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. 86243059 DNA(Standard Characters, see http://uspto.report/TM/86243059/mark.png) has been amended as follows:

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

AMENDMENTS

Please amend the identification of goods for class 34 by substituting the following:

Printed circuit boards (PCBs) sold as a component of electronic cigarettes, int. cl. 34.

REMARKS

The applicant acknowledges that the examining attorney has found not registered or pending marks that would bar registration under trademark action section 2 (d).  With respect to the issues of the specimen, identification of goods (class 34), and the significance of wording.

The applicant has provided a specimen for class 34 along with a declaration from the applicant’s president verifying that is was in actual use in commerce at least as early as the filing date of the application. 

With respect to the identification of the goods in class 34, the applicant has adopted the identification of goods suggested by the examining attorney. 

With respect to the significance of the letters “DNA”, the applicant is not aware of any significance in the trade or industry for the applied for goods other than the trademark significance of the letters DNA in connection with the applicant’s products.  The letters DNA are not a term of art in the applicant’s industry. 

In view the foregoing amendment and remarks the applicant believes that the application is condition for publication and respectfully requests notice of the same.

EVIDENCE
Evidence in the nature of Executed Declaration by applicant confirming mark is currently in use. has been attached.
Original PDF file:
evi_9810384194-132143126_._209639.00005_Executed_Declaration_SOU.PDF
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for Electronic cigarette component, namely a printed circuit board (PCB)
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 04/23/2012 and first used in commerce at least as early as 04/23/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Electronic cigarette component, namely a printed circuit board (PCB); Printed circuit boards (PCBs) sold as a component of electronic cigarettes, int. cl. 34.Class 034 for Printed circuit boards (PCBs) sold as a component of electronic cigarettes, int. cl. 34.
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 04/23/2012 and first used in commerce at least as early as 04/23/2012 , 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 Digital screen shot of applicant's webpage showing use of mark .
"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
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: /Shannon V. McCue/     Date: 08/21/2014
Signatory's Name: Shannon V. McCue
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 330-864-5550

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.

        
Serial Number: 86243059
Internet Transmission Date: Fri Aug 22 08:58:20 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2014082208582056
1310-86243059-500aa19707e25da9f368f9c0a9
1ee6e3b6a05ee326ef391987c448678ea7581c36
-N/A-N/A-20140821132143126127