Preliminary Amendment

PTO Form 1966 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1966 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/30/2011)

Preliminary Amendment

To the Commissioner for Trademarks:

Application serial no. 77641731 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: GREEN SMOKE (standard characters)
Proposed (USPTO generated image): GREEN-SMOKE ITS ELECTRIC AND LOGO DESIGN (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for Electronic cigarettes for use as an alternative to traditional cigarettes
Original Filing 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 11/01/2008 and first used in commerce at least as early as 11/01/2008, and is now in use in such commerce.

Proposed: Class 034 for ELECTRONIC GADGET PEOPLE SUCK ON AND EMMITS WATER VAPOR
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 11/04/2004 and first used in commerce at least as early as 11/04/2004, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 034. The specimen(s) submitted consists of BUSINESS CARDS.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Current:
ORI ADIVI
GREEN SMOKE, INC.
3551 MAGELLAN CIR APT 426
AVENTURA, FL 33180-3774

Proposed:
BAKSHET, having an address of
718 EASTERN PK ST3 BKLYN, New York 11213
United States
7183639505



SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /deis/      Date: 09/17/2009
Signatory's Name: deis
Signatory's Position: as

Voluntary Amendment Signature
Signature: /heis/     Date: 09/17/2009
Signatory's Name: heis
Signatory's Position: as

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 77641731
Internet Transmission Date: Thu Sep 17 23:44:56 EDT 2009
TEAS Stamp: USPTO/PRA-XXX.X.XXX.XXX-2009091723445657
1718-77641731-4602dfb78b4fe569285a83493d
5dea9-N/A-N/A-20090917232341382112