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)

---

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. 88001362 BO (Stylized and/or with Design, see http://uspto.report/TM/88001362/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 Electronic cigarettes; Cartridges of liquid solutions for electronic cigarettes; Liquid solutions for use in electronic cigarettes; flavorings, other than essential oils, for use in electronic cigarettes; Electronic shisha; Cartridges of liquid solutions for electronic hookahs; Liquid solutions for electronic hookahs; Flavorings, other than essential oils, for use in electronic hookahs; Tobacco; Cigarettes
Original Filing Basis:
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[ European Union Trademark - EUTM application number 017916616 filed 06/11/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Electronic cigarettes; Cartridges of liquid solutions for electronic cigarettes; electronic cigarette refill cartridges sold empty; Liquid solutions for use in electronic cigarettes; electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; flavorings, other than essential oils, for use in electronic cigarettes; Electronic shisha; Electronic shisha in the nature of electronic hookahs; Cartridges of liquid solutions for electronic hookahs; electronic hookah refill cartridges sold empty; Liquid solutions for electronic hookahs; electronic hookah liquid comprised of flavorings in liquid form, other than essential oils, used to refill electronic hookahs; Flavorings, other than essential oils, for use in electronic hookahs; Tobacco; CigarettesClass 034 for Electronic cigarettes; electronic cigarette refill cartridges sold empty; electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; flavorings, other than essential oils, for use in electronic cigarettes; Electronic shisha in the nature of electronic hookahs; electronic hookah refill cartridges sold empty; electronic hookah liquid comprised of flavorings in liquid form, other than essential oils, used to refill electronic hookahs; Flavorings, other than essential oils, for use in electronic hookahs; Tobacco; Cigarettes
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 [ European Union Trademark - EUTM application number 017916616 filed 06/11/2018]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017916616 registered 10/23/2018 with a renewal date of __________ and an expiration date of 06/11/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-20921074116-160723707_._YK0018T_2018-10-23_EUIPO_Registration.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_20921074116-160723707_._YK0018_T_2019-01-02_Application_Declaration.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Olivier Sarfati
Signatory's Position: CEO
Signatory's Phone Number: n/a


Response Signature
Signature: /Stephen M. Nipper/     Date: 02/13/2019
Signatory's Name: Stephen M. Nipper
Signatory's Position: Attorney of Record, Idaho Bar Member

Signatory's Phone Number: 208-813-3921

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: 88001362
Internet Transmission Date: Wed Feb 13 16:14:57 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201902131614579
23503-88001362-620b07e51b81d57c332f7a910
46699c9d1df58cb4ba8e9da1a049629a613b1c56
-N/A-N/A-20190213160723707751