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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88251160 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88251160/mark.png |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of an outline of a circle with a triangular tab protruding from an outer edge thereof. |
ARGUMENT(S) |
IDENTIFICATION OF PARTICULAR GOODS INDEFINITE The Office alleges the goods are misidentified because it is unclear whether the goods are a
standalone product or part of a larger good. The fact of the matter is that the good is a standalone product that can also be sold with a sleeve for coupling to an electronic cigarette. If the Office
requires the Applicant to decide between the two then we choose the former. Hence please amend the description of goods as follows: Personal, standalone air filtering units for filtering tobacco
smoke, cannabis smoke or vapor exhaled directly into the devices, which the Office has deemed falls into Class 11. MARK DESCRIPTION, REVISION REQUIRED The Office alleges that the mark description is
inaccurate because it fails to identify it's literal element, "p." In doing so, the Office assumes that the mark does in fact include a highly stylized "p" and further this must stand for "philter."
Without further remark, we will comply with the required revision in order to expedite the mark to allowance. |
GOODS AND/OR SERVICES SECTION (class deleted) |
GOODS AND/OR SERVICES SECTION (class added) Original Class (034) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Personal, standalone air filtering units for filtering tobacco smoke, cannabis smoke or vapor exhaled directly into the devices |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a highly stylized letter "p" composed of a large circle with a very small triangular point forming the descending
line. |
ATTORNEY SECTION (current) |
NAME |
Timothy W. Fitzwilliam |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
LAW OFC. OF TW FITZWILLIAM |
INTERNAL ADDRESS |
#221 |
STREET |
5666 LA JOLLA BLVD. |
CITY |
LA JOLLA |
STATE |
California |
POSTAL CODE |
92037 |
COUNTRY |
US |
PHONE |
949-231-0434 |
EMAIL |
fitzwilliam.esq@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
PHT.302US |
ATTORNEY SECTION (proposed) |
NAME |
Timothy W. Fitzwilliam |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
LAW OFC. OF TW FITZWILLIAM |
INTERNAL ADDRESS |
#221 |
STREET |
5666 LA JOLLA BLVD. |
CITY |
LA JOLLA |
STATE |
California |
POSTAL CODE |
92037 |
COUNTRY |
United States |
PHONE |
949-231-0434 |
EMAIL |
fitzwilliam.esq@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
PHT.302US |
CORRESPONDENCE SECTION (current) |
NAME |
TIMOTHY W. FITZWILLIAM |
FIRM NAME |
LAW OFC. OF TW FITZWILLIAM |
INTERNAL ADDRESS |
#221 |
STREET |
5666 LA JOLLA BLVD. |
CITY |
LA JOLLA |
STATE |
California |
POSTAL CODE |
92037 |
COUNTRY |
US |
PHONE |
949-231-0434 |
EMAIL |
fitzwilliam.esq@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
PHT.302US |
CORRESPONDENCE SECTION (proposed) |
NAME |
Timothy W. Fitzwilliam |
FIRM NAME |
LAW OFC. OF TW FITZWILLIAM |
INTERNAL ADDRESS |
#221 |
STREET |
5666 LA JOLLA BLVD. |
CITY |
LA JOLLA |
STATE |
California |
POSTAL CODE |
92037 |
COUNTRY |
United States |
PHONE |
949-231-0434 |
EMAIL |
fitzwilliam.esq@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
PHT.302US |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/twfitzwilliam/ |
SIGNATORY'S NAME |
Timothy W. Fitzwilliam |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
9492310434 |
DATE SIGNED |
09/25/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Sep 25 22:16:47 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
190925221647843487-882511
60-610a56341534e26e3ba8a6
83243be95a6d1a4ec06d48f32
a9a335079fba8b58aa8-N/A-N
/A-20190925215820880648 |
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.
88251160 (Stylized and/or with Design, see http://uspto.report/TM/88251160/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
IDENTIFICATION OF PARTICULAR GOODS INDEFINITE The Office alleges the goods are misidentified because it is unclear whether the goods are a standalone product or part of a larger good. The fact of the
matter is that the good is a standalone product that can also be sold with a sleeve for coupling to an electronic cigarette. If the Office requires the Applicant to decide between the two then we
choose the former. Hence please amend the description of goods as follows: Personal, standalone air filtering units for filtering tobacco smoke, cannabis smoke or vapor exhaled directly into the
devices, which the Office has deemed falls into Class 11. MARK DESCRIPTION, REVISION REQUIRED The Office alleges that the mark description is inaccurate because it fails to identify it's literal
element, "p." In doing so, the Office assumes that the mark does in fact include a highly stylized "p" and further this must stand for "philter." Without further remark, we will comply with the
required revision in order to expedite the mark to allowance.
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 produced 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, cannabis 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.
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.302US.
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.302US.
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.302US.
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.302US.
The phone number is 949-231-0434.
The email address is fitzwilliam.esq@gmail.com
ADDITIONAL STATEMENTS
Description of mark
The mark consists of a highly stylized letter "p" composed of a large circle with a very small triangular point forming the descending line.
SIGNATURE(S)
Response Signature
Signature: /twfitzwilliam/ Date: 09/25/2019
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: 88251160
Internet Transmission Date: Wed Sep 25 22:16:47 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190925221647843
487-88251160-610a56341534e26e3ba8a683243
be95a6d1a4ec06d48f32a9a335079fba8b58aa8-
N/A-N/A-20190925215820880648