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. 86270524 FUM(Standard Characters, see http://uspto.report/TM/86270524/mark.png) 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 030 for Electronic cigarette liquid (e-liquid); flavoring solutions for combination with tobacco-derived solutions for use with electronic cigarettes; flavoring solutions for combination with tobacco substitutes for use with electronic cigarettes; cases for carrying electronic cigarettes and electronic cigarette accessories
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 12/18/2013 and first used in commerce at least as early as 02/03/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Electronic cigarette liquid (e-liquid); Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form used to refill electronic cigarette cartridges; flavoring solutions for combination with tobacco-derived solutions for use with electronic cigarettes; flavoring solutions for combining with tobacco-derived solutions and tobacco substitutes for use with electronic cigarettes, namely, chemical flavorings in liquid form used to refill electronic cigarette cartridges; flavoring solutions for combination with tobacco substitutes for use with electronic cigarettes; cases for carrying electronic cigarettes and electronic cigarette accessoriesClass 030 for Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form used to refill electronic cigarette cartridges; flavoring solutions for combining with tobacco-derived solutions and tobacco substitutes for use with electronic cigarettes, namely, chemical flavorings in liquid form used to refill electronic cigarette cartridges
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 12/18/2013 and first used in commerce at least as early as 02/03/2014 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for Electronic cigarettes; smokeless cigarette vaporizer pipes; atomizers, namely, hand-operated atomizers; tobacco substitutes not for medical purposes for use with electronic cigarettes; solutions including tobacco derivatives for use with electronic cigarettes; cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of 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 12/18/2013 and first used in commerce at least as early as 02/03/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Electronic cigarettes; smokeless cigarette vaporizer pipes; atomizers, namely, hand-operated atomizers; electronic cigarette components, namely, atomizers for personal use; tobacco substitutes not for medical purposes for use with electronic cigarettes; solutions including tobacco derivatives for use with electronic cigarettes; solutions, namely, tobacco derivatives in the nature of liquid chemicals for use with electronic cigarettes; cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; cases specially adapted for carrying electronic cigarettes and electronic cigarette accessoriesClass 034 for Electronic cigarettes; smokeless cigarette vaporizer pipes; electronic cigarette components, namely, atomizers for personal use; tobacco substitutes not for medical purposes for use with electronic cigarettes; solutions, namely, tobacco derivatives in the nature of liquid chemicals for use with electronic cigarettes; cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; cases specially adapted for carrying electronic cigarettes and electronic cigarette accessories
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 12/18/2013 and first used in commerce at least as early as 02/03/2014 , and is now in use in such commerce.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
JAMES DAVID JOHNSON
JOHNSON & MARTIN, P.A.
500 W CYPRESS CREEK RD STE 430
FORT LAUDERDALE
Florida (FL)
US
33309-6165

Proposed:
JAMES DAVID JOHNSON of Johnson & Martin, P.A., having an address of
Suite 430 500 West Cypress Creek Road Fort Lauderdale, Florida 33309
United States
trademarks@johnsonmartinlaw.com
954-790-6690
The docket/reference number is 10176-0003 .



ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
FUM appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /James David Johnson/     Date: 02/23/2015
Signatory's Name: James David Johnson
Signatory's Position: Attorney of record, Florida Bar member

Signatory's Phone Number: 9547906690

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:    JAMES DAVID JOHNSON
   Johnson & Martin, P.A.
   Suite 430
   500 West Cypress Creek Road
   Fort Lauderdale, Florida 33309
        
Serial Number: 86270524
Internet Transmission Date: Mon Feb 23 12:32:47 EST 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20150223123247
583390-86270524-5307efd75bebb1de4d38a164
311debc9bfa74eb84da2fcda510543a5dd2e3ad8
4d9-N/A-N/A-20150223121813990100