TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88059009

Filing Date: 07/31/2018

To the Commissioner for Trademarks:

MARK: SMOK (Standard Characters, see mark)
The literal element of the mark consists of SMOK.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Shenzhen IVPS Technology Co. Ltd., a limited liability company legally organized under the laws of China, having an address of
      3/F,TeAn Jiejing Nengyuan Tech Bldg.
      Shenzhen 518000
      China

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 009:  Chargers for electronic cigarettes; Batteries for electronic cigarettes; Battery chargers for electronic cigarettes; Battery covers for electronic cigarettes

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/12/2011, and first used in commerce at least as early as 06/26/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) a photograph of a package of the goods.
Specimen File1

       International Class 034:  Electronic cigarettes; Oral vaporizers for smokers; Smokers' oral vaporizer refill cartridges sold empty; Electronic cigarette atomizers sold empty; Electronic cigarette refill cartridges sold empty; Tanks for electronic cigarettes; Coils for electronic cigarettes; Drip tips for electronic cigarettes; Tank tubes for electronic cigarettes; Silicone rings for electronic cigarettes

In International Class 034, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/12/2011, and first used in commerce at least as early as 06/26/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) a photograph of the goods.
Specimen File1

       International Class 035:  On-line retail store services featuring electronic cigarettes, oral vaporizers for smokers, smokers articles and accessories for the foregoing

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/28/2016, and first used in commerce at least as early as 08/28/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) a website screen print for the online retail store.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4545449.

The applicant's current Attorney Information:
      Sean C. Fifield and Charles Wu, Alan B. Clement, Mark R. Backofen, Scott D. Greenberg, Robert E. Nail, Rory J. Radding, H. Straat Tenney and David Van Der Laan of Locke Lord LLP      111 S. Wacker Dr.
      Chicago, Illinois 60606
      United States
      312-443-1787(phone)
      312-896-6787(fax)
      ipdocket-chi@lockelord.com (authorized)
The attorney docket/reference number is 100807400002.

The applicant's current Correspondence Information:

Sean C. Fifield

Locke Lord LLP

111 S. Wacker Dr.

Chicago, Illinois 60606

312-443-1787(phone)

312-896-6787(fax)

ipdocket-chi@lockelord.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Yuan Yuan/   Date: 07/31/2018
Signatory's Name: Yuan Yuan
Signatory's Position: IP Manager
Payment Sale Number: 88059009
Payment Accounting Date: 07/31/2018

Serial Number: 88059009
Internet Transmission Date: Tue Jul 31 09:31:39 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20180731093139179
097-88059009-6107f255e2757991537c0d0dd70
2d997d5eedfcd4964f799138de52c83796cae-CC
-8651-20180726145859224779