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 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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87765346 SAGE(Standard Characters, see http://uspto.report/TM/87765346/mark.png) has been amended as follows:

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

In response to Section 2(e)(1) Refusal - Mark is Merely Descriptive: The applied-for mark is not descriptive of the product in the sense of flavor. Although one definition of sage is an herb, the Sage mark for the applicants product is used to describe wisdom. Our product is a flavorless product and does not contain any flavor or smell. Please see attached evidence with alternate definitions of sage. The applied-for mark is to be used in connection with the following definition of Sage: "wise through reflection and experience." 1. Do any of applicants products contain the ingredient sage? - None of the applicants products contain the ingredient sage or sage flavor. 2. Do any of applicants products possess the qualities associated with sage, namely, the taste of sage and/or the smell of sage? - None of the applicants products possess qualities associated with the herb sage, the taste of the herb sage, or the smell of the herb sage. Please see attached product evidence of applicants flavorless Sage Nicotine Salt, as well as the Merriam-Webster definition of sage. This product is intended as a nicotine additive to flavored e-juices, and operates as a flavorless nicotine enhancement product as noted in the product description.

EVIDENCE
Evidence in the nature of Evidence submitting includes definition of the word sage, according to Merriam-Webster Dictionary, as well as product description and images from www.beyondvape.com. has been attached. Evidence-1
Evidence-2
Evidence-3

SIGNATURE(S)
Response Signature
Signature: /michael chen/     Date: 05/02/2018
Signatory's Name: Michael Chen
Signatory's Position: Owner

Signatory's Phone Number: 213-599-8996

Response Signature
Signature: /billy chen/     Date: 05/02/2018
Signatory's Name: Billy Chen
Signatory's Position: Owner

Signatory's Phone Number: 213-596-8895

Response Signature
Signature: /donald giang/     Date: 05/02/2018
Signatory's Name: Donald Giang
Signatory's Position: Owner

Signatory's Phone Number: 626-233-6993

Response Signature
Signature: /wen wei/     Date: 05/02/2018
Signatory's Name: Wen Wei
Signatory's Position: Owner

Signatory's Phone Number: 408-826-8307

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: 87765346
Internet Transmission Date: Wed May 02 19:36:15 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20180502193615
933592-87765346-510f3b17b989dedb111b8bde
3e610e05a21cf9cd1858c187df0bcf83a5c3bf8a
570-N/A-N/A-20180502180401556214