Response to Office Action

VAPE JUICE BAR

Vapor Trail LLC

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86792080
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86792080/large
LITERAL ELEMENT VAPE JUICE BAR
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 034
DESCRIPTION
Electronic cigarette liquid that is unique in that the flavor is added at the location of retail purchase, making the flavor a unique blend specific to the customer
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/09/2014
        FIRST USE IN COMMERCE DATE At least as early as 01/09/2015
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 034
TRACKED TEXT DESCRIPTION
Electronic cigarette liquid that is unique in that the flavor is added at the location of retail purchase, making the flavor a unique blend specific to the customer; Electronic cigarette liquid that is unique in that the flavor is added at the location of retail purchase, making the flavor from a bar consisting of a unique blend specific to the customer
FINAL DESCRIPTION
Electronic cigarette liquid that is unique in that the flavor is added at the location of retail purchase, making the flavor from a bar consisting of a unique blend specific to the customer
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/09/2014
       FIRST USE IN COMMERCE DATE At least as early as 01/09/2015
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT16\IMAGEOUT 16\867\920\86792080\xml4\ ROA0002.JPG
        \\TICRS\EXPORT16\IMAGEOUT 16\867\920\86792080\xml4\ ROA0003.JPG
       SPECIMEN DESCRIPTION as our bar contains over 75 bottles of flavor, it is in fact a vape juice bar, as we are the only company providing this.
SIGNATURE SECTION
DECLARATION SIGNATURE /wallace Moorman/
SIGNATORY'S NAME Wallace Dray Moorman
SIGNATORY'S POSITION Mannager
SIGNATORY'S PHONE NUMBER 561-350-5296
DATE SIGNED 08/22/2016
RESPONSE SIGNATURE /Wallace Moorman/
SIGNATORY'S NAME Wallace Dray moorman
SIGNATORY'S POSITION Mannager
SIGNATORY'S PHONE NUMBER 561-350-5296
DATE SIGNED 08/22/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Aug 22 16:50:04 EDT 2016
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
160822165004851247-867920
80-550ebd29a45c4db56f98a3
b48e8f0652176448c8aa84e4a
af3d4515678c40a8c3-N/A-N/
A-20160822162106465034



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 86792080 VAPE JUICE BAR(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86792080/large) 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 Electronic cigarette liquid that is unique in that the flavor is added at the location of retail purchase, making the flavor a unique blend specific to the customer
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 01/09/2014 and first used in commerce at least as early as 01/09/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Electronic cigarette liquid that is unique in that the flavor is added at the location of retail purchase, making the flavor a unique blend specific to the customer; Electronic cigarette liquid that is unique in that the flavor is added at the location of retail purchase, making the flavor from a bar consisting of a unique blend specific to the customerClass 034 for Electronic cigarette liquid that is unique in that the flavor is added at the location of retail purchase, making the flavor from a bar consisting of a unique blend specific to the customer
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 01/09/2014 and first used in commerce at least as early as 01/09/2015 , 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 as our bar contains over 75 bottles of flavor, it is in fact a vape juice bar, as we are the only company providing this. .
"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
Specimen File2

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /wallace Moorman/      Date: 08/22/2016
Signatory's Name: Wallace Dray Moorman
Signatory's Position: Mannager
Signatory's Phone Number: 561-350-5296


Response Signature
Signature: /Wallace Moorman/     Date: 08/22/2016
Signatory's Name: Wallace Dray moorman
Signatory's Position: Mannager

Signatory's Phone Number: 561-350-5296

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 owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; 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: 86792080
Internet Transmission Date: Mon Aug 22 16:50:04 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20160822165004851
247-86792080-550ebd29a45c4db56f98a3b48e8
f0652176448c8aa84e4aaf3d4515678c40a8c3-N
/A-N/A-20160822162106465034


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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