Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 6/19/2019

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Russel Dize on June 18, 2019, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

AMENDED IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is amended to read as follows:

 

International Class 9: Downloadable electronic publications, namely, newsletters, journals, magazines, brochures, written articles and books in the field of tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations, available from computer databases, the internet, telecommunications systems and social media sites; downloadable software being mobile applications for displaying and sharing information relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; downloadable mobile application software for accessing information relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; computer application software for mobile phones and cellular devices for accessing information relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; computer software for accessing information relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; computer game software; interactive computer application software for accessing information relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; 

  

International Class 34:  Cigars, little cigars, roll-your-own tobacco, pipe tobacco and smokeless tobacco; cigar cases not of precious metal; ashtrays not of precious metal;   

 

International Class 35:  Retail store services featuring fine cigars, tobacco products, smokers' articles, smokers' accessories, men's gifts, logo apparel, and beverages, including coffee and rum; Advertising, promotional and marketing services relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; promotion of the goods and services of others via an interactive web-site enabling users to access and/or post reviews and recommendations relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; providing consumer, consumer product and commercial information via computer databases, the internet, telecommunications systems, on-line forums and social media sites relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; providing a website to the public featuring consumer reviews and recommendations of goods and services relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; promoting the goods of others, namely, tobacco, tobacco products and smokers' articles, by means of organization, operation and supervision of consumer loyalty and incentive reward programs; information and advisory services relating to the aforesaid; 

  

 International Class 38:  Providing on-line forums for transmission of messages among computer users; providing social media sites and platforms, namely, providing on-line chat rooms for social networking;   

  

 International Class 41: Cigar smoking lounge services; entertainment services, namely, providing on-line computer games relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; providing non-downloadable electronic publications, namely, newsletters, journals, magazines, brochures, written articles and books in the field of tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; providing information via computer databases, the internet, telecommunication systems, on-line forums and social media sites relating to smoking lounge services; night clubs; 

    

International Class 42:  Providing on-line non-downloadable software which enables users to access a database featuring information relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; providing on-line non-downloadable software for displaying and sharing a user's location and finding, locating and interacting with other users and places; providing online non-downloadable interactive computer application software for accessing information relating to tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations; information and advisory services relating to the aforesaid    

  

International Class 43:  Cocktail lounge, bar and restaurant services; 

  

International Class 45: Providing information via computer databases, the internet, telecommunication systems, on-line forums and social media sites relating to smokers' legal rights; providing on-line social networking services; providing social media sites and platforms, namely, online social networking services provided via a website in the field of tobacco, tobacco products, smokers' articles, tobacconists, tobacco retail outlets, smokers, smokers' rights and smoking locations.

 

See TMEP §§1402.01, 1402.01(e).

 

/Rhoda Nkojo/

Examining Attorney

Law Office 117

(571)272-8468

Rhoda.Nkojo@USPTO.gov

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/19/2019 FOR U.S. APPLICATION SERIAL NO.88083151

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.