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. 88437708 GOCART(Standard Characters, see http://uspto.report/TM/88437708/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 009 for Carrying cases, holders, and protective cases featuring power supply connectors, adaptors and battery charging devices adapted for use with handheld electronic devices, namely, electronic cigarettes
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: Carrying cases, holders, and protective cases featuring power supply connectors, adaptors and battery charging devices adapted for use with handheld electronic devices, namely, electronic cigarettes; Batteries and electric accumulators for electric and electronic cigarettes; battery chargers for use with electronic and electric cigarettes; USB chargers for electric and electronic cigarettes; electronic devices and appliances for charging and carrying electronic and electric cigarettes; charging cases; power adapters for charging electronic and electric cigarettes, batteries and electric accumulators for electric and electronic cigarettes, and heating elements for use with for electric and electronic cigarettes; and power cords for electric vaporizers for the vaporization of herbal and plant matter for household purposesClass 009 for Batteries and electric accumulators for electric and electronic cigarettes; battery chargers for use with electronic and electric cigarettes; USB chargers for electric and electronic cigarettes; electronic devices and appliances for charging and carrying electronic and electric cigarettes; charging cases; power adapters for charging electronic and electric cigarettes, batteries and electric accumulators for electric and electronic cigarettes, and heating elements for use with for electric and electronic cigarettes; and power cords for electric vaporizers for the vaporization of herbal and plant matter for household purposes
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Electric vaporizers for the vaporization of herbal and plant matter for household purposes and related accessories therefore, namely, covers, charging cases, adapters, and power cords; batteries and electric accumulators for electric and electronic cigarettes; battery chargers for use with electronic and electric cigarettes; USB chargers for electric and electronic cigarettes; electronic devices and appliances for charging and carrying electronic and electric cigarettes
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: Electric vaporizers for the vaporization of herbal and plant matter for household purposes and related accessories therefore, namely, covers, charging cases, adapters, and power cords; Electric vaporizers for the vaporization of herbal and plant matter for household purposes; batteries and electric accumulators for electric and electronic cigarettes; battery chargers for use with electronic and electric cigarettes; USB chargers for electric and electronic cigarettes; electronic devices and appliances for charging and carrying electronic and electric cigarettesClass 011 for Electric vaporizers for the vaporization of herbal and plant matter for household purposes
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 034 for Carrying cases, holders, and protective cases featuring power supply connectors, adaptors and battery charging devices adapted for use with handheld electronic devices, namely, electronic cigarettes
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.

The applicant's current attorney information: Andrew J. Ligotti, Esq.. Andrew J. Ligotti, Esq. of ALSTON & BIRD LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      US
The docket/reference number is 532008.

The phone number is 212-210-9400.

The fax number is 212-210-9444.

The email address is ipnyc@alston.com

The applicants proposed attorney information: Andrew J. Ligotti, Esq.. Other appointed attorneys are Lara A. Holzman, Christopher L. McArdle, Natalie C. Clayton, Paul Tanck, Neal J. McLaughlin, Gregory Carbo, Philippe Bennett, Thomas J. Parker, and Nadya Munasifi Sand. Andrew J. Ligotti, Esq. of ALSTON & BIRD 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

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 532008.

The phone number is 212-210-9400.

The fax number is 212-210-9444.

The email address is ipnyc@alston.com

Andrew J. Ligotti, Esq. 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: ANDREW J. LIGOTTI, ESQ.. ANDREW J. LIGOTTI, ESQ. of ALSTON & BIRD LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      US
The docket/reference number is 532008.

The phone number is 212-210-9400.

The fax number is 212-210-9444.

The email address is ipnyc@alston.com

The applicants proposed correspondence information: Andrew J. Ligotti, Esq.. Andrew J. Ligotti, Esq. of ALSTON & BIRD LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 532008.

The phone number is 212-210-9400.

The fax number is 212-210-9444.

The email address is ipnyc@alston.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Andrew J. Ligotti/      Date: 10/02/2019
Signatory's Name: Andrew J. Ligotti
Signatory's Position: Attorney of Record, Member of the New York State Bar
Signatory's Phone Number: 212-210-1286


Response Signature
Signature: /Andrew J. Ligotti/     Date: 10/02/2019
Signatory's Name: Andrew J. Ligotti
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 212-210-1286

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:    ANDREW J. LIGOTTI, ESQ.
   ALSTON & BIRD LLP
   
   90 PARK AVENUE
   NEW YORK, New York 10016
Mailing Address:    Andrew J. Ligotti, Esq.
   ALSTON & BIRD LLP
   90 PARK AVENUE
   NEW YORK, New York 10016
        
RAM Sale Number: 88437708
RAM Accounting Date: 10/03/2019
        
Serial Number: 88437708
Internet Transmission Date: Thu Oct 03 08:52:32 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019100308523211
4943-88437708-6109ba19d1586bbc489e4d8bae
8e826655e437a28e51087bb98bca189774b04660
-DA-52316021-20190926114757515883