Response to Office Action

BLACK MAMBA

New Image Global, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88286542
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK http://uspto.report/TM/88286542/mark.png
LITERAL ELEMENT BLACK MAMBA
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
Please see the actual argument text attached within the Evidence section.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_1-746222382-20190612183745676991_._2019-6-12_Office_Action_Response__BLACK_MAMBA__Final.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\865\88286542\xml7\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\865\88286542\xml7\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\865\88286542\xml7\ROA0004.JPG
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 034
DESCRIPTION
"Roll your own" tobacco products, namely, cigarillo and cigar wraps and tubes
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/08/2012
        FIRST USE IN COMMERCE DATE At least as early as 10/08/2012
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 034
TRACKED TEXT DESCRIPTION
"Roll your own" tobacco products, namely, cigarillo and cigar wraps and tubes; Roll your own tobacco products, namely, cigarillo and cigar wraps and tubes
FINAL DESCRIPTION
Roll your own tobacco products, namely, cigarillo and cigar wraps and tubes
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/08/2012
       FIRST USE IN COMMERCE DATE At least as early as 10/08/2012
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The term "Black Mamba" has no special significance in Applicant's trade or industry, except to denote the source of Applicant's goods marked BLACK MAMBA. "Black Mamba" is not a term of art in Applicant's trade or industry.
SIGNATURE SECTION
RESPONSE SIGNATURE /Christopher Q. Pham/
SIGNATORY'S NAME Christopher Q. Pham
SIGNATORY'S POSITION Attorney of Record, Cal Bar No.: 206697
SIGNATORY'S PHONE NUMBER (818) 888-7540
DATE SIGNED 06/12/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jun 12 19:09:41 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
190612190941388211-882865
42-620da1420fe80d9f482944
67d59c7b232ce6582a11bb152
589d4b1a10851d908b-N/A-N/
A-20190612183745676991



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. 88286542 BLACK MAMBA(Standard Characters, see http://uspto.report/TM/88286542/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE

Original PDF file:
evi_1-746222382-20190612183745676991_._2019-6-12_Office_Action_Response__BLACK_MAMBA__Final.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for "Roll your own" tobacco products, namely, cigarillo and cigar wraps and tubes
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/08/2012 and first used in commerce at least as early as 10/08/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: "Roll your own" tobacco products, namely, cigarillo and cigar wraps and tubes; Roll your own tobacco products, namely, cigarillo and cigar wraps and tubesClass 034 for Roll your own tobacco products, namely, cigarillo and cigar wraps and tubes
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/08/2012 and first used in commerce at least as early as 10/08/2012 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
The term "Black Mamba" has no special significance in Applicant's trade or industry, except to denote the source of Applicant's goods marked BLACK MAMBA. "Black Mamba" is not a term of art in Applicant's trade or industry.


SIGNATURE(S)
Response Signature
Signature: /Christopher Q. Pham/     Date: 06/12/2019
Signatory's Name: Christopher Q. Pham
Signatory's Position: Attorney of Record, Cal Bar No.: 206697

Signatory's Phone Number: (818) 888-7540

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88286542
Internet Transmission Date: Wed Jun 12 19:09:41 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190612190941388
211-88286542-620da1420fe80d9f48294467d59
c7b232ce6582a11bb152589d4b1a10851d908b-N
/A-N/A-20190612183745676991


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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