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. 88387440 SUPERLINE(Standard Characters, see http://uspto.report/TM/88387440/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for Cigarettes; tobacco, raw or manufactured; roll your own tobacco; pipe tobacco; tobacco products; tobacco substitutes (not for medical purposes); cigars; cigarillos; cigarette lighters; cigar lighters; matches; smokers' articles; cigarette paper; cigarette tubes; cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for electronic cigarettes; tobacco products for the purpose of being heated
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Chile application number 1303466 filed 10/17/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Cigarettes; tobacco, raw or manufactured; roll your own tobacco; pipe tobacco; tobacco products; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes (not for medical purposes); tobacco substitutes not for medical purposes; cigars; cigarillos; cigarette lighters; cigar lighters; matches; smokers' articles; smokers' articles, namely, filter tubes, cigar relighting liquid solution, cigarette lighters not of precious metal, matches, ashtrays not of precious metal, pipes, cigarette holders, humidors, cigar cutters, tobacco pouches, pocket machines for rolling cigarettes; cigarette paper; cigarette tubes; cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for electronic cigarettes; liquids for e-cigarettes, namely, liquid nicotine solutions for use in electronic cigarettes; tobacco products for the purpose of being heated; tobacco products for the purpose of being heated, namely, sticks of tobacco or sticks of tobacco substitutes that are designed to be heated but not burnedClass 034 for Cigarettes; tobacco, raw or manufactured; roll your own tobacco; pipe tobacco; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes not for medical purposes; cigars; cigarillos; cigarette lighters; cigar lighters; matches; smokers' articles, namely, filter tubes, cigar relighting liquid solution, cigarette lighters not of precious metal, matches, ashtrays not of precious metal, pipes, cigarette holders, humidors, cigar cutters, tobacco pouches, pocket machines for rolling cigarettes; cigarette paper; cigarette tubes; cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for e-cigarettes, namely, liquid nicotine solutions for use in electronic cigarettes; tobacco products for the purpose of being heated, namely, sticks of tobacco or sticks of tobacco substitutes that are designed to be heated but not burned
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Chile application number 1303466 filed 10/17/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: William M. Bryner. William M. Bryner of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET, SUITE 2800
      MAILSTOP: IP DOCKETING - 22
      ATLANTA, Georgia 30309
      US
The docket/reference number is 1135683.

The phone number is 336-607-7300.

The fax number is 336-607-7500.

The email address is tmadmin@kilpatricktownsend.com

The applicants proposed attorney information: William M. Bryner. Other appointed attorneys are all the attorneys of Kilpatrick Townsend & Stockton LLP. William M. Bryner of Kilpatrick Townsend & Stockton LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Mailstop: IP Docketing - 22
      1100 Peachtree Street, Suite 2800
      Atlanta, Georgia 30309
      United States
The docket/reference number is 1135683.

The phone number is 336-607-7300.

The fax number is 336-607-7500.

The email address is tmadmin@kilpatricktownsend.com

William M. Bryner 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: WILLIAM M. BRYNER. WILLIAM M. BRYNER of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET, SUITE 2800
      MAILSTOP: IP DOCKETING - 22
      ATLANTA, Georgia 30309
      US
The docket/reference number is 1135683.

The phone number is 336-607-7300.

The fax number is 336-607-7500.

The email address is tmadmin@kilpatricktownsend.com; wstrademarks@kilpatricktownsend.com

The applicants proposed correspondence information: William M. Bryner. William M. Bryner of Kilpatrick Townsend & Stockton LLP, is located at

      Mailstop: IP Docketing - 22
      1100 Peachtree Street, Suite 2800
      Atlanta, Georgia 30309
      United States
The docket/reference number is 1135683.

The phone number is 336-607-7300.

The fax number is 336-607-7500.

The email address is tmadmin@kilpatricktownsend.com; wstrademarks@kilpatricktownsend.com

SIGNATURE(S)
Response Signature
Signature: /laura miller/     Date: 09/19/2019
Signatory's Name: Laura Miller
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 336-607-7300

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:    WILLIAM M. BRYNER
   KILPATRICK TOWNSEND & STOCKTON LLP
   1100 PEACHTREE STREET, SUITE 2800
   MAILSTOP: IP DOCKETING - 22
   ATLANTA, Georgia 30309
Mailing Address:    William M. Bryner
   Kilpatrick Townsend & Stockton LLP
   Mailstop: IP Docketing - 22
   1100 Peachtree Street, Suite 2800
   Atlanta, Georgia 30309
        
Serial Number: 88387440
Internet Transmission Date: Thu Sep 19 15:14:27 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019091915142764
0493-88387440-61056bde1d8b7e2d0e5e188856
b59c798cf423d4e2e9eaaa7fc44fcfc95acb798b
d-N/A-N/A-20190918102814660566