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. 88264544 PHILTER (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8826454 4/large) 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. 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 so the usage is clear and our specimen provides strong association of the mark with the good. Further we wish to amend to Section 1A with an Allegation of Use at the earliest opportunity which we believe to be when the electronic filing system recognizes and changes class of goods as provided below. IDENTIFICATION OF PARTICULAR GOODS INDEFINITE Previously it has been alleged that Applicants choice of words for describing goods is indefinite and/or broad and/or incorrectly classed or in more than one class. In order to avoid more refusals regarding identification of goods, we refer to our specimen that is a box containing the good, with the mark on the box, and further with an image of the good on the box. And, we wish to amend the goods from Class 11 back to Class 34 again due to the close association of the goods with vaporizers and electronic cigarettes (also as evidenced by an image of a vaporizer stick also provided on the box). Accordingly, we wish to amend the goods and services to: "Personal accessories for smoking devices, namely a sleeve for holding the smoking device."

EVIDENCE
Evidence has been attached: a proposed specimen as evidence of a specific good that is clear and definite,
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, cannibis smoke or vapor exhaled directly into the devices

Applicant hereby adds the following class of goods/services to the application:
New: Class 034 (Original Class: 011 ) for Personal accessories for smoking devices, namely a sleeve for holding the smoking device
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.
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.303US.
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.303US.

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: 02/24/2020
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: 88264544
Internet Transmission Date: Mon Feb 24 18:49:30 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200224184930647326-88264544-
710b88631dd6bd2c83b4b8572ecfdc64be3ce6cc
797b6826dd1379e1783429ebcf0-N/A-N/A-2020
0224182022687511