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. 88742402 DIRTY (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8874240 2/large) has been amended as follows:

EVIDENCE
Evidence has been attached: a Response to the issues raised in the Office Action and four (4) screen prints from various websites that have been referenced in the Response to the Office Action
Original PDF file:
evi_50225108125-202006302 15502409727_._Response_to _Office_Action-30Jun2020.pdf
Converted PDF file(s) ( 36 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36
Original PDF file:
evi_50225108125-202006302 15502409727_._Dirty_Vape_ Juice.pdf
Converted PDF file(s) ( 7 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7
Original PDF file:
evi_50225108125-202006302 15502409727_._Dirty_Inlin e_Vape_LLC.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_50225108125-202006302 15502409727_._Dirty_Danis h_by_Food_Fighter_Ejuice.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_50225108125-202006302 15502409727_._Dirty_Danis h.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 034 for E-liquid comprised of flavorings in liquid form, other than essential oils, used to fill electronic smoking devices, namely, electronic cigarette cartridges for electronic smoking devices, namely, electronic cigarettes
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 05/24/2019 and first used in commerce at least as early as 05/24/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: E-liquid comprised of flavorings in liquid form, other than essential oils, used to fill electronic smoking devices, namely, electronic cigarette cartridges for electronic smoking devices, namely, electronic cigarettes; E-liquid comprised of flavorings in liquid form, other than essential oils, used to fill electronic smoking devices, namely, electronic cigarette cartridges sold filled with chemical flavorings in liquid form; electronic cigarettesClass 034 for E-liquid comprised of flavorings in liquid form, other than essential oils, used to fill electronic smoking devices, namely, electronic cigarette cartridges sold filled with chemical flavorings in liquid form; electronic cigarettes
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 05/24/2019 and first used in commerce at least as early as 05/24/2019 , and is now in use in such commerce. Correspondence Information (current):
      PATRICK MASTROGIACOMO, JR.
      PRIMARY EMAIL FOR CORRESPONDENCE: pmastro1@wyan.org
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 26225-0002.
Correspondence Information (proposed):
      Patrick Mastrogiacomo, Jr.
      PRIMARY EMAIL FOR CORRESPONDENCE: pmastro1@wyan.org
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 26225-0002.

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: /Patrick Mastrogiacomo, Jr./     Date: 06/30/2020
Signatory's Name: Patrick Mastrogiacomo, Jr.
Signatory's Position: Attorney of record, Michigan Bar member

Signatory's Phone Number: 734-674-9995

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:    PATRICK MASTROGIACOMO, JR.
   MASTROGIACOMO PLLC
   
   345 PINE STREET
   WYANDOTTE, Michigan 48192
Mailing Address:    Patrick Mastrogiacomo, Jr.
   MASTROGIACOMO PLLC
   345 PINE STREET
   WYANDOTTE, Michigan 48192
        
Serial Number: 88742402
Internet Transmission Date: Tue Jun 30 22:06:29 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202006302206293
96389-88742402-710115cc3eef9aa81858aa226
e05f2c7535d980197084168142809397fdfacbf3
-N/A-N/A-20200630215502409727