TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

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:

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

British American Tobacco (Brands) Limited expects to soon provide a consent agreement from the cited Registrant wm17 holding AG.

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; 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
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, raw or manufactured (not being smokeless products and not being for smokeless products); tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, pipe tobacco, and hand rolling tobacco; roll your own tobacco; tobacco substitutes, not for medical purposes; pipe tobacco; lighters for smokers; cigars; cigarillos; 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 lighters; cigar lighters; matches; smokers' articles; cigarette paper, cigarette tubes, cigarette filters; liquids for electronic cigarettes comprised of vegetable glycerin, chemical flavorings in liquid form used to refill electronic cigarette cartridges; pocket apparatus for rolling cigarettes; 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; hand held machines for injecting tobacco into paper tubes; 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; electronic cigarettes; none of the foregoing being cigars; liquids for electronic cigarettes; tobacco products for the purpose of being heatedClass 034 for Cigarettes; tobacco, raw or manufactured (not being smokeless products and not being for smokeless products); roll your own tobacco; pipe tobacco; cigars; cigarillos; cigarette lighters; cigar lighters; matches; smokers' articles; 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; tobacco products for the purpose of being heated
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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /laura miller/     Date: 04/02/2019
Signatory's Name: Laura C. Miller
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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 87749601
Internet Transmission Date: Tue Apr 02 11:08:16 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XX.X-201904021108169677
87-87749601-620192b8f394640ab859182e78af
6b25d10b37de4ad19932429dac48e8bc8adfc17-
N/A-N/A-20190402102409272483