Preliminary Amendment

ON

British American Tobacco (Brands) Limited

Preliminary Amendment

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 1966 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Voluntary Amendment


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87749601
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK FILE NAME http://uspto.report/TM/87749601/mark.png
LITERAL ELEMENT ON
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a circle containing the word "ON" made up of a partial stylized letter "O" with a line through the incomplete portion, and a stylized letter "N".
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 034
DESCRIPTION
Cigarettes; tobacco, raw and manufactured; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes, not for medical purposes; lighters for smokers; matches; smokers' articles for the purpose of heating cigarettes and tobacco, namely, mouthpieces and drip tips for electronic cigarettes and e-pipes, cartridges for electronic cigarettes and e-pipes, and oral vaporizers for smokers; cigarette paper, cigarette tubes, cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for electronic cigarettes comprised of vegetable glycerin, chemical flavorings in liquid form used to refill electronic cigarette cartridges, etc.; tobacco products for the purpose of being heated, namely, sticks of tobacco or sticks of tobacco substitutes that are designed to be heated but not burned; electronic devices and parts for devices for heating tobacco and tobacco substitutes for the purpose of inhalation, namely a handheld rechargeable device that user can insert rolled tobacco to smoke; none of the foregoing being cigars
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 034
TRACKED TEXT DESCRIPTION
Cigarettes; tobacco, raw and manufactured; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes, not for medical purposes; lighters for smokers; matches; smokers' articles for the purpose of heating cigarettes and tobacco, namely, mouthpieces and drip tips for electronic cigarettes and e-pipes, cartridges for electronic cigarettes and e-pipes, and oral vaporizers for smokers; cigarette paper, cigarette tubes, cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for electronic cigarettes comprised of vegetable glycerin, chemical flavorings in liquid form used to refill electronic cigarette cartridges, etc.; liquids for electronic cigarettes comprised of vegetable glycerin, chemical flavorings in liquid form used to refill electronic cigarette cartridges; tobacco products for the purpose of being heated, namely, sticks of tobacco or sticks of tobacco substitutes that are designed to be heated but not burned; tobacco products for the purpose of being heated, namely, sticks of tobacco and sticks of tobacco substitutes that are designed to be heated but not burned; electronic devices and parts for devices for heating tobacco and tobacco substitutes for the purpose of inhalation, namely a handheld rechargeable device that user can insert rolled tobacco to smoke; none of the foregoing being cigars
FINAL DESCRIPTION
Cigarettes; tobacco, raw and manufactured; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes, not for medical purposes; lighters for smokers; matches; smokers' articles for the purpose of heating cigarettes and tobacco, namely, mouthpieces and drip tips for electronic cigarettes and e-pipes, cartridges for electronic cigarettes and e-pipes, and oral vaporizers for smokers; cigarette paper, cigarette tubes, cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for electronic cigarettes comprised of vegetable glycerin, chemical flavorings in liquid form used to refill electronic cigarette cartridges; tobacco products for the purpose of being heated, namely, sticks of tobacco and sticks of tobacco substitutes that are designed to be heated but not burned; electronic devices and parts for devices for heating tobacco and tobacco substitutes for the purpose of inhalation, namely a handheld rechargeable device that user can insert rolled tobacco to smoke; none of the foregoing being cigars
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Attached please find the Consent Agreement with WM17 Holding AG. A scrivner's error resulted in the submission of an unrelated consent agreement in Applicant's previously submitted response.
        MISCELLANEOUS FILE NAME(S)
       ORIGINAL PDF FILE mis-38110134-20180906144233366110_._Consent_with_wm17_Holding_AG.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml7\PRA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml7\PRA0003.JPG
SIGNATURE SECTION
RESPONSE SIGNATURE /Harris W. Henderson/
SIGNATORY'S NAME Harris W. Henderson
SIGNATORY'S POSITION Attorney of Record, NC Bar Member
SIGNATORY'S PHONE NUMBER 336-607-7300
DATE SIGNED 09/07/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Sep 07 11:10:55 EDT 2018
TEAS STAMP USPTO/PRA-XX.XXX.XX.X-201
80907111055655649-8774960
1-610bdf4f3fb86a7f3425a3b
72a2a4a9982a98c2b06a2e1fc
c5397f7e51e32ea2f-N/A-N/A
-20180907095009140200



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 1966 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Voluntary Amendment


To the Commissioner for Trademarks:

Application serial no. 87749601 ON (Stylized and/or with Design, see http://uspto.report/TM/87749601/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 034 for Cigarettes; tobacco, raw and manufactured; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes, not for medical purposes; lighters for smokers; matches; smokers' articles for the purpose of heating cigarettes and tobacco, namely, mouthpieces and drip tips for electronic cigarettes and e-pipes, cartridges for electronic cigarettes and e-pipes, and oral vaporizers for smokers; cigarette paper, cigarette tubes, cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for electronic cigarettes comprised of vegetable glycerin, chemical flavorings in liquid form used to refill electronic cigarette cartridges, etc.; tobacco products for the purpose of being heated, namely, sticks of tobacco or sticks of tobacco substitutes that are designed to be heated but not burned; electronic devices and parts for devices for heating tobacco and tobacco substitutes for the purpose of inhalation, namely a handheld rechargeable device that user can insert rolled tobacco to smoke; none of the foregoing being cigars
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.

Proposed:
Tracked Text Description: Cigarettes; tobacco, raw and manufactured; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes, not for medical purposes; lighters for smokers; matches; smokers' articles for the purpose of heating cigarettes and tobacco, namely, mouthpieces and drip tips for electronic cigarettes and e-pipes, cartridges for electronic cigarettes and e-pipes, and oral vaporizers for smokers; cigarette paper, cigarette tubes, cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for electronic cigarettes comprised of vegetable glycerin, chemical flavorings in liquid form used to refill electronic cigarette cartridges, etc.; liquids for electronic cigarettes comprised of vegetable glycerin, chemical flavorings in liquid form used to refill electronic cigarette cartridges; tobacco products for the purpose of being heated, namely, sticks of tobacco or sticks of tobacco substitutes that are designed to be heated but not burned; tobacco products for the purpose of being heated, namely, sticks of tobacco and sticks of tobacco substitutes that are designed to be heated but not burned; electronic devices and parts for devices for heating tobacco and tobacco substitutes for the purpose of inhalation, namely a handheld rechargeable device that user can insert rolled tobacco to smoke; none of the foregoing being cigarsClass 034 for Cigarettes; tobacco, raw and manufactured; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes, not for medical purposes; lighters for smokers; matches; smokers' articles for the purpose of heating cigarettes and tobacco, namely, mouthpieces and drip tips for electronic cigarettes and e-pipes, cartridges for electronic cigarettes and e-pipes, and oral vaporizers for smokers; cigarette paper, cigarette tubes, cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for electronic cigarettes comprised of vegetable glycerin, chemical flavorings in liquid form used to refill electronic cigarette cartridges; tobacco products for the purpose of being heated, namely, sticks of tobacco and sticks of tobacco substitutes that are designed to be heated but not burned; electronic devices and parts for devices for heating tobacco and tobacco substitutes for the purpose of inhalation, namely a handheld rechargeable device that user can insert rolled tobacco to smoke; none of the foregoing being cigars
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Attached please find the Consent Agreement with WM17 Holding AG. A scrivner's error resulted in the submission of an unrelated consent agreement in Applicant's previously submitted response.

Original PDF file:
mis-38110134-20180906144233366110_._Consent_with_wm17_Holding_AG.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2

SIGNATURE(S)
Voluntary Amendment Signature
Signature: /Harris W. Henderson/     Date: 09/07/2018
Signatory's Name: Harris W. Henderson
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 336-607-7300

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 87749601
Internet Transmission Date: Fri Sep 07 11:10:55 EDT 2018
TEAS Stamp: USPTO/PRA-XX.XXX.XX.X-201809071110556556
49-87749601-610bdf4f3fb86a7f3425a3b72a2a
4a9982a98c2b06a2e1fcc5397f7e51e32ea2f-N/
A-N/A-20180907095009140200


Preliminary Amendment [image/jpeg]

Preliminary Amendment [image/jpeg]


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