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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88251178 ZERO-5(Standard Characters, see http://uspto.report/TM/88251178/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.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 034 for Personal air filter 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.304US.

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.304US.

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.304US.

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.304US.

The phone number is 949-231-0434.

The email address is fitzwilliam.esq@gmail.com

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: 88251178
Internet Transmission Date: Wed Sep 25 22:26:04 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190925222604951
681-88251178-61073274c97f9a5974ec64c1292
0a5f48091e48a59d92f5f8437d2f3ba5ad5427b-
N/A-N/A-20190925221933033328