PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER85742818
LAW OFFICE ASSIGNEDLAW OFFICE 106
MARK SECTION
MARK FILE NAME http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85742818
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
GOODS AND/OR SERVICES SECTION (034)(current)
INTERNATIONAL CLASS034
DESCRIPTION
Electronic cigarettes and parts thereof ; Nicotine based liquid used to refill electronic cigarettes
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/27/2009
        FIRST USE IN COMMERCE DATE At least as early as 10/27/2009
GOODS AND/OR SERVICES SECTION (034)(proposed)
INTERNATIONAL CLASS034
TRACKED TEXT DESCRIPTION
Electronic cigarettes and parts thereof; electronic cigarettes sold as a unit with battery chargers, refill cartridges and carrying cases therefor; Nicotine based liquid used to refill electronic cigarettes
FINAL DESCRIPTION
electronic cigarettes sold as a unit with battery chargers, refill cartridges and carrying cases therefor
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/27/2009
       FIRST USE IN COMMERCE DATE At least as early as 10/27/2009
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILESPU0-1-50731117-185257093_._Document1.pdf
       CONVERTED PDF FILE(S)
       (2 pages) 		\\TICRS\EXPORT16\IMAGEOUT16\857\428\85742818\xml5\ROA0002.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\857\428\85742818\xml5\ROA0003.JPG
       SPECIMEN DESCRIPTIONportion of website selling goods; see also specimen previously submitted
GOODS AND/OR SERVICES SECTION (001)(class added)
INTERNATIONAL CLASS001
DESCRIPTIONnicotine based liquid used to refill electronic cigarettes
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/27/2009
        FIRST USE IN COMMERCE DATE At least as early as 10/27/2009
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILESPN0-50731117-185257093_._Document1.pdf
       CONVERTED PDF FILE(S)
       (2 pages) 		\\TICRS\EXPORT16\IMAGEOUT16\857\428\85742818\xml5\ROA0004.JPG
       \\TICRS\EXPORT16\IMAGEOUT16\857\428\85742818\xml5\ROA0005.JPG
       SPECIMEN DESCRIPTIONportion of website selling goods; see also specimen previously submitted
PAYMENT SECTION
NUMBER OF CLASSES1
FEE PER CLASS325
TOTAL FEES DUE325
SIGNATURE SECTION
DECLARATION SIGNATURE /David Ludwig/
SIGNATORY'S NAME David Ludwig
SIGNATORY'S POSITION Attorney of record, Virginia bar member
SIGNATORY'S PHONE NUMBER 703-777-7319
DATE SIGNED 05/15/2013
RESPONSE SIGNATURE /David Ludwig/
SIGNATORY'S NAME David Ludwig
SIGNATORY'S POSITION Attorney of record, Virginia bar member
SIGNATORY'S PHONE NUMBER 703-777-7319
DATE SIGNED 05/15/2013
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed May 15 19:03:50 EDT 2013
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-201
30515190350916194-8574281
8-500601d2d9541e9418404c6
544943596ec17ffd6f740751e
afa4825f6beacc1f-CC-6068-
20130515185257093231


PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85742818  (Stylized and/or with Design, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85742818) has been amended as follows:

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 and parts thereof ; Nicotine based liquid used to refill electronic 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 10/27/2009 and first used in commerce at least as early as 10/27/2009 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Electronic cigarettes and parts thereof; electronic cigarettes sold as a unit with battery chargers, refill cartridges and carrying cases therefor; Nicotine based liquid used to refill electronic cigarettes

Class 034 for electronic cigarettes sold as a unit with battery chargers, refill cartridges and carrying cases therefor
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 10/27/2009 and first used in commerce at least as early as 10/27/2009 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 034 . The specimen(s) submitted consists of portion of website selling goods; see also specimen previously submitted .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-1-50731117-185257093_._Document1.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

Applicant hereby adds the following class of goods/services to the application:
New: Class 001 for nicotine based liquid used to refill electronic cigarettes
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 10/27/2009 and first used in commerce at least as early as 10/27/2009 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 001 . The specimen(s) submitted consists of portion of website selling goods; see also specimen previously submitted .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPN0-50731117-185257093_._Document1.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

FEE(S)
Fee(s) in the amount of $325 is being submitted.

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. 2.44. 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. Section 1001, 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. Section 1051(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: /David Ludwig/      Date: 05/15/2013
Signatory's Name: David Ludwig
Signatory's Position: Attorney of record, Virginia bar member
Signatory's Phone Number: 703-777-7319


Response Signature
Signature: /David Ludwig/     Date: 05/15/2013
Signatory's Name: David Ludwig
Signatory's Position: Attorney of record, Virginia bar member

Signatory's Phone Number: 703-777-7319

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.

        
RAM Sale Number: 85742818
RAM Accounting Date: 05/16/2013
        
Serial Number: 85742818
Internet Transmission Date: Wed May 15 19:03:50 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201305151903509161
94-85742818-500601d2d9541e9418404c654494
3596ec17ffd6f740751eafa4825f6beacc1f-CC-
6068-20130515185257093231