
`TESS was last updated on Thu Nov 2 05:21:43 EDT 2017
`
`TESS Moms
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`FFtEE FORM
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`Record 4 out of 11
`
`TSDR
`
`ASSIGN Status
`
`TTAB Status
`
`( Use the "Back"button of the Internet Browser to return to
`
`TS-gi
`
`Goods and IC 005. US 006 018 044 046 051 052. G & S: pet care products, namely, daily pet dietary supplements containing
`industrial hemp-derived cannabidiol and olive oil. FIRST USE: 20150520. FIRST USE IN COMMERCE: 20150520
`Services
`
`Mark
`Drawing
`Code
`
`Design
`Search
`Code
`
`(2) DESIGN ONLY
`
`03.11.01 - Apes; Baboons; Chimpanzees; Gorillas; Monkeys; Orangutans
`03.11.24 - Stylized primates
`
`Serial
`Number
`Filing Date July 10, 2015
`
`86982934
`
`Current
`Basis
`
`Original
`Filing
`Basis
`
`Owner
`
`1A
`
`(APPLICANT) Green Gorilla, Inc. CORPORATION NEVADA 7080 Hollywood Blvd., Suite 1100 Los Angeles
`CALIFORNIA 90028
`
`Daniel M. Cislo,
`
`Attorney of
`Record
`Description The color(s) green is/are claimed as a feature of the mark. The mark consists of a gorilla in a sitting position holding
`a leaf.
`of Mark
`
`Type of
`Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802%3Ah6taxn.3.4
`
`1/2
`
`

`

`EXHIBIT D
`EXHIBIT D
`
`

`

`Generated on: This page was generated by TSDR on 2017-11-02 19:00:39 EDT
`
`Mark: GREEN GORILLA
`
`US Serial Number: 86980801
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing Sep. 04, 2015
`Date:
`
`LIVE/APPLICATION/Under Examination
`
`The trademark application has been accepted by the Office (has met the
`minimum filing requirements) and that this application has been assigned to
`an examiner.
`
`Status: A non-final Office action has been sent (issued) to the applicant. This is a letter from the examining attorney requiring additional
`information and/or making an initial refusal. The applicant must respond to this Office action. To view all documents in this file, click on
`the Trademark Document Retrieval link at the top of this page.
`
`Status Date: Jul. 31, 2017
`
`Mark Literal GREEN GORILLA
`Elements:
`
`Mark Information
`
`Standard Character No
`Claim:
`Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
`Type:
`Description of The mark consists of a gorilla in a sitting position holding a leaf with the words 'green gorilla" below the gorilla.
`Mark:
`
`Color Drawing: Yes
`
`Color(s) Claimed:
`
`The color(s) green is/are claimed as a feature of the mark.
`
`Design Search
`Code(s):
`
`03.11.01 - Chimpanzees; Orangutans; Monkeys; Apes; Baboons; Gorillas
`03.11.24 - Stylized primates
`05.03.25 - Other leaves; Leaf, single
`Related Properties Information
`
`Child Of: 86748509
`
`Goods and Services
`
`Note: The. following symbols indicate that the registrant/owner has amended the goods/services;
`
`• Brackets [..] indicate deleted goods/services;
`• Double parenthesis ((..)) identify any goods/services riot claimed in a Section 15 affidavit of incontestability; and
`•. Asterisks'.." identify additional (new) wording in the goods/services.
`
`For: dietary and nutritional supplements, namely, oil tinctures, oral sprays, and oral chews; chews, namely, dietary and nutritional
`supplements; pet care products, namely, daily pet dietary supplements; all of the foregoing containing industrial hemp-derived
`cannabidiol and olive oil
`
`International 005 - Primary Class
`Class(es):
`
`Class Status: ACTIVE
`
`U.S Class(es): 006, 018, 044, 046, 051, 052
`
`

`

`Basis: 1(a)
`
`First Use: May 20, 2015
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Use in Commerce: May 20, 2015
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Amended Use: No
`
`Amended ITU: Yes
`
`Amended 44D: No
`
`Amended 44E: No
`
`Currently No Basis: No
`Current Owner(s) Information
`
`Owner Name: Green Gorilla, Inc.
`
`Owner Address: 7080 Hollywood Blvd., Suite 1100
`Los Angeles, CALIFORNIA UNITED STATES 90028
`
`Legal Entity Type: CORPORATION
`
`State or Country NEVADA
`Where Organized:
`
`Attorney/Correspondence Information
`
`Attorney Name: Daniel M. Cislo
`
`Attorney Primary tmk@cislo.com
`Email Address:
`
`Attorney of Record
`
`Docket Number: 15-30441
`
`Attorney Email Yes
`Authorized:
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`DANIEL M CISLO
`CISLO & THOMAS LLP
`12100 WILSHIRE BLVD