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. 88913095 BYRA(Standard Characters, see http://uspto.report/TM/88913095/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 034 for Ashtrays; Cigar boxes not of precious metal; Cigar boxes of precious metal; Cigar clippers; Cigar holders; Cigar humidifiers; Cigar pouches; Cigarette cases not of precious metal; Cigarette filters; Cigarette holders; Cigarette holders of precious metal; Cigarette lighter holders; Cigarette lighters; Cigarette paper; Cigarette rolling machines; Cigars; Electronic hookahs; Flavorings, other than essential oils, for use in electronic cigarettes; Hookah tobacco; Lighter flints; Lighters for smokers; Liquefied gas cylinders for cigarette lighters; Liquid nicotine solutions for use in electronic cigarettes; Match boxes; Matches; Smoking pipes; Snuffboxes; Tobacco filters; Tobacco pouches; Tobacco spittoons
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 05/04/2020 and first used in commerce at least as early as 05/04/2020 , and is now in use in such commerce.


Proposed:
Class 034 for Ashtrays; Cigar boxes not of precious metal; Cigar boxes of precious metal; Cigar clippers; Cigar holders; Cigar humidifiers; Cigar pouches; Cigarette cases not of precious metal; Cigarette filters; Cigarette holders; Cigarette holders of precious metal; Cigarette lighter holders; Cigarette lighters; Cigarette paper; Cigarette rolling machines; Cigars; Electronic hookahs; Flavorings, other than essential oils, for use in electronic cigarettes; Hookah tobacco; Lighter flints; Lighters for smokers; Liquefied gas cylinders for cigarette lighters; Liquid nicotine solutions for use in electronic cigarettes; Match boxes; Matches; Smoking pipes; Snuffboxes; Tobacco filters; Tobacco pouches; Tobacco spittoons
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 05/04/2020 and first used in commerce at least as early as 05/04/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 034. The specimen(s) submitted consists of Cigar Lighter, Cigar humidifiers and Ashtrays with the applied for mark.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9
Original PDF file:
SPU0-15417332-20210124205 537411247_._BYRA_Jet_Torc h_Cigar_Lighter.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-15417332-20210124205 537411247_._BYRA_Desktop_ Cigar_Humidor_Box.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3
Original PDF file:
SPU0-15417332-20210124205 537411247_._BYRA_Ashtray_ _Outdoor_Ash_tray.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4

Webpage URL: http://addtcart.com/products/byra-jet-torch-cigar-lighter-blue-flame-cigarette-lighter-with-flame-adjustable-dial-butane-refillable-fuel-not-included http://addtcart.com/products/byra-desktop-cigar-humidor-box-cedar-lined-holds-to-20-to-30-cigars-box-with-cedar-divider-humidifier-hygrometer http://addtcart.com/products/byra-ashtray-outdoor-ash-tray-for-patio-with-lid-windproof-ashtrays-for-cigarettes-handmade-ceramic-ashtray-for-home-office-indoor-decoration
Webpage Date of Access: 01/11/2021



OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SHENZHEN BOKAIZE KEJI LIMITED COMPANY a(n) limited company (ltd.), legally organized under the laws of China, having an address of

            C206, ANJUN CANGCHU BUILDING, NO. 29      JINHUA RD., FUBAO COMMUNITY, FUBAO ST.
      SHENZHEN, 518000
      China
      Email Address: XXXX

Proposed: SHENZHEN BOKAIZE KEJI LIMITED COMPANY, limited company (ltd.) legally organized under the laws of China, having an address of
      C206, ANJUN CANGCHU BUILDING, NO. 29
      JINHUA RD., FUBAO COMMUNITY, FUBAO ST.
      SHENZHEN, 518000
      China
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
(1)The specimens are applicant's online store selling Cigar Lighter, Cigar humidifiers and Ashtrays. (2)No, the specimen was not created for submission with this application. They are actual products sold to US. The goods are sold in Applicant's online store. The URL and a digital copy of relevant webpage are attached. (3)The goods are sold in Applicant's online store. The URL:http://addtcart.com/products/byra-jet-torch-cigar-lighter-blue-flame-cigarette-lighter-with-flame-adjustable-dial-butane-refillable-fuel-not-included http://addtcart.com/products/byra-desktop-cigar-humidor-box-cedar-lined-holds-to-20-to-30-cigars-box-with-cedar-divider-humidifier-hygrometer http://addtcart.com/products/byra-ashtray-outdoor-ash-tray-for-patio-with-lid-windproof-ashtrays-for-cigarettes-handmade-ceramic-ashtray-for-home-office-indoor-decoration (5)The time of the goods bearing the mark first available for purchase was on May 10, 2020. (6)The prices are $14.99, $32.89 and $10.99. Other sales records are attached.

JPG file(s):Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5Miscellaneous File6Miscellaneous File7Miscellaneous File8Miscellaneous File9
Original PDF file:
mis-15417332-202101242055 37411247_._BYRA_Jet_Torch _Cigar_Lighter.pdf
Converted PDF file(s) ( 4 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4
Original PDF file:
mis-15417332-202101242055 37411247_._BYRA_Desktop_C igar_Humidor_Box.pdf
Converted PDF file(s) ( 3 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3
Original PDF file:
mis-15417332-202101242055 37411247_._BYRA_Ashtray__ Outdoor_Ash_tray.pdf
Converted PDF file(s) ( 4 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4

The owner's/holder's current attorney information: Tony C. Hom. Tony C. Hom of LAW OFFICE OF TONY HOM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      81 70TH ST
      81 70 ST
      BROOKLYN, New York 11209
      United States
      The phone number is 917-588-0481.
      The email address is tonyhom3@outlook.com

The owner's/holder's proposed attorney information: Tony C. Hom. Tony C. Hom of Patriot Patents - Angel, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      64 Bank St.
      Abington, Massachusetts 02351
      United States
      The phone number is 9175880481.
      The email address is tonyhom3@outlook.com

Tony C. Hom 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):
      TONY C. HOM
      PRIMARY EMAIL FOR CORRESPONDENCE: tonyhom3@outlook.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tonyhom3@outlook.com
Correspondence Information (proposed):
      Tony C. Hom
      PRIMARY EMAIL FOR CORRESPONDENCE: tonyhom3@outlook.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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)
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: /Tony Hom/      Date: 01/25/2021
Signatory's Name: Tony C. Hom
Signatory's Position: Attorney of Record, Member of New York bar
Signatory's Phone Number: 9175880481

Signature method: Signed directly within the form

Response Signature
Signature: /Tony Hom/     Date: 01/25/2021
Signatory's Name: Tony C. Hom
Signatory's Position: Attorney of Record, Member of New York bar

Signatory's Phone Number: 9175880481 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:    TONY C. HOM
   LAW OFFICE OF TONY HOM
   81 70TH ST
   81 70 ST
   BROOKLYN, New York 11209
Mailing Address:    Tony C. Hom
   Patriot Patents - Angel
   64 Bank St.
   Abington, Massachusetts 02351
        
Serial Number: 88913095
Internet Transmission Date: Mon Jan 25 18:09:47 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20210125180947
270808-88913095-7603f41e3e5970a867e7f0aa
409ac16c9143eaa44e4f5ea94be32ed1b3504a7d
f2-N/A-N/A-20210125180759990783