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. 88056391 ILO(Standard Characters, see http://uspto.report/TM/88056391/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 Applicant's arguments/response. has been attached.
Original PDF file:
evi_701401839-20200127224638521529_._roa1_filed.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for Smokers' oral vaporizer refill cartridges sold empty; smokers' oral vaporizer oil storage devices; smokers' articles, namely, vaporizable substance storage devices; smokers' articles, namely, devices for storing vaporizable substances and being heated in oral vaporizers; smokers' articles, namely, absorbent pellets for being heated in oral vaporizers
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: Smokers' oral vaporizer refill cartridges sold empty; smokers' oral vaporizer oil storage devices; smokers' oral vaporizer oil storage devices sold empty, namely, porous bodies made of ceramic, sintered metal or other material for storing vaporizable substances and being heated in oral vaporizers; smokers' articles, namely, vaporizable substance storage devices; smokers' articles, namely, vaporizable substance storage devices sold empty; smokers' articles, namely, devices for storing vaporizable substances and being heated in oral vaporizers; smokers' articles, namely, porous devices sold empty for storing vaporizable substances and being heated in oral vaporizers; smokers' articles, namely, absorbent pellets for being heated in oral vaporizers; smokers' articles, namely, absorbent pellets comprised of porous material sold empty for being heated in oral vaporizers.Class 034 for Smokers' oral vaporizer refill cartridges sold empty; smokers' oral vaporizer oil storage devices sold empty, namely, porous bodies made of ceramic, sintered metal or other material for storing vaporizable substances and being heated in oral vaporizers; smokers' articles, namely, vaporizable substance storage devices sold empty; smokers' articles, namely, porous devices sold empty for storing vaporizable substances and being heated in oral vaporizers; smokers' articles, namely, absorbent pellets comprised of porous material sold empty for being heated in oral vaporizers.
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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Iconic Ventures, LLC, a limited liability company legally organized under the laws of Oregon, having an address of
      
      Ste 3004800 Meadows Rd
      Lake Oswego, Oregon 97035
      United States

Proposed: Iconic Ventures, Inc., a corporation of Nevada, having an address of
      Ste 118
      2505 SE 11th Ave
      Portland, Oregon 97202
      United States

The applicant's current attorney information: Cole Mackey. Cole Mackey of MACKEY LAW FIRM PLLC, is located at

      SUITE 200
      950 ECHO LANE
      HOUSTON, Texas 77024
      US
The docket/reference number is 100-4001US.

The phone number is 979-255-2918.

The email address is cole@mackey.legal

The applicants proposed attorney information: Cole Mackey. Cole Mackey of MACKEY LAW FIRM PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 260
      9525 Katy Freeway
      HOUSTON, Texas 77024
      United States
The docket/reference number is 100-4001US.

The phone number is 346-954-8287.

The fax number is 346-954-8287.

The email address is cole@mackey.legal

Cole Mackey submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: COLE MACKEY. COLE MACKEY of MACKEY LAW FIRM PLLC, is located at

      SUITE 200
      950 ECHO LANE
      HOUSTON, Texas 77024
      US
The docket/reference number is 100-4001US.

The phone number is 979-255-2918.

The email address is cole@mackey.legal

The applicants proposed correspondence information: Cole Mackey. Cole Mackey of MACKEY LAW FIRM PLLC, is located at

      SUITE 260
      9525 Katy Freeway
      HOUSTON, Texas 77024
      United States
The docket/reference number is 100-4001US.

The phone number is 346-954-8287.

The fax number is 346-954-8287.

The email address is cole@mackey.legal; ip@mackey.legal

SIGNATURE(S)
Response Signature
Signature: /Michael C. Mackey/     Date: 01/27/2020
Signatory's Name: Michael C. Mackey
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 346-954-8287

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    COLE MACKEY
   MACKEY LAW FIRM PLLC
   SUITE 200
   950 ECHO LANE
   HOUSTON, Texas 77024
Mailing Address:    Cole Mackey
   MACKEY LAW FIRM PLLC
   SUITE 260
   9525 Katy Freeway
   HOUSTON, Texas 77024
        
Serial Number: 88056391
Internet Transmission Date: Mon Jan 27 23:00:18 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20200127230018124
679-88056391-7001a06416d527932acbde22e85
a2c4e507f2b7b96fe3a6472931ca02afbfac891-
N/A-N/A-20200127224638521529