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. 85947748 BEYOND(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85947748) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 008 for Hand operated atomizers, vaporizers, and sprayers for use with industrial liquids

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for (Based on Use in Commerce) Retail store services featuring vaporizers, portable vaporizers, accessories for vaporizers, electronic cigarettes, hand operated atomizers, chemical flavorings in liquid form used to refill hand operated atomizers, vaporizers, and electronic cigarettes; electronic cigarette batteries, battery chargers for electronic cigarette batteries, USB chargers for electronic cigarette batteries, car chargers for electronic cigarette batteries.(Based on Intent to Use) On-line retail store services featuring vaporizers, portable vaporizers, accessories for vaporizers, electronic cigarettes, hand operated atomizers, chemical flavorings in liquid form used to refill hand operated atomizers, vaporizers, and electronic cigarettes; electronic cigarette batteries, battery chargers for electronic cigarette batteries, USB chargers for electronic cigarette batteries, car chargers for electronic cigarette batteries
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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 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/services that meet the certification standards of the applicant.

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 05/15/2013 and first used in commerce at least as early as 05/15/2013 , and is now in use in such commerce.

Proposed: Class 035 for (Based on Use in Commerce) Retail store services featuring vaporizers, portable vaporizers, accessories for vaporizers, electronic cigarettes, hand operated atomizers, chemical flavorings in liquid form used to refill hand operated atomizers, vaporizers, and electronic cigarettes; electronic cigarette batteries, battery chargers for electronic cigarette batteries, USB chargers for electronic cigarette batteries, car chargers for electronic cigarette batteries.(Based on Intent to Use) On-line retail store services featuring vaporizers, portable vaporizers, accessories for vaporizers, electronic cigarettes, hand operated atomizers, chemical flavorings in liquid form used to refill hand operated atomizers, vaporizers, and electronic cigarettes; electronic cigarette batteries, battery chargers for electronic cigarette batteries, USB chargers for electronic cigarette batteries, car chargers for electronic cigarette batteries
Deleted Filing Basis: 1(b)
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 05/15/2013 and first used in commerce at least as early as 05/15/2013 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of Photo of front of "Beyond" retail store. .
"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 File1

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: /Billy Chen/      Date: 09/17/2013
Signatory's Name: Billy Chen
Signatory's Position: Owner
Signatory's Phone Number: 213-596-8895



Signature: /Michael Chen/      Date: 09/17/2013
Signatory's Name: Michael Chen
Signatory's Position: Owner
Signatory's Phone Number: 213-599-8996



Signature: /Wen Wei/      Date: 09/17/2013
Signatory's Name: Wen Wei
Signatory's Position: Owner
Signatory's Phone Number: 408-826-8307



Signature: /Donald Giang/      Date: 09/17/2013
Signatory's Name: Donald Giang
Signatory's Position: Owner
Signatory's Phone Number: 626-233-6993


Response Signature
Signature: /Billy Chen/     Date: 09/17/2013
Signatory's Name: Billy Chen
Signatory's Position: Owner

Signatory's Phone Number: 213-596-8895

Response Signature
Signature: /Michael Chen/     Date: 09/17/2013
Signatory's Name: Michael Chen
Signatory's Position: Owner

Signatory's Phone Number: 213-599-8996

Response Signature
Signature: /Wen Wei/     Date: 09/17/2013
Signatory's Name: Wen Wei
Signatory's Position: Owner

Signatory's Phone Number: 408-826-8307

Response Signature
Signature: /Donald Giang/     Date: 09/17/2013
Signatory's Name: Donald Giang
Signatory's Position: Owner

Signatory's Phone Number: 626-233-6993

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: 85947748
Internet Transmission Date: Tue Sep 17 20:03:24 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2013091720032435
6956-85947748-500ba8d6bde445386675408a44
3dc25d4a64c2fbc8a9fe2a14b0c690373c3f92c-
N/A-N/A-20130917195522036270