Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER79213558
LAW OFFICE ASSIGNEDLAW OFFICE 116
MARK SECTION
MARK FILE NAME https://tmng-al.uspto.gov/resting2/api/img/79213558/large
LITERAL ELEMENT PEBBLE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)		Color is not claimed as a feature of the mark.
LEGAL ENTITY SECTION (current)
TYPE APPLICANT ENTERED NO DATA
LEGAL ENTITY SECTION (proposed)
TYPE limited company (ltd.)
STATE/COUNTRY WHERE LEGALLY ORGANIZED United Kingdom
ARGUMENT(S)

The Examining Attorney has cited a pending U.S. application for PEBBLE’S DONUT (U.S. Serial No. 86817195) for “Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges” in class 34 owned by Marina Vape, LLC as a possible basis for a likelihood of confusion.   Applicant respectfully submits that its PEBBLE (Stylized) mark, as applied to the goods as set forth in its application, is sufficiently different from this pending application such that confusion is not likely to occur.        

GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS034
DESCRIPTION
Electronic cigarettes; cartridges for electronic cigarettes; liquids for electronic cigarettes; cigarettes containing tobacco substitutes; tobacco substitutes; cigarettes; tobacco; tobacco products; cigarette cases; cigarette boxes
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS034
TRACKED TEXT DESCRIPTION
Electronic cigarettes; cartridges for electronic cigarettes; cartridges for electronic cigarettes sold filled with chemical flavorings in liquid form; electronic cigarette refill cartridges sold empty; cigarettes containing tobacco substitutes; liquids for electronic cigarettes; cigarettes containing tobacco substitutes not for medical purposes; tobacco substitutes; cigarettes; tobacco products; tobacco; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; cigarette cases; cigarette boxes
FINAL DESCRIPTION
Electronic cigarettes; cartridges for electronic cigarettes sold filled with chemical flavorings in liquid form; electronic cigarette refill cartridges sold empty; liquids for electronic cigarettes; cigarettes containing tobacco substitutes not for medical purposes; tobacco substitutes; cigarettes; tobacco; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; cigarette cases; cigarette boxes
ADDITIONAL STATEMENTS SECTION
COLOR(S) CLAIMED
(If applicable) 		The color(s) green and white is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of the stylized wording "PEBBLE" in white inside a green rectangle.
NEW ATTORNEY SECTION
NAME Nina Shreve & Lisa Mottes
FIRM NAME Fitzpatrick, Cella, Harper & Scinto
INDIVIDUAL ATTORNEY
DOCKET/REFERENCE NUMBER 		04213.008025
STREET 1290 Avenue of the Americas
CITY New York
STATE New York
ZIP/POSTAL CODE 10104
COUNTRY United States
PHONE 2122182100
FAX 2122182200
NEW CORRESPONDENCE SECTION
NAME Nina Shreve & Lisa Mottes
FIRM NAME Fitzpatrick, Cella, Harper & Scinto
DOCKET/REFERENCE NUMBER 04213.008025
STREET 1290 Avenue of the Americas
CITY New York
STATE New York
ZIP/POSTAL CODE 10104
COUNTRY United States
PHONE 212-218-2100
FAX 212-218-2200
SIGNATURE SECTION
RESPONSE SIGNATURE /LisaMottes/
SIGNATORY'S NAME Lisa Mottes
SIGNATORY'S POSITION Attorney of Record, NY & NJ Bar Member
SIGNATORY'S PHONE NUMBER 212-218-2372
DATE SIGNED 02/15/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Feb 15 14:45:49 EST 2018
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
180215144549466875-792135
58-51099df87b9338652171d5
1302f2cafb523efeba8e7961e
6f576a827a7d937b9f2-N/A-N
/A-20180215143839966848


Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79213558 PEBBLE (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/79213558/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has cited a pending U.S. application for PEBBLE’S DONUT (U.S. Serial No. 86817195) for “Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges” in class 34 owned by Marina Vape, LLC as a possible basis for a likelihood of confusion.   Applicant respectfully submits that its PEBBLE (Stylized) mark, as applied to the goods as set forth in its application, is sufficiently different from this pending application such that confusion is not likely to occur.        



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; cartridges for electronic cigarettes; liquids for electronic cigarettes; cigarettes containing tobacco substitutes; tobacco substitutes; cigarettes; tobacco; tobacco products; cigarette cases; cigarette boxes
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Electronic cigarettes; cartridges for electronic cigarettes; cartridges for electronic cigarettes sold filled with chemical flavorings in liquid form; electronic cigarette refill cartridges sold empty; cigarettes containing tobacco substitutes; liquids for electronic cigarettes; cigarettes containing tobacco substitutes not for medical purposes; tobacco substitutes; cigarettes; tobacco products; tobacco; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; cigarette cases; cigarette boxes

Class 034 for Electronic cigarettes; cartridges for electronic cigarettes sold filled with chemical flavorings in liquid form; electronic cigarette refill cartridges sold empty; liquids for electronic cigarettes; cigarettes containing tobacco substitutes not for medical purposes; tobacco substitutes; cigarettes; tobacco; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; cigarette cases; cigarette boxes

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Nicoventures Holdings Limited having an address of
      
      Globe House, 1 Water StreetLondon WC2R 3LA
      ,
      United Kingdom

Proposed: Nicoventures Holdings Limited, limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      Globe House, 1 Water Street
      London WC2R 3LA
      United Kingdom

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Nina Shreve & Lisa Mottes of Fitzpatrick, Cella, Harper & Scinto, having an address of
1290 Avenue of the Americas New York, New York 10104
United States
2122182100
2122182200
The attorney docket/reference number is 04213.008025 .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Proposed:
Nina Shreve & Lisa Mottes of Fitzpatrick, Cella, Harper & Scinto, having an address of
1290 Avenue of the Americas New York, New York 10104
United States
212-218-2100
212-218-2200
The docket/reference number is 04213.008025 .



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

Description of mark
The mark consists of the stylized wording "PEBBLE" in white inside a green rectangle.

SIGNATURE(S)
Response Signature
Signature: /LisaMottes/     Date: 02/15/2018
Signatory's Name: Lisa Mottes
Signatory's Position: Attorney of Record, NY & NJ Bar Member

Signatory's Phone Number: 212-218-2372

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Nina Shreve & Lisa Mottes
   Fitzpatrick, Cella, Harper & Scinto
   1290 Avenue of the Americas
   New York, New York 10104
        
Serial Number: 79213558
Internet Transmission Date: Thu Feb 15 14:45:49 EST 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20180215144549466
875-79213558-51099df87b9338652171d51302f
2cafb523efeba8e7961e6f576a827a7d937b9f2-
N/A-N/A-20180215143839966848