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 09/20/2020) |
Response to Office Action
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 |
| ARGUMENT(S) |
| Please see the actual argument text attached within the Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_38110134-20180817152047813728_._Response_to_Office_Action_ON_STYLIZED.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml6\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml6\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml6\ROA0004.JPG |
| ORIGINAL PDF FILE |
evi_38110134-20180817152047813728_._ent_with_J_Cortes_Cigars__NEO__NEO_ELECTRONIC_CIGARETTES_.._.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml6\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml6\ROA0006.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml6\ROA0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml6\ROA0008.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml6\ROA0009.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\496\87749601\xml6\ROA0010.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Response to Office Action Exhibit A - Consent |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
034 |
| DESCRIPTION |
| cigarettes; tobacco, raw or manufactured ; tobacco products; tobacco substitutes (not for medical purposes); cigars, cigarillos;
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) |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
034 |
| TRACKED TEXT DESCRIPTION |
Cigarettes; tobacco, raw or manufactured; tobacco, raw and manufactured; tobacco products; 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); tobacco substitutes, not for medical purposes; cigars, cigarillos; lighters for smokers; lighters; 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; 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 comprised of vegetable glycerin,
chemical flavorings in liquid form used to refill electronic cigarette cartridges, etc.}; liquids for electronic cigarettes; 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; 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, 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) |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Harris W. Henderson/ |
| SIGNATORY'S NAME |
Harris W. Henderson |
| SIGNATORY'S POSITION |
Attorney of record, North Carolina bar member |
| SIGNATORY'S PHONE NUMBER |
3366077300 |
| DATE SIGNED |
08/20/2018 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Aug 20 11:21:27 EDT 2018 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.X-201
80820112127230293-8774960
1-6109f27526bbff657e1678e
fb6b1cda561f4e1f4fc78d5e6
28ec997ffce5a65966b-N/A-N
/A-20180817152047813728 |
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 09/20/2020) |
Response to Office 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:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Response to Office Action Exhibit A - Consent has been attached.
Original PDF file:
evi_38110134-20180817152047813728_._Response_to_Office_Action_ON_STYLIZED.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_38110134-20180817152047813728_._ent_with_J_Cortes_Cigars__NEO__NEO_ELECTRONIC_CIGARETTES_.._.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
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 or manufactured ; tobacco products; tobacco substitutes (not for medical purposes); cigars, cigarillos; 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
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 or manufactured;
tobacco, raw and
manufactured;
tobacco products;
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);
tobacco
substitutes, not for medical purposes;
cigars, cigarillos;
lighters for smokers;
lighters;
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;
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 comprised of vegetable glycerin, chemical flavorings in
liquid form used to refill electronic cigarette cartridges, etc.};
liquids for electronic cigarettes;
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;
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,
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), 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)
Response Signature
Signature: /Harris W. Henderson/ Date: 08/20/2018
Signatory's Name: Harris W. Henderson
Signatory's Position: Attorney of record, North Carolina bar member
Signatory's Phone Number: 3366077300
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: Mon Aug 20 11:21:27 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201808201121272302
93-87749601-6109f27526bbff657e1678efb6b1
cda561f4e1f4fc78d5e628ec997ffce5a65966b-
N/A-N/A-20180817152047813728
