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:

The following is responsive to the Final Office Action dated October 1, 2019. Reconsideration is respectfully requested. SECTION 2(e)(1) MERELY DESCRIPTIVE The Office alleges the applied for mark is merely descriptive or even generic. Therefore herein, we wish to amend the description of goods to removing any descriptiveness issues. Also importantly, the Applicant is currently using the mark in commerce. Particularly, the mark is being used in conjunction with an iPhone mobile application and is available at the App Store. Further we wish to amend to Section 1A with an Allegation of Use, when appropriate. IDENTIFICATION OF PARTICULAR GOODS INDEFINITE The Office alleges that Applicants description of goods is indefinite and/or misclassed. As discussed herein, the Applicant is using the mark as an iPhone application. A prospective specimen is submitted herewith, as evidence and as an example of usage. Further, we wish to amend the goods from Class 11 to Class 9 appropriate for mobile applications. Specifically, we wish to amend the goods and services to: "Downloadable mobile applications for providing periodically updated social media content, specials, discounts, and upcoming events to include augmented reality (AR) interactive content, namely regarding vaporizers, smoking devices and their related accessories."

EVIDENCE
Evidence has been attached: a prospective specimen being an image of a smart phone screen containing icons
Original PDF file:
evi_280610008003781654bb7 78cc5fcb2a6-2020022519374 4334174_._specimen_Philte r_mobile_app.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 011 for Personal, standalone air filtering units for filtering tobacco smoke or vapor exhaled directly into the devices

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 011 ) for Downloadable mobile applications for providing periodically updated social media content, specials, discounts, and upcoming events to include augmented reality (AR) interactive content, namely regarding vaporizers, smoking devices and their related accessories
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.

OWNER 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

            725 Broadway      7th Floor
      San Diego, California 92101
      United States
      Email Address: XXXX
      858-353-8344
Proposed: Philter Labs Incorporated, AKA Philter Labs, Inc., a corporation of Delaware, having an address of
      225 Broadway
      7th Floor
      San Diego, California 92101
      United States
      Email Address: XXXX
      858-353-8344
Correspondence Information (current):
      Timothy W. Fitzwilliam
      PRIMARY EMAIL FOR CORRESPONDENCE: fitzwilliam.esq@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is PHT.301US.
Correspondence Information (proposed):
      Timothy W. Fitzwilliam
      PRIMARY EMAIL FOR CORRESPONDENCE: fitzwilliam.esq@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is PHT.301US.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /twfitzwilliam/     Date: 02/25/2020
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.

Mailing Address:    Timothy W. Fitzwilliam
   LAW OFC. OF TW FITZWILLIAM
   #221
   5666 LA JOLLA BLVD.
   LA JOLLA, California 92037
Mailing Address:    Timothy W. Fitzwilliam
   LAW OFC. OF TW FITZWILLIAM
   #221
   5666 LA JOLLA BLVD.
   LA JOLLA, California 92037
        
Serial Number: 88251144
Internet Transmission Date: Tue Feb 25 19:58:19 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200225195819405658-88251144-
7108c082e03d7b2c7f3513f9968e90cb5478af2c
13e6cebbf0a3fd305c9343d1e-N/A-N/A-202002
25193744334174