Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88879381 WILDCAT(Standard Characters, see http://uspto.report/TM/88879381/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 034 for Tobacco and tobacco products; absorbent paper for tobacco pipes; ashtrays; books of cigarette papers; cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; cartridges sold filled with propylene glycol for electronic cigarettes; cartridges sold filled with vegetable glycerin for electronic cigarettes; cases for electronic cigarettes; ceramic snuff boxes; chemical flavourings in liquid form used to refill electronic cigarette cartridges; chewing tobacco; cigar boxes; cigar cases; cigar cutters; cigar holders; cigar humidifiers; cigar tubes; cigarette boxes; cigarette cases; cigarette filters; cigarette lighter holders; cigarette lighters; cigarette lighters of precious metal; cigarette lights; cigarette paper; cigarette rollers; cigarette rolling machines; cigarette rolling papers; cigarette tips; cigarette tubes; cigarettes; cigarillos; cigars; dried cannabis; dried marijuana; e-cigarettes; electric cigarettes; electronic cigarette boxes; electronic cigarette cases; electronic cigarettes; electronic cigarettes for use as an alternative to traditional cigarettes; electronic cigars; electronic hookahs; electronic smoking pipes; electronic vaporizers for smoking purposes; filter tips for cigarettes; filter-tipped cigarettes; firestones; flints and firestones; flints for lighters; gas containers for cigar lighters; hand-rolling tobacco; herbs for smoking; holders for cigarette lighters; holders of cigars of precious metal; hookahs; humidors; leaf tobacco; lighter flints; lighters; lighters for smokers; liquefied gas cylinders for cigarette lighters; liquid nicotine solutions for use in e-cigarettes; liquid nicotine solutions for use in electronic cigarettes; liquid solutions for use in electronic cigarettes; liquified fuel gas cylinders for cigarette lighters; machines allowing smokers to make cigarettes by themselves; machines for rolling cigarettes; match books; match boxes; match holders; match holders of precious metal; matchboxes; matchboxes of precious metal; matches; menthol cigarettes; menthol pipe tobacco; mentholated cigarettes; mentholated pipes; mentholated tobacco; metal cigar cases; metal snuff boxes; mouthpieces for cigarette holders; narghiles; oral vaporizers for smokers; oral vaporizers for smoking purposes; paraffin matches; pipe cleaners; pipe cleaners for tobacco pipes; pipe pouches; pipe racks for tobacco pipes; pipe tampers; pipe tobacco; pipes for smoking mentholated tobacco substitutes; pocket apparatus for rolling cigarettes; pocket apparatus for self-rolling cigarettes; pocket appliances for rolling one's own cigarettes; pocket-size cigarette rolling machines; roll your own tobacco; rolling tobacco; safety matches; smokeless cigar vaporizer pipes; smokeless cigarette vaporizer pipes; smokeless tobacco; smoking pipe cleaners; smoking pipe scourers; smoking pipes; smoking tobacco; snuff; snuff boxes; snuffboxes; snus; spittoons for tobacco users; sulfur matches; sulphur matches; tampers for tobacco pipes; tips of yellow amber for cigar and cigarette holders; tobacco; tobacco, cigars and cigarettes; tobacco filters; tobacco flavourings; tobacco jars; tobacco pipe cleaners; tobacco pipe tampers; tobacco pipes; tobacco pouches; tobacco products; tobacco slicers; tobacco spittoons; tobacco tins; white phosphorus matches; yellow phosphorus matches
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 and tobacco products; Tobacco and tobacco substitutes; absorbent paper for tobacco pipes; ashtrays; books of cigarette papers; cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; cartridges sold filled with propylene glycol for electronic cigarettes; cartridges sold filled with vegetable glycerin for electronic cigarettes; cases for electronic cigarettes; ceramic snuff boxes; chemical flavourings in liquid form used to refill electronic cigarette cartridges; chewing tobacco; cigar boxes; cigar cases; cigar cutters; cigar holders; cigar humidifiers; cigar tubes; cigarette boxes; cigarette cases; cigarette filters; cigarette lighter holders; cigarette lighters; cigarette lighters of precious metal; cigarette lights; cigarette paper; cigarette roller machines; cigarette rollers; cigarette rolling machines; cigarette rolling papers; cigarette filter tips; cigarette tips; cigarette tubes; cigarettes; cigarillos; cigars; e-cigarettes being Electronic cigarettes; dried cannabis; electric cigarettes; dried marijuana; electronic cigarette boxes; e-cigarettes; electronic cigarette cases; electronic cigarettes; electronic cigarettes for use as an alternative to traditional cigarettes; electronic cigars; electronic hookahs; electronic smoking pipes; electronic vaporizers for smoking purposes; filter tips for cigarettes; filter-tipped cigarettes; firestones; flints and firestones; flints for lighters; liquefied gas containers for cigar lighters; hand-rolling tobacco; herbs for smoking; gas containers for cigar lighters; holders for cigarette lighters; holders of cigars of precious metal; hookahs; humidors; leaf tobacco; lighter flints; lighters for smokers; lighters for smokers; liquefied gas cylinders for cigarette lighters; lighters; liquid nicotine solutions for use in e-cigarettes; liquid nicotine solutions for use in electronic cigarettes; liquid solutions for use in electronic cigarettes; liquified fuel gas cylinders for cigarette lighters; machines allowing smokers to make cigarettes by themselves; machines for rolling cigarettes; match books; match boxes; match holders; match holders of precious metal; matchboxes; matchboxes of precious metal; matches; menthol cigarettes; menthol pipe tobacco; mentholated cigarettes; mentholated pipes; mentholated tobacco; metal cigar cases; metal snuff boxes; mouthpieces for cigarette holders; tobacco water pipes, namely, narghiles; oral vaporizers for smokers; oral vaporizers for smoking purposes; narghiles; paraffin matches; Smoking pipe cleaners; pipe cleaners for tobacco pipes; pipe pouches; pipe cleaners; pipe racks for tobacco pipes; pipe tampers; pipe tobacco; pipes for smoking mentholated tobacco substitutes; pocket apparatus for rolling cigarettes; pocket apparatus for self-rolling cigarettes; pocket appliances for rolling one's own cigarettes; pocket-size cigarette rolling machines; roll your own tobacco; rolling tobacco; safety matches; smokeless cigar vaporizer pipes; smokeless cigarette vaporizer pipes; smokeless tobacco; smoking pipe cleaners; smoking pipe scourers; smoking pipes; smoking tobacco; snuff; snuff boxes; snuffboxes; Tobacco powder, namely, snus; spittoons for tobacco users; sulfur matches; snus; sulphur matches; tampers for tobacco pipes; Filter tips of yellow amber for cigar and cigarette holders; tobacco; tobacco, cigars and cigarettes; tips of yellow amber for cigar and cigarette holders; tobacco filters; tobacco flavourings, other than essential oils; tobacco jars; tobacco pipe cleaners; tobacco flavourings; tobacco pipe tampers; tobacco pipes; tobacco pouches; tobacco slicers; tobacco spittoons; tobacco tins; tobacco products; white phosphorus matches; yellow phosphorus matchesClass 034 for Tobacco and tobacco substitutes; absorbent paper for tobacco pipes; ashtrays; books of cigarette papers; cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; cartridges sold filled with propylene glycol for electronic cigarettes; cartridges sold filled with vegetable glycerin for electronic cigarettes; cases for electronic cigarettes; ceramic snuff boxes; chemical flavourings in liquid form used to refill electronic cigarette cartridges; chewing tobacco; cigar boxes; cigar cases; cigar cutters; cigar holders; cigar humidifiers; cigar tubes; cigarette boxes; cigarette cases; cigarette filters; cigarette lighter holders; cigarette lighters; cigarette lighters of precious metal; cigarette paper; cigarette roller machines; cigarette rolling machines; cigarette rolling papers; cigarette filter tips; cigarette tubes; cigarettes; cigarillos; cigars; e-cigarettes being Electronic cigarettes; electric cigarettes; electronic cigarette boxes; electronic cigarette cases; electronic cigarettes; electronic cigarettes for use as an alternative to traditional cigarettes; electronic cigars; electronic hookahs; electronic smoking pipes; electronic vaporizers for smoking purposes; filter tips for cigarettes; filter-tipped cigarettes; firestones; flints and firestones; flints for lighters; liquefied gas containers for cigar lighters; hand-rolling tobacco; herbs for smoking; holders for cigarette lighters; holders of cigars of precious metal; hookahs; humidors; leaf tobacco; lighter flints; lighters for smokers; lighters for smokers; liquefied gas cylinders for cigarette lighters; liquid nicotine solutions for use in e-cigarettes; liquid nicotine solutions for use in electronic cigarettes; liquid solutions for use in electronic cigarettes; liquified fuel gas cylinders for cigarette lighters; machines allowing smokers to make cigarettes by themselves; machines for rolling cigarettes; match books; match boxes; match holders; match holders of precious metal; matchboxes; matchboxes of precious metal; matches; menthol cigarettes; menthol pipe tobacco; mentholated cigarettes; mentholated pipes; mentholated tobacco; metal cigar cases; metal snuff boxes; mouthpieces for cigarette holders; tobacco water pipes, namely, narghiles; oral vaporizers for smokers; oral vaporizers for smoking purposes; paraffin matches; Smoking pipe cleaners; pipe cleaners for tobacco pipes; pipe pouches; pipe racks for tobacco pipes; pipe tampers; pipe tobacco; pipes for smoking mentholated tobacco substitutes; pocket apparatus for rolling cigarettes; pocket apparatus for self-rolling cigarettes; pocket appliances for rolling one's own cigarettes; pocket-size cigarette rolling machines; roll your own tobacco; rolling tobacco; safety matches; smokeless cigar vaporizer pipes; smokeless cigarette vaporizer pipes; smokeless tobacco; smoking pipe cleaners; smoking pipe scourers; smoking pipes; smoking tobacco; snuff; snuff boxes; snuffboxes; Tobacco powder, namely, snus; spittoons for tobacco users; sulfur matches; sulphur matches; tampers for tobacco pipes; Filter tips of yellow amber for cigar and cigarette holders; tobacco; tobacco, cigars and cigarettes; tobacco filters; tobacco flavourings, other than essential oils; tobacco jars; tobacco pipe cleaners; tobacco pipe tampers; tobacco pipes; tobacco pouches; tobacco slicers; tobacco spittoons; tobacco tins; white phosphorus matches; yellow phosphorus matches;
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has deleted all references to marijuana and cannabis and related unlawful goods under the federal Controlled Substances Act (CSA), 21 U.S.C. §§801-971, as of October 16, 2018, the date on which the application was filed. goods. As such, the language "any CBD in the goods being featured or for use with the goods being solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis" is superfluous and unnecessary. For example, see co-pending Ser. No. which is for similar goods and the accepted identification of goods does not include the superfluous and unnecessary language.

Correspondence Information (current):
      STEPHEN L, BAKER
      PRIMARY EMAIL FOR CORRESPONDENCE: officeactions@br-tmlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): s.baker@br-tmlaw.com; k.hnasko@br-tmlaw.com; s.cesaro@br-tmlaw.com
Correspondence Information (proposed):
      Stephen L, Baker
      PRIMARY EMAIL FOR CORRESPONDENCE: officeactions@br-tmlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): s.baker@br-tmlaw.com; k.hnasko@br-tmlaw.com; s.cesaro@br-tmlaw.com

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: /Stephen L. Baker/     Date: 03/15/2021
Signatory's Name: Stephen L. Baker
Signatory's Position: Attorney of record, New York and New Jersey bar member

Signatory's Phone Number: 9087225640 Signature method: Signed directly within the form

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:    STEPHEN L, BAKER
   BAKER AND RANNELLS PA
   SUITE 302
   92 EAST MAIN STREET
   SOMERVILLE, New Jersey 08876
Mailing Address:    Stephen L, Baker
   BAKER AND RANNELLS PA
   SUITE 302
   92 EAST MAIN STREET
   SOMERVILLE, New Jersey 08876
        
Serial Number: 88879381
Internet Transmission Date: Mon Mar 15 16:00:18 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202103151600187244
74-88879381-770c1afae539a914ecfb4a168b58
b948581e51cbf8d2de86cf78cb84894f2958c1-N
/A-N/A-20210315153503437592