Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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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. 85898370 GOLDEN VIRGINIA (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85898370) 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 Tobacco whether manufactured or unmanufactured; tobacco products; tobacco substitutes, none being for medicinal or curative purposes; hand rolling tobacco; cigarettes; cigarette papers, cigarette tubes, cigarette filters, pocket cigarette rolling machines, hand held machines for injecting tobacco into paper tubes; smokers' articles and matches
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Community application number 011453156 filed 12/24/2012]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Tobacco whether manufactured or unmanufactured; tobacco products; tobacco products, namely, smoking tobacco and cigarillos; tobacco substitutes, none being for medicinal or curative purposes; hand rolling tobacco; cigarettes; cigarette papers, cigarette tubes, cigarette filters, pocket cigarette rolling machines, hand held machines for injecting tobacco into paper tubes; cigarette papers; smokers' articles and matches; cigarette tubes; cigarette filters; pocket cigarette rolling machines; hand held machines for injecting tobacco into paper tubes; smokers' articles, namely, lighters, cigarette cases, tobacco pouches and tobacco tins; matchesClass 034 for Tobacco whether manufactured or unmanufactured; tobacco products, namely, smoking tobacco and cigarillos; tobacco substitutes, none being for medicinal or curative purposes; hand rolling tobacco; cigarettes; cigarette papers; cigarette tubes; cigarette filters; pocket cigarette rolling machines; hand held machines for injecting tobacco into paper tubes; smokers' articles, namely, lighters, cigarette cases, tobacco pouches and tobacco tins; matches
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Community application number 011453156 filed 12/24/2012]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-7493669-201312569_._CTM-GOLDEN_VIRGINIA-011453156-Reg_Cert.PDF
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MARTIN R. GREENSTEIN
TECHMARK A LAW CORPORATION
4820 HARWOOD RD FL 2
SAN JOSE
California (CA)
US
95124-5200

Proposed:
MARTIN R. GREENSTEIN of TECHMARK A LAW CORPORATION, having an address of
4820 HARWOOD RD, 2ND FLOOR SAN JOSE, California 95124-5200
United States
MRG@TechMark.com;AMR@TechMark.com; LZH@TechMark.com
408-266-4700
408-850-1955



ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use VIRGINIA apart from the mark as shown.


SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Angelique M. Riordan/     Date: 10/18/2013
Signatory's Name: Angelique Riordan
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 408-266-4700

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.

Mailing Address:    MARTIN R. GREENSTEIN
   TECHMARK A LAW CORPORATION
   4820 HARWOOD RD, 2ND FLOOR
   SAN JOSE, California 95124-5200
        
Serial Number: 85898370
Internet Transmission Date: Fri Oct 18 20:39:30 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.X.XX-2013101820393066296
3-85898370-500891622f23eed3748ccdde4059d
0ea97c44d11a20091718fe6402bdeea5a90-N/A-
N/A-20131018201312569754