Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86135066

Filing Date: 12/04/2013

To the Commissioner for Trademarks:

MARK: AVAIL (stylized and/or with design, see mark)

The literal element of the mark consists of AVAIL.
The mark consists of the stylized wording AVAIL where the second letter A and the letter I are attached at the bottom and where there is a triangle at the top of the letter I.
The applicant, Avail Vapor, LLC, a limited liability company legally organized under the laws of Virginia, having an address of
      3224 West Cary Street
      Richmond, Virginia 23221
      United States


requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 001:  Cartridges sold filled with vegetable glycerin for electronic cigarettes; Cartridges sold filled with propylene glycol for electronic cigarettes; Cartridges, refill cartridges, nicotine cartridges, all sold filled with propylene glycol and/or vegetable glycerine for electronic cigarettes and electronic smoking devices

In International Class 001, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/10/2013, and first used in commerce at least as early as 03/10/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Photo showing mark on packaging for goods.

Original PDF file:
SPE0-17388145-151920526_._avail_specimen_-_class_1.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 009:  Cases adapted for carrying electronic devices being goods for charging electronic cigarettes and electronic cigarette batteries, all for cigarette and tobacco smokers; Cases for battery chargers for electronic cigarettes; Electronic cigarette batteries; Electric cigarette batteries; Electric cigarette wall chargers; Electronic cigar batteries; Electronic cigarette battery chargers; Electric cigarette USB chargers; Electronic cigarette charging cords; Electric cigarette Pass-through USB chargers; Electric cigarette adapters allowing USB chargers to plug into a standard wall outlet; Electronic cigar battery chargers; Electronic devices and appliances for charging and carrying electronic cigarettes and electronic cigarette batteries, all for cigarette and tobacco smokers, namely, charger cases, USB chargers, wall plug adaptors and car chargers; Portable charging cases specially adapted for use with electronic cigarettes, namely, battery chargers for electronic cigarettes sold with cases; Electronic cigarette kits comprising electronic cigarette batteries, portable charging cases specially adapted for use with electronic cigarettes, wall charging adapters, USB cables for charging the portable charging cases, USB battery chargers for charging electronic cigarette batteries, an atomizer, refill cartridges, and electronic cigarette refill liquid; Electronic cigarette kits comprising electronic cigarette batteries, tanks for electronic cigarettes, USB charging cord, replacement coils; Electronic cigarette kits comprising electronic cigarette batteries, tanks for electronic cigarettes, USB charging cord; Electronic cigarettes kits comprising cartridges, liquid flavorings, batteries and chargers
Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

       International Class 011:  Portable rechargable electric vaporizers and vaporizer parts, namely, diffusing unit, heating element, plastic base; electric vaporizers; Electronic vaporizers; electrically powered handheld vaporizers for vaporizing vaporizable constituents of herbal and plant matter for creating an aroma; electronic herbal vaporizers; electric and battery operated aromatherapy units; apparatus for heating and vapor generating, namely, electric vaporizers

In International Class 011, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/10/2013, and first used in commerce at least as early as 03/10/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Photo of goods showing mark on goods.
Specimen File1

       International Class 030:  Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Chemical flavorings in liquid form used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form used to refill electronic cigarette cartridges

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/10/2013, and first used in commerce at least as early as 03/10/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Photos showing the mark on the goods.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-17388145-151920526_._avail_specimen_3_-_class_30.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-17388145-151920526_._avail_specimen_4_-_class_30.pdf
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Specimen File1
Specimen File2
Original PDF file:
SPE0-17388145-151920526_._avail_specimen_1_class_30_and_35.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 034:  Adjustable voltage electronic cigarettes; Atomizers and cartomizers for electronic cigarettes and electronic smoking devices; Automatic electric cigarettes; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cases specially adapted for electrical and electronic cigarettes, cigars, and smoking pipes; Disposable electronic cigars; Disposable electronic cigarettes; Electronic cigarette cases; Electronic cigar cases; Electronic cigarette holders or lanyards; Electric cigarettes; Electric cigars; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic cigarette refill cartridges sold empty; Electronic cigarette lighters; Electric cigarette springs sold as a component of electronic cigarettes; Electric cigarette heating plates sold as a component of electronic cigarettes; Electric cigarette drip tips sold as a component of electronic cigarettes; Electric cigarette mouthpieces sold as a component of electronic cigarettes; Electric cigarette tinctures sold as a component of electronic cigarettes; Electric cigarette herbal preparations for smoking; Electric cigarette plant concentrates for smoking; Electronic cigarette replacement parts; Electronic cigarette herbal vaporizer pipe; Electronic cigarette vaporizer herb dish; Electric cigarette tools for loading electric cigarettes with vaporizable product; Electronic cigarette drip bottle; Electronic cigars; Electronic smoking pipes; Electronic hookahs; Electronic nicotine inhalator; Electric cigarette components, namely, clearomizers, drip shield, drip tips, filter tips, heating coils sold as a component of electronic cigarettes, mods, tanks, wicks; Portable rechargable electric vaporizers and vaporizer parts and accessories consisting of liquids, cartridges, atomizers, batteries, tanks, mods, USB and wall chargers, e-pipes, e-cigars, drip tips; Rechargeable electronic cigarettes; Rechargeable electronic cigars; Smokeless cigar vaporizer pipes; Smokeless cigarette vaporizer pipe; Smokeless vaporizer pipes; Component parts for electronic cigarettes, namely, atomizers, cartomizers, cartridges, drip tips and refill cartridges for electronic cigarettes; Empty refill cartridges being component parts of electronic cigarettes; Electronic cigarette kits comprised of electronic cigarettes and carrying cases; Kits for electronic cigarettes comprising cartridges, liquid flavorings, batteries and chargers; Electronic cigarette starter kits comprising electronic cigarette batteries, wall charging adapters, USB cables, heating elements with cartomizers and plastic drip tips, refill cartomizers, and refill electronic cigarette liquid
Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

       International Class 035:  Retail store services featuring smoking and vaping simulators and accessories, namely, atomizers, battery mod systems, batteries, cartridges, cartridges sold filled with propylene glycol and vegetable glycerin for electronic cigarettes, cartomizers, chemical flavorings in liquid form used to refill electronic cigarette cartridges, drip tips, electronic cigarettes, electronic cigarette parts and accessories, electronic cigarette holders or lanyards, electronic cigarette tanks, personal vaporizers, and electronic smoking pipes, electronic nicotine inhalators, electronic smoking devices and parts, electronic pens, electronic cigarette liquids, e-liquids, e-juice, smoke juice, electronic cigars, electronic cigarette tanks, electronic pipes, electronic cigarette cartridges, electronic cigarette rechargeable batteries, electronic cigarette disposables, electronic cigarette car chargers, electronic cigarette USB chargers, electronic cigarette wall chargers, electronic cigarette cartomizers, electronic cigarette mod systems, electronic pipes, electronic vaporizers, electronic hookahs, mods, tanks, USB and wall chargers, vaporizers, electronic cigarette starter kits, electronic cigarette kits comprising e-liquids, e-cigarette mods, atomizers, cartomizers, passthroughs, drip tips and cartridges; Online retail store services featuring smoking and vaping simulators and accessories, namely, atomizers, battery mod systems, batteries, cartridges, cartridges sold filled with propylene glycol and vegetable glycerin for electronic cigarettes, cartomizers, chemical flavorings in liquid form used to refill electronic cigarette cartridges, clothing, drip tips, electronic cigarettes, electronic cigarette parts and accessories, electronic cigarette holders or lanyards, electronic cigarette tanks, personal vaporizers, and electronic smoking pipes, electronic nicotine inhalators, electronic smoking devices and parts, electronic pens, electronic cigarette liquids, e-liquids, e-juice, smoke juice, electronic cigars, electronic cigarette tanks, electronic pipes, electronic cigarette cartridges, electronic cigarette rechargeable batteries, electronic cigarette disposables, electronic cigarette car chargers, electronic cigarette USB chargers, electronic cigarette wall chargers, electronic cigarette cartomizers, electronic cigarette mod systems, electronic pipes, electronic vaporizers, electronic hookahs, mods, tanks, USB and wall chargers, vaporizers, electronic cigarette starter kits, electronic cigarette kits comprising e-liquids, e-cigarette mods, atomizers, cartomizers, passthroughs, drip tips and cartridges; electronic cigarette e-liquid manufacturing, bottling and distribution; e-liquid filling of cartridges, cartomizers, and tanks, and bulk e-liquid sales; Retail store services featuring clothing; Online retail store services featuring clothing; Retail outlets featuring rechargable ecigs tastings; providing ecigs tasting services at retail outlets where users plug in their own mouthpiece and sample different rechargable ecigs having different flavors of vapor

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/01/2013, and first used in commerce at least as early as 08/01/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) website printouts showing the mark in connection with the services.

Original PDF file:
SPE0-1-17388145-151920526_._avail_specimen_1_class_30_and_35.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-17388145-151920526_._avail_specimen_7_-_class_35.pdf
Converted PDF file(s) (1 page)
Specimen File1



The applicant's current Attorney Information:
      Sheryl De Luca and All other attorneys of Nixon & Vanderhye P.C. of Nixon & Vanderhye P.C.

      11th Floor
      901 N. Glebe Road
      Arlington, Virginia 22203
      United States
The attorney docket/reference number is SLD-6052-2.

The applicant's current Correspondence Information:

Sheryl De Luca

Nixon & Vanderhye P.C.

11th Floor       901 N. Glebe Road

Arlington, Virginia 22203

703-816-4000(phone)

703-816-4100(fax)

nixonptomail@nixonvan.com (authorized)

A fee payment in the amount of $1950 has been submitted with the application, representing payment for 6 class(es).

Declaration

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, and the like, 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; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Sheryl De Luca/   Date: 12/04/2013
Signatory's Name: Sheryl De Luca
Signatory's Position: Attorney of Record, VA bar member
RAM Sale Number: 86135066
RAM Accounting Date: 12/05/2013

Serial Number: 86135066
Internet Transmission Date: Wed Dec 04 15:45:49 EST 2013
TEAS Stamp: USPTO/BAS-XXX.X.X.XXX-201312041545493969
73-86135066-500089aa299eda9fe081e1dadaf9
13fba5c558d2418a2f8c886da36a47833a9a9-CC
-2551-20131204151920526355