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)

---

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. 88484226 MARATHON OG(Standard Characters, see http://uspto.report/TM/88484226/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section. Thank you.

EVIDENCE
Evidence in the nature of the actual argument text. has been attached.
Original PDF file:
evi_2600170244f0bc40395286a48fb156b-20200301013554558675_._Argument_Text_for_Response_to_Office_Action_for_MARATHON_OG.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 011 for Electrically powered handheld vaporizers for vaporizable constituents of herbal and plant matter
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: Electrically powered handheld vaporizers for vaporizable constituents of herbal and plant matter; Electrically powered handheld vaporizers for vaporizing vaporizable constituents of herbal and plant matter for household purposes.Class 011 for Electrically powered handheld vaporizers for vaporizing vaporizable constituents 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:
Current: Class 034 for Tobacco water wipes; cigarette rolling papers; cigarette rolling machines; pocket machines for rolling cigarettes; smoking accessories and devices, namely, herbs for smoking, smoking pipe cleaners, smoking tobacco, smoking urns, ashtrays, lighter flints, lighters for smokers, cigarette lighters not for land vehicles, electronic cigarette lighters, holders for cigarette packs and lighters, wicks for lighters, hemp wicks for lighters, tobacco grinders, tobacco jars, tobacco filters, and cigarette lighter holders wrapped with wicks for lighters; ashtrays for smokers; electronic cigarette refill cartridges sold empty; electronic cigarettes; electronic cigarettes for use as an alternative to traditional cigarettes; smokers' articles, namely, outdoor receptacles for cigar and cigarette ash and waste; smoking pipes; tobacco substitutes; smokers' articles, namely, electronic cigarettes and oral vaporizers for smokers, electronic cigarette batteries, electronic cigarette cartridges, and lighters
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: Tobacco water wipes; Tobacco water pipes; cigarette rolling papers; cigarette rolling machines; pocket machines for rolling cigarettes; smoking accessories and devices, namely, herbs for smoking, smoking pipe cleaners, smoking tobacco, smoking urns, ashtrays, lighter flints, lighters for smokers, cigarette lighters not for land vehicles, electronic cigarette lighters, holders for cigarette packs and lighters, wicks for lighters, hemp wicks for lighters, tobacco grinders, tobacco jars, tobacco filters, and cigarette lighter holders wrapped with wicks for lighters; ashtrays for smokers; electronic cigarette refill cartridges sold empty; electronic cigarettes; electronic cigarettes for use as an alternative to traditional cigarettes; smokers' articles, namely, outdoor receptacles for cigar and cigarette ash and waste; smoking pipes; tobacco substitutes; smokers' articles, namely, electronic cigarettes and oral vaporizers for smokers, electronic cigarette batteries, electronic cigarette cartridges, and lighters; electrically powered handheld vaporizers for vaporizing vaporizable constituents of herbal and plant matter for smokers.Class 034 for Tobacco water pipes; cigarette rolling papers; cigarette rolling machines; pocket machines for rolling cigarettes; smoking accessories and devices, namely, herbs for smoking, smoking pipe cleaners, smoking tobacco, smoking urns, ashtrays, lighter flints, lighters for smokers, cigarette lighters not for land vehicles, electronic cigarette lighters, holders for cigarette packs and lighters, wicks for lighters, hemp wicks for lighters, tobacco grinders, tobacco jars, tobacco filters, and cigarette lighter holders wrapped with wicks for lighters; ashtrays for smokers; electronic cigarette refill cartridges sold empty; electronic cigarettes; electronic cigarettes for use as an alternative to traditional cigarettes; smokers' articles, namely, outdoor receptacles for cigar and cigarette ash and waste; smoking pipes; tobacco substitutes; smokers' articles, namely, electronic cigarettes and oral vaporizers for smokers, electronic cigarette batteries, electronic cigarette cartridges, and lighters; electrically powered handheld vaporizers for vaporizing vaporizable constituents of herbal and plant matter for smokers.
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Samiel G Asghedom, a citizen of United States, having an address of
      5822 5th Ave.
      Los Angeles, California 90043
      United States

Proposed: Asghedom, Samiel G., a citizen of United States, having an address of
      5822 5th Ave.
      Los Angeles, California 90043
      United States
      Email Address: sales@themarathonclothing.com

The owner's/holder's current attorney information: Robert B. Burlingame. Robert B. Burlingame of AMPLITUDE IP, is located at

      CALENDAR/DOCKETING DEPARTMENT
      182 HOWARD STREET, #2
      SAN FRANCISCO, California 94105
      United States
The docket/reference number is 054831-04592.
      The phone number is 925-230-8814.
      The email address is sftrademarks@amplitudeip.com

The owner's/holder's proposed attorney information: Robert B. Burlingame. Robert B. Burlingame of AMPLITUDE IP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      CALENDAR/DOCKETING DEPARTMENT
      182 HOWARD STREET, #2
      SAN FRANCISCO, California 94105
      United States
The docket/reference number is 054831-04592.
      The phone number is 925-230-8814.
      The email address is sftrademarks@amplitudeip.com

Robert B. Burlingame 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.Correspondence Information (current):
      ROBERT B. BURLINGAME
      PRIMARY EMAIL FOR CORRESPONDENCE: sftrademarks@amplitudeip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 054831-04592.
Correspondence Information (proposed):
      Robert B. Burlingame
      PRIMARY EMAIL FOR CORRESPONDENCE: sftrademarks@amplitudeip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 054831-04592.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Robert B. Burlingame/     Date: 02/29/2020
Signatory's Name: Robert B. Burlingame
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 925-230-8814

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:    ROBERT B. BURLINGAME
   AMPLITUDE IP
   CALENDAR/DOCKETING DEPARTMENT
   182 HOWARD STREET, #2
   SAN FRANCISCO, California 94105
Mailing Address:    Robert B. Burlingame
   AMPLITUDE IP
   CALENDAR/DOCKETING DEPARTMENT
   182 HOWARD STREET, #2
   SAN FRANCISCO, California 94105
        
Serial Number: 88484226
Internet Transmission Date: Sun Mar 01 01:44:16 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXX-20200301014416911733-88484226-7
10f5c952289265da8649556d1194cfa99d7d860f
1939897f3f7c94f4cc7ad3f48-N/A-N/A-202003
01013554558675