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)

---

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. 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) MERELY DESCRIPTIVE and IDENTIFICATION OF PARTICULAR GOODS INDEFINITE The mark "Philter" for filters has been deemed not just merely descriptive, but generic. Applicant would like to call attention to TM Application Ser. No. 88304391 wherein a software company wishes to register "Philter" for essentially software filter services, as the Trademark Examining Attorney has pointed out; however, worded as removing electronic content from files. Accordingly, the Trademark Examining Attorney has deemed the application merely descriptive. It would seem fair for the Office to be consistent. In light of that matter, we would appreciate a chance, if the Office agrees, to amend the goods and services to "services for removing electronic smoking device vapor or smoke form a user?s exhale," in its appropriate class, then subsequently amend to the Supplemental Register.

The applicant's current attorney information: Timothy W. Fitzwilliam. Timothy W. Fitzwilliam of LAW OFC. OF TW FITZWILLIAM, is located at

      #221
      5666 LA JOLLA BLVD.
      LA JOLLA, California 92037
      US
The docket/reference number is PHT.301US.

The phone number is 949-231-0434.

The email address is fitzwilliam.esq@gmail.com

The applicants proposed attorney information: Timothy W. Fitzwilliam. Timothy W. Fitzwilliam of LAW OFC. OF TW FITZWILLIAM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      #221
      5666 LA JOLLA BLVD.
      LA JOLLA, California 92037
      United States
The docket/reference number is PHT.301US.

The phone number is 949-231-0434.

The email address is fitzwilliam.esq@gmail.com

Timothy W. Fitzwilliam 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: TIMOTHY W. FITZWILLIAM. TIMOTHY W. FITZWILLIAM of LAW OFC. OF TW FITZWILLIAM, is located at

      #221
      5666 LA JOLLA BLVD.
      LA JOLLA, California 92037
      US
The docket/reference number is PHT.301US.

The phone number is 949-231-0434.

The email address is fitzwilliam.esq@gmail.com

The applicants proposed correspondence information: Timothy W. Fitzwilliam. Timothy W. Fitzwilliam of LAW OFC. OF TW FITZWILLIAM, is located at

      #221
      5666 LA JOLLA BLVD.
      LA JOLLA, California 92037
      United States
The docket/reference number is PHT.301US.

The phone number is 949-231-0434.

The email address is fitzwilliam.esq@gmail.com

SIGNATURE(S)
Response Signature
Signature: /twfitzwilliam/     Date: 09/24/2019
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.

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 Sep 24 22:42:11 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190924224211179
593-88251144-610d88ab2e5962ac60c8f83c7e5
3f8476e9d337f6928e41358086de81cf76e7-N/A
-N/A-20190924223549457064