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 |
87819756 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/87819756/mark.png |
LITERAL ELEMENT |
NEO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) orange and gray is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word NEO with the letter O shaded in orange. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
034 |
DESCRIPTION |
Tobacco, raw and manufactured; tobacco substitutes, not for medical purposes; all of the foregoing for the purpose of being heated but
not burnt; electronic devices and their parts for the purpose of heating tobacco, comprising a handheld rechargeable device that user can insert rolled tobacco to smoke, in International Class
34 |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
32033 |
FOREIGN APPLICATION COUNTRY |
Andorra |
FOREIGN FILING DATE |
09/12/2017 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
034 |
TRACKED TEXT DESCRIPTION |
Tobacco, raw and manufactured; tobacco substitutes, not for medical purposes;
all of the foregoing for the purpose of being heated but not burnt; electronic devices and their parts for the purpose of heating tobacco,
comprising a handheld rechargeable device that user can insert rolled tobacco to smoke, in International Class 34; electronic devices and their parts for the
purpose of heating tobacco, comprising a handheld rechargeable device that user can insert rolled tobacco to smoke, namely, electronic cigarettes |
FINAL DESCRIPTION |
Tobacco, raw and manufactured; tobacco substitutes, not for medical purposes; all of the foregoing for the purpose of being heated but
not burnt; electronic devices and their parts for the purpose of heating tobacco, comprising a handheld rechargeable device that user can insert rolled tobacco to smoke, namely, electronic
cigarettes |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
32033 |
FOREIGN APPLICATION COUNTRY |
Andorra |
FOREIGN FILING DATE |
09/12/2017 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word NEO in grey with the letter O shaded in orange. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/laura miller/ |
SIGNATORY'S NAME |
Laura C. Miller |
SIGNATORY'S POSITION |
Attorney of Record, NC Bar Member |
SIGNATORY'S PHONE NUMBER |
336-607-7300 |
DATE SIGNED |
11/19/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Nov 19 16:58:25 EST 2018 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.X-201
81119165825552649-8781975
6-6102b649e2c9134e328e42a
d7b755ff2e6e516d39d27d61e
18ef9cd8f27718611d-N/A-N/
A-20181119152338563924 |
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.
87819756 NEO (Stylized and/or with Design, see http://uspto.report/TM/87819756/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 Tobacco, raw and manufactured; tobacco substitutes, not for medical purposes; all of the foregoing for the purpose of being heated but not burnt; electronic devices and
their parts for the purpose of heating tobacco, comprising a handheld rechargeable device that user can insert rolled tobacco to smoke, in International Class 34
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Andorra application number 32033 filed 09/12/2017]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Tobacco, raw and manufactured;
tobacco substitutes, not for medical purposes;
all of the
foregoing for the purpose of being heated but not burnt;
electronic devices and their parts for the purpose of heating tobacco, comprising a handheld
rechargeable device that user can insert rolled tobacco to smoke, in International Class 34;
electronic devices and their parts for the purpose of heating
tobacco, comprising a handheld rechargeable device that user can insert rolled tobacco to smoke, namely, electronic cigarettesClass 034 for Tobacco, raw and manufactured; tobacco substitutes,
not for medical purposes; all of the foregoing for the purpose of being heated but not burnt; electronic devices and their parts for the purpose of heating tobacco, comprising a handheld rechargeable
device that user can insert rolled tobacco to smoke, namely, electronic cigarettes
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Andorra application number 32033 filed 09/12/2017]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word NEO in grey with the letter O shaded in orange.
SIGNATURE(S)
Response Signature
Signature: /laura miller/ Date: 11/19/2018
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.
Serial Number: 87819756
Internet Transmission Date: Mon Nov 19 16:58:25 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201811191658255526
49-87819756-6102b649e2c9134e328e42ad7b75
5ff2e6e516d39d27d61e18ef9cd8f27718611d-N
/A-N/A-20181119152338563924