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. 88389547 WELBY(Standard Characters, see http://uspto.report/TM/88389547/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 011 for electric devices to be plugged into wall outlets having a heating element and which dispenses menthol and non-menthol vapors
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 11/24/2018 and first used in commerce at least as early as 11/24/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: electric devices to be plugged into wall outlets having a heating element and which dispenses menthol and non-menthol vapors; electric devices to be plugged into wall outlets having a heating element and which dispenses menthol and non-menthol vapors for non-medical purposesClass 011 for electric devices to be plugged into wall outlets having a heating element and which dispenses menthol and non-menthol vapors for non-medical purposes
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 11/24/2018 and first used in commerce at least as early as 11/24/2018 , and is now in use in such commerce.
The applicant's current attorney information: Vincent J. Elders. Vincent J. Elders of SMITH, LANDMEIER & ELDERS, P.C., is located at

      15 N. SECOND STREET
      GENEVA, Illinois 60134
      US
The docket/reference number is 22263.207.

The phone number is 630-232-2880.

The fax number is 630-232-2889.

The email address is trademarks@smithlandmeier.com

The applicants proposed attorney information: Vincent J. Elders. Vincent J. Elders of Smith, Landmeier & Elders, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      309 Hamilton Street, Suite E
      Geneva, Illinois 60134
      United States
The docket/reference number is 22263.207.

The phone number is 630-232-2880.

The fax number is 630-232-2889.

The email address is trademarks@smithlandmeier.com

Vincent J. Elders 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: VINCENT J. ELDERS. VINCENT J. ELDERS of SMITH, LANDMEIER & ELDERS, P.C., is located at

      15 N. SECOND STREET
      GENEVA, Illinois 60134
      US
The docket/reference number is 22263.207.

The phone number is 630-232-2880.

The fax number is 630-232-2889.

The email address is trademarks@smithlandmeier.com

The applicants proposed correspondence information: Vincent J. Elders. Vincent J. Elders of Smith, Landmeier & Elders, P.C., is located at

      309 Hamilton Street, Suite E
      Geneva, Illinois 60134
      United States
The docket/reference number is 22263.207.

The phone number is 630-232-2880.

The fax number is 630-232-2889.

The email address is trademarks@smithlandmeier.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
On information and belief, WELBY is not the surname of anyone connected to the Applicant.


SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 5484263 5367388 4825161 4620639 2894751 2721801


SIGNATURE(S)
Response Signature
Signature: /Vincent J. Elders/     Date: 12/24/2019
Signatory's Name: Vincent J. Elders
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 630-232-2880

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:    VINCENT J. ELDERS
   SMITH, LANDMEIER & ELDERS, P.C.
   
   15 N. SECOND STREET
   GENEVA, Illinois 60134
Mailing Address:    Vincent J. Elders
   Smith, Landmeier & Elders, P.C.
   309 Hamilton Street, Suite E
   Geneva, Illinois 60134
        
Serial Number: 88389547
Internet Transmission Date: Tue Dec 24 14:27:00 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201912241427001
79695-88389547-700418c3541a0ee9e8ca2a3c7
f5116ccc36717bde645943a24135285811325abb
8-N/A-N/A-20191224141614666018