TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88251144 PHILTER(Standard Characters, see http://uspto.report/TM/88251144/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

SECTION 2(e)(1) REFUSAL ? MERELY DESCRIPTIVE In response to the Refusal that the mark, Philter, for exhale filtering devices is merely descriptive, Applicant would like to allege use, file a specimen, and amend to the Supplemental Register with the intent to acquire secondary meaning and earn a future promotion to the Principal Register. Note: Applicant intends to file an Amendment to Allege Use for a 1(B) Application contemporaneously herein however, the Response Form states that if a Class is modified (as below) then Applicant must wait until the USPTO data uploads. Hence, Applicant intends to provide this forthcoming in order to qualify for the Supplemental Register. IDENTIFICATION OF GOODS AND SERVICE INDEFINITE REQUIRING AMENDMENT The Office alleges the identification of goods and services is indefinite for being too broad and may fall into two classes. Applicant would simply like to adopt the Trademark Examining Attorney suggestion and modify to Class 11. Hence please amend the description to: Personal, standalone air filtering units for filtering tobacco smoke or vapor exhaled directly into the devices.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 034 for Personal air filters for filtering exhaled smoke or vapor;, namely, that produce by electronic cigarettes

Applicant hereby adds the following class of goods/services to the application:
New: Class 011 (Original Class: 034 ) for Personal, standalone air filtering units for filtering tobacco smoke or vapor exhaled directly into the devices
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: Philter Labs Incorporated, AKA Philter Labs, Inc., a corporation of Delaware, having an address of
      533 2nd Street
      Encinitas, California 92024
      United States

      XXXX (not authorized)
      858-353-8344
Proposed: Philter Labs Incorporated, AKA Philter Labs, Inc., a corporation of Delaware, having an address of
      7th Floor
      725 Broadway
      San Diego, California 92101
      United States
      XXXX (not authorized)
      858-353-8344

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /twfitzwillaim/     Date: 12/02/2019
Signatory's Name: Timothy W Fitzwilliam
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 9492310434

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 88251144
Internet Transmission Date: Mon Dec 02 15:47:33 EST 2019
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20191202154733514724-88251144-
700db8fe96416288d4ad60905a32112ef05fbd46
78d4845b213c7c88bac3914c-N/A-N/A-2019120
2153001089976