TEAS Plus New Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 97777855

Filing Date: 02/02/2023

To the Commissioner for Trademarks:

MARK: SMOKE FREE (Standard Characters, see mark)
The literal element of the mark consists of SMOKE FREE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Smoke Free USA, LLC, a limited liability company legally organized under the laws of Nevada, having an address of
      4705 S Durango Dr., Suite 100-141
      Las Vegas, Nevada 89147
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 034:  Tobacco substitute

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 034, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/03/2000, and first used in commerce at least as early as 09/03/2000, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) images from applicant's Amazon page and from applicant's website showing the mark used in connection with the goods available for purchase via the add to cart feature.

Original PDF file:
SPE0-2322816629-202302011 90433608609_._SMOKE_FREE_ Amazon_spec.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPE0-2322816629-202302011 90433608609_._SMOKE_FREE_ Amazon_spec_zoomed.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-2322816629-202302011 90433608609_._SMOKE_FREE_ website_spec.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: http://www.amazon.com/dp/B08FHC4TRV?ref=myi_title_dp
Webpage Date of Access: 02/01/2023
Webpage URL: http://www.nicotinefreecigarettes.com/
Webpage Date of Access: 02/01/2023


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Lauren L. Byrne. Other appointed attorneys are Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Joan O. Herman, Kameron D. Kelly, Gregory J. Skoch, Cheryl L. Burbach, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Dianne M. Smith-Misemer, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, C. Blair Barbieri, Chandler E. Schmidt, Darin McCollum, and Denise Dantzler. Lauren L. Byrne of HOVEY WILLIAMS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      10801 Mastin Blvd., Suite 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      913-647-9057(fax)
      tmdocketing.burbach@hoveywilliams.com
The docket/reference number is 58429/9313.
Lauren L. Byrne 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.

The applicant's current Correspondence Information:

Lauren L. Byrne

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing.burbach@hoveywilliams.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lbyrne@hoveywilliams.com; jmashburn@hoveywilliams.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $250 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service 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 on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; 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 on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Lawrence Johnson/   Date: 02/02/2023
Signatory's Name: /Lawrence Johnson/
Signatory's Position: Member
Signatory's Phone Number: 3136552268
Signature method: Sent to third party for signature
Payment Sale Number: 97777855
Payment Accounting Date: 02/02/2023

Serial Number: 97777855
Internet Transmission Date: Thu Feb 02 12:15:45 ET 2023
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2023020212154639
0200-97777855-860687818f05822172ca269ba2
c897713d8443af97eaedf76fc33cbac86569c0a5
-DA-15460767-20230201190433608609