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. 88386237 ROLLING PAPERS(Standard Characters, see http://uspto.report/TM/88386237/mark.png) has been amended as follows:

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

The assumption that the product described are used to carry rolling papers is inaccurate. The products are traditional-sized back packs that a consumer wears over the shoulders ? far too big to simply carry rolling papers. A photo of the sample product is attached for reference (although this is not intended as a specimen for the intent to use application). The intended product is suitable for carrying books, clothing or other similarly large items. Applicant is a distributor of a wide variety of products traditionally intended for tobacco use, including rolling papers, tobacco wrappers, ashtrays, etc. Applicant also makes products that are ?lifestyle? products such as dog collars, dog leashes, clothing, and backpacks. The storage containers described in the goods and services for class 34 is correct. The containers (not yet in production) are intended for display on tables or bookshelves and to be large enough to hold a variety of smoking accessories such as lighters, tobacco in pouches or cans, ashtrays, etc. Accordingly, Applicant requests the description of the goods be amended to "Storage containers, namely, smokers? storage vaults for smoking accessories." Accordingly, with this amendment, the inquiry about multiple-class applications should be moot.

EVIDENCE
Evidence in the nature of photo of sample product (backpack) has been attached.
Original PDF file:
evi_1746917166-20191223145743979278_._rolling_papers_back_pack_specimen.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for storage containers
Original Filing Basis:
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.

Proposed:
Tracked Text Description: storage containers; storage containers, namely, smokers' storage vaults for smoking accessories.Class 034 for storage containers, namely, smokers' storage vaults for smoking accessories.
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.

SIGNATURE(S)
Response Signature
Signature: /Brendan N. Mahoney/     Date: 12/23/2019
Signatory's Name: Brendan N. Mahoney
Signatory's Position: General Counsel

Signatory's Phone Number: 602-374-7482

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.

        
Serial Number: 88386237
Internet Transmission Date: Mon Dec 23 15:06:23 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019122315062357
8393-88386237-7007a331397ce5dba54482aefb
7eaedf56dc6e29b8157895343fedc3c931e14-N/
A-N/A-20191223145743979278