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. 90046018 VOGUE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9004601 8/large) has been amended as follows:

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

Please see attached Response to Office Action.

EVIDENCE

Original PDF file:
evi_453612992-20210423135 827739430_._OAR_-_VOGUE.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 Cigarettes; tobacco, raw and manufactured; roll your own tobacco; pipe tobacco; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes not for medical purposes; cigars; cigarillos; cigarette lighters; cigar lighters; matches; smokers' articles, namely, filter tubes, cigar relighting liquid solution, cigarette lighters not of precious metal, matches, ashtrays not of precious metal, pipes, cigarette holders, humidors, cigar cutters, tobacco pouches, pocket machines for rolling cigarettes; cigarette paper; cigarette tubes; cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; electronic cigarettes; liquids for e-cigarettes, namely, liquid nicotine solutions for use in electronic cigarettes; tobacco products for the purpose of being heated, namely, sticks of tobacco and sticks of tobacco substitutes that are designed to be heated but not burned
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: Cigarettes; tobacco, raw and manufactured; roll your own tobacco; pipe tobacco; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes not for medical purposes; cigars; cigarillos; cigarette lighters; cigar lighters; matches; smokers' articles, namely, filter tubes, cigar relighting liquid solution, cigarette lighters not of precious metal, matches, ashtrays not of precious metal, pipes, cigarette holders, humidors, cigar cutters, tobacco pouches, pocket machines for rolling cigarettes; smokers' articles, namely, filter tubes, cigar relighting liquid solution, cigarette lighters not of precious metal, matches, ashtrays not of precious metal, tobacco pipes, cigarette holders, humidors, cigar cutters, tobacco pouches, pocket machines for rolling cigarettes; cigarette paper; cigarette tubes; cigarette filters; pocket apparatus for rolling cigarettes; hand held machines for injecting tobacco into paper tubes; hand-held machines for injecting tobacco into paper cigarette tubes; electronic cigarettes; liquids for e-cigarettes, namely, liquid nicotine solutions for use in electronic cigarettes; tobacco products for the purpose of being heated, namely, sticks of tobacco and sticks of tobacco substitutes that are designed to be heated but not burned; tobacco products for the purpose of being heated, namely, sticks of tobacco and sticks of tobacco substitutes that are designed to be heated but not burned for the purpose of inhalationClass 034 for Cigarettes; tobacco, raw and manufactured; roll your own tobacco; pipe tobacco; tobacco products, namely, smoking tobacco, cut tobacco, leaf tobacco, chewing tobacco, snuff tobacco, snus tobacco, pipe tobacco, and hand rolling tobacco; tobacco substitutes not for medical purposes; cigars; cigarillos; cigarette lighters; cigar lighters; matches; smokers' articles, namely, filter tubes, cigar relighting liquid solution, cigarette lighters not of precious metal, matches, ashtrays not of precious metal, tobacco pipes, cigarette holders, humidors, cigar cutters, tobacco pouches, pocket machines for rolling cigarettes; cigarette paper; cigarette tubes; cigarette filters; pocket apparatus for rolling cigarettes; hand-held machines for injecting tobacco into paper cigarette tubes; electronic cigarettes; liquids for e-cigarettes, namely, liquid nicotine solutions for use in electronic cigarettes; tobacco products for the purpose of being heated, namely, sticks of tobacco and sticks of tobacco substitutes that are designed to be heated but not burned for the purpose of inhalation
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
Description of mark
The mark consists of a gray rectangular background. In the gray rectangular background is a light blue rectangle that contains the black stylized wording "VOGUE" and a green circle to the right of the word "VOGUE".
Correspondence Information (current):
      WILLIAM M. BRYNER
      PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wstrademarks@kilpatricktownsend.com

The docket/reference number is 1202105.
Correspondence Information (proposed):
      William M. Bryner
      PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wstrademarks@kilpatricktownsend.com

The docket/reference number is 1202105.

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: /Tiffani D. Otey/     Date: 04/23/2021
Signatory's Name: Tiffani D. Otey
Signatory's Position: Associate of Attorney of Record, NC Bar Member

Signatory's Phone Number: 336-607-7300 Signature method: Sent to third party for signature

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:    WILLIAM M. BRYNER
   KILPATRICK TOWNSEND & STOCKTON LLP
   
   1001 W. FOURTH STREET
   WINSTON-SALEM, North Carolina 27101
Mailing Address:    William M. Bryner
   KILPATRICK TOWNSEND & STOCKTON LLP
   1001 W. FOURTH STREET
   WINSTON-SALEM, North Carolina 27101
        
Serial Number: 90046018
Internet Transmission Date: Fri Apr 23 14:28:02 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20210423142802529
512-90046018-770e670e05a8ee599565d69dd2c
bd9463cd3ae09a54dd17456bb89010c81c5bf754
-N/A-N/A-20210423135827739430