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. 88439830 VAPO(Standard Characters, see http://uspto.report/TM/88439830/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 Electronic cigarettes; cartridges for electronic cigarettes; liquids for electronic cigarettes; cigarettes containing tobacco substitutes; tobacco substitutes; cigarettes; tobacco; tobacco products; cigarette cases; cigarette boxes
Original Filing Basis:
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[ United Kingdom application number UK0000337453 filed 02/11/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Electronic cigarettes; cartridges for electronic cigarettes; cartridges sold filled with propylene glycol, vegetable glycerin, chemical flavorings in liquid form, nicotine and nicotine substitutes, for electronic cigarettes; liquids for electronic cigarettes; electronic cigarette liquids (e-liquid) comprised of propylene glycol, vegetable glycerin, chemical flavorings in liquid form, nicotine and nicotine substitute; cigarettes containing tobacco substitutes; cigarettes containing tobacco substitutes not for medical purposes; tobacco substitutes; cigarettes; tobacco; tobacco products; tobacco products, namely, tobacco grinders, tobacco pipes and tobacco tins; cigarette cases; cigarette boxesClass 034 for Electronic cigarettes; cartridges sold filled with propylene glycol, vegetable glycerin, chemical flavorings in liquid form, nicotine and nicotine substitutes, for electronic cigarettes; electronic cigarette liquids (e-liquid) comprised of propylene glycol, vegetable glycerin, chemical flavorings in liquid form, nicotine and nicotine substitute; cigarettes containing tobacco substitutes not for medical purposes; tobacco substitutes; cigarettes; tobacco; tobacco products, namely, tobacco grinders, tobacco pipes and tobacco tins; cigarette cases; cigarette boxes
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 [ United Kingdom application number UK0000337453 filed 02/11/2019]. 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: Sylvia Mulholland. Sylvia Mulholland of LAW OFFICE OF SYLVIA MULHOLLAND, is located at

      SUITE #110
      1450 2ND STREET
      SANTA MONICA, California 90401
      US

The phone number is 844-475-2952.

The email address is smulholland@mulholland-law.com

The applicants proposed attorney information: Sylvia Mulholland. Sylvia Mulholland of LAW OFFICE OF SYLVIA MULHOLLAND, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE #110
      1450 2ND STREET
      SANTA MONICA, California 90401
      United States

The phone number is 844-475-2952.

The email address is smulholland@mulholland-law.com

Sylvia Mulholland 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: SYLVIA MULHOLLAND. SYLVIA MULHOLLAND of LAW OFFICE OF SYLVIA MULHOLLAND, is located at

      SUITE #110
      1450 2ND STREET
      SANTA MONICA, California 90401
      US

The phone number is 844-475-2952.

The email address is smulholland@mulholland-law.com

The applicants proposed correspondence information: Sylvia Mulholland. Sylvia Mulholland of LAW OFFICE OF SYLVIA MULHOLLAND, is located at

      SUITE #110
      1450 2ND STREET
      SANTA MONICA, California 90401
      United States

The phone number is 844-475-2952.

The email address is smulholland@mulholland-law.com

SIGNATURE(S)
Response Signature
Signature: /Sylvia Mulholland/     Date: 09/12/2019
Signatory's Name: Sylvia Mulholland
Signatory's Position: Attorney of Record, California Bar member

Signatory's Phone Number: 8444752952

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:    SYLVIA MULHOLLAND
   LAW OFFICE OF SYLVIA MULHOLLAND
   SUITE #110
   1450 2ND STREET
   SANTA MONICA, California 90401
Mailing Address:    Sylvia Mulholland
   LAW OFFICE OF SYLVIA MULHOLLAND
   SUITE #110
   1450 2ND STREET
   SANTA MONICA, California 90401
        
Serial Number: 88439830
Internet Transmission Date: Thu Sep 12 08:19:15 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019091208191512
9083-88439830-610c54ab3163c53f80522be889
be448a38f5c5f3434d050cff3888413be52ed-N/
A-N/A-20190912081409221002