| Serial Number | 86135066 |
| Word Mark | AVAIL |
| Filing Date | Wednesday, December 4, 2013 |
| Status | 705 - PARTIAL SECTION 8 & 15 ACCEPTED AND ACKNOWLEDGED |
| Status Date | Wednesday, August 18, 2021 |
| Registration Number | 4740031 |
| Registration Date | Tuesday, May 19, 2015 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 14, 2014 |
| Goods and Services | Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; chemical flavorings in liquid form used to refill electronic cigarette cartridges; electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form used to refill electronic cigarette cartridges; electronic cigarettes kits comprising primarily chemical flavorings in liquid form used to refill electronic cigarette cartridges, cartridges sold filled with propylene glycol for electronic cigarettes, batteries, and battery chargers |
| Goods and Services | Entertainment services, namely, tastings of electronic cigarettes at retail outlets where users plug in their own mouthpiece or one provided by the company to sample different rechargeable e-cigs having different flavors of vapor |
| Goods and Services | [ Manufacture of electronic cigarette e-liquid to order and/or specification of others ] |
| Description of Mark | The mark consists of the stylized wording "AVAIL" where the second letter "A" and the letter "I" are attached at the bottom and where there is a triangle at the top of the letter "I". |
| Goods and Services | [ Cases specially adapted for carrying electronic devices for charging electronic cigarettes and electronic cigarette batteries, all for use by cigarette and tobacco smokers; cases for battery chargers for electronic cigarettes; electronic cigarette batteries; electric cigarette batteries; electric cigarette wall chargers; electronic cigar batteries; electronic cigarette battery chargers; electric cigarette USB chargers; electronic cigarette charging cords; electric cigarette pass-through USB chargers; electric cigarette adapters allowing USB chargers to plug into a standard wall outlet; electronic cigar battery chargers; electronic devices and appliances for charging and carrying electronic cigarettes and electronic cigarette batteries, all for cigarette and tobacco smokers, namely, charger cases, USB chargers, wall plug adaptors and car chargers; portable charging cases specially adapted for use with electronic cigarettes, namely, battery chargers for electronic cigarettes sold with cases; electronic cigarette kits comprising electronic cigarette batteries, portable charging cases specially adapted for use with electronic cigarettes, wall charging adapters, USB cables for charging the portable charging cases, USB battery chargers for charging electronic cigarette batteries, atomizers sold as a component of electronic cigarettes and electronic smoking devices, refill cartridges sold filled with propylene glycol for electronic cigarettes, and electronic cigarette refill liquid, namely, propylene glycol for electronic cigarettes; electronic cigarette kits comprising electronic cigarette batteries, tanks for electronic cigarettes in the nature of an e-liquid container built into or separate from an electronic cigarette sold empty or filled with e-liquid, USB charging cord, and replacement coils; electronic cigarette kits comprising electronic cigarette batteries, USB charging cable and tanks for electronic cigarettes in the nature of an e-liquid container built into or separate from an electronic cigarette sold empty or filled with e-liquid; electronic cigarettes kits comprising batteries, battery chargers, cartridges sold filled with propylene glycol for electronic cigarettes, and chemical flavorings in liquid form used to refill electronic cigarette cartridges ] |
| Goods and Services | [ Bottling services featuring electronic cigarette e-liquid ] |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Retail store services featuring smoking and vaping simulators and accessories, namely, atomizers, battery mod systems, batteries, cartridges, cartridges sold filled with propylene glycol and vegetable glycerin for electronic cigarettes, cartomizers, chemical flavorings in liquid form used to refill electronic cigarette cartridges, drip tips, electronic cigarettes, electronic cigarette parts and accessories, electronic cigarette holders or lanyards, electronic cigarette tanks, personal vaporizers, and electronic smoking pipes, electronic nicotine inhalators, electronic smoking devices and parts, electronic pens, electronic cigarette liquids, e-liquids, e-juice, smoke juice, electronic cigars, electronic cigarette tanks, electronic pipes, electronic cigarette cartridges, electronic cigarette rechargeable batteries, electronic cigarette disposables, electronic cigarette car chargers, electronic cigarette USB chargers, electronic cigarette wall chargers, electronic cigarette cartomizers, electronic cigarette mod systems, electronic pipes, electronic vaporizers, electronic hookahs, mods, tanks, USB and wall chargers, vaporizers, electronic cigarette starter kits, electronic cigarette kits comprising e-liquids, e-cigarette mods, atomizers, cartomizers, passthroughs, drip tips and cartridges; online retail store services featuring smoking and vaping simulators and accessories, namely, atomizers, battery mod systems, batteries, cartridges, cartridges sold filled with propylene glycol and vegetable glycerin for electronic cigarettes, cartomizers, chemical flavorings in liquid form used to refill electronic cigarette cartridges, clothing, drip tips, electronic cigarettes, electronic cigarette parts and accessories, electronic cigarette holders or lanyards, electronic cigarette tanks, personal vaporizers, and electronic smoking pipes, electronic nicotine inhalators, electronic smoking devices and parts, electronic pens, electronic cigarette liquids, e-liquids, ejuice, smoke juice, electronic cigars, electronic cigarette tanks, electronic pipes, electronic cigarette cartridges, electronic cigarette rechargeable batteries, electronic cigarette disposables, electronic cigarette car chargers, electronic cigarette USB chargers, electronic cigarette wall chargers, electronic cigarette cartomizers, electronic cigarette mod systems, electronic pipes, electronic vaporizers, electronic hookahs, mods, tanks, USB and wall chargers, vaporizers, electronic cigarette starter kits, electronic cigarette kits comprising e-liquids, e-cigarette mods, atomizers, cartomizers, passthroughs, drip tips and cartridges; retail store services featuring clothing; online retail store services featuring clothing; retail outlets featuring rechargeable ecigarettes; wholesale distributorships featuring electronic cigarette e-liquid; retail store services featuring e-liquid for filling cartridges, cartomizers, and e-liquid sold in bulk |
| Goods and Services | Adjustable voltage electronic cigarettes; atomizers and cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes and electronic smoking devices; automatic electric cigarettes; cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; cases specially adapted for electrical and electronic cigarettes, cigars, and smoking pipes; disposable electronic cigars; disposable electronic cigarettes; electronic cigarette cases; electronic cigar cases; electronic cigarette holders and lanyards; electric cigarettes; electric cigars; electronic cigarettes; electronic cigarettes for use as an alternative to traditional cigarettes; electronic cigarette refill cartridges sold empty; electronic cigarette lighters; electric cigarette drip tips sold as a component of electronic cigarettes; electric cigarette mouthpieces sold as a component of electronic cigarettes; electric cigarette tinctures sold as a component of electronic cigarettes; electric cigarette herbal preparations for smoking, not for medical use; electronic cigarette drip bottle; electronic cigars; electronic smoking pipes; electronic hookahs; electronic nicotine inhalator; electric cigarette components, namely, clearomizers, drip shield, drip tips, filter tips, and heating coils sold as a component of electronic cigarettes, cigarette mods in the nature of electronic cigarettes featuring larger removable batteries or advanced features, refill tanks, and wicks; portable rechargeable electric vaporizers; rechargeable electronic cigarettes; rechargeable electronic cigars; smokeless cigar vaporizer pipes; smokeless cigarette vaporizer pipe; smokeless vaporizer pipes; component parts for electronic cigarettes, namely, atomizers, cartomizers, cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes, drip tips and electronic cigarette refill cartridges sold empty, and cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes all sold as a unit; empty refill cartridges being component parts of electronic cigarettes; electronic cigarette kits comprised of electronic cigarettes and carrying cases; electronic cigarette starterkits comprising electronic cigarettes, refill cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes, heating elements with cartomizers and plastic drip tips, refill electronic cigarette liquid comprised of vegetable glycerin, electronic cigarette batteries, wall charging adapters, and USB cables |
| Goods and Services | Cartridges sold filled with vegetable glycerin for electronic cigarettes; cartridges sold filled with propylene glycol for electronic cigarettes; cartridges, refill cartridges, nicotine cartridges, all sold filled with propylene glycol and/or vegetable glycerine for electronic cigarettes and electronic smoking devices; electronic cigarettes kits comprising primarily cartridges sold filled with propylene glycol for electronic cigarettes, chemical flavorings in liquid form used to refill electronic cigarette cartridges, batteries, and battery chargers |
| Goods and Services | Portable rechargable electric vaporizers and vaporizer parts, namely, diffusing unit, heating element, plastic base; electric vaporizers; electronic vaporizers; electrically powered handheld vaporizers for vaporizing vaporizable constituents of herbal and plant matter for creating an aroma; electronic herbal vaporizers; electric and battery operated aromatherapy units; apparatus for heating and vapor generating, namely, electric vaporizers |
| International Class | 034 - Tobacco; smokers' articles; matches. |
| US Class Codes | 002, 008, 009, 017 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, December 16, 2013 |
| Primary Code | 034 |
| First Use Anywhere Date | Monday, September 9, 2013 |
| First Use In Commerce Date | Thursday, October 30, 2014 |
| International Class | 040 - Treatment of materials. |
| US Class Codes | 100, 103, 106 |
| Class Status Code | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Wednesday, August 18, 2021 |
| Primary Code | 040 |
| First Use Anywhere Date | Wednesday, November 30, 2011 |
| First Use In Commerce Date | Wednesday, November 30, 2011 |
| International Class | 001 - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. |
| US Class Codes | 001, 005, 006, 010, 026, 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, December 16, 2013 |
| Primary Code | 001 |
| First Use Anywhere Date | Sunday, March 10, 2013 |
| First Use In Commerce Date | Sunday, March 10, 2013 |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Wednesday, August 18, 2021 |
| Primary Code | 009 |
| First Use Anywhere Date | Monday, September 9, 2013 |
| First Use In Commerce Date | Thursday, October 30, 2014 |
| International Class | 011 - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes. |
| US Class Codes | 013, 021, 023, 031, 034 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, December 16, 2013 |
| Primary Code | 011 |
| First Use Anywhere Date | Sunday, March 10, 2013 |
| First Use In Commerce Date | Sunday, March 10, 2013 |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, December 16, 2013 |
| Primary Code | 030 |
| First Use Anywhere Date | Sunday, March 10, 2013 |
| First Use In Commerce Date | Sunday, March 10, 2013 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, December 16, 2013 |
| Primary Code | 035 |
| First Use Anywhere Date | Thursday, August 1, 2013 |
| First Use In Commerce Date | Thursday, August 1, 2013 |
| International Class | 039 - Transport; packaging and storage of goods; travel arrangement. |
| US Class Codes | 100, 105 |
| Class Status Code | B - Sec. 8 - Class(es) in a Multiple Class registration |
| Class Status Date | Wednesday, August 18, 2021 |
| Primary Code | 039 |
| First Use Anywhere Date | Wednesday, November 30, 2011 |
| First Use In Commerce Date | Wednesday, November 30, 2011 |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, July 29, 2014 |
| Primary Code | 041 |
| First Use Anywhere Date | Sunday, June 30, 2013 |
| First Use In Commerce Date | Sunday, June 30, 2013 |
| Party Name | Avail Vapor, LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Chesterfield, VA 23236 |
| Party Name | Avail Vapor, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Chesterfield, VA 23236 |
| Party Name | Avail Vapor, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Richmond, VA 23221 |
| Event Date | Event Description |
| Saturday, December 7, 2013 | NEW APPLICATION ENTERED |
| Monday, December 16, 2013 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Sunday, March 16, 2014 | ASSIGNED TO EXAMINER |
| Tuesday, July 15, 2014 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, December 17, 2013 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, March 24, 2014 | NON-FINAL ACTION WRITTEN |
| Monday, March 24, 2014 | NON-FINAL ACTION E-MAILED |
| Monday, March 24, 2014 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, October 14, 2014 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, March 3, 2015 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, July 22, 2014 | ASSIGNED TO LIE |
| Tuesday, July 29, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, July 29, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, September 6, 2014 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, September 9, 2014 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, September 24, 2014 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, October 14, 2014 | PUBLISHED FOR OPPOSITION |
| Tuesday, December 9, 2014 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, April 7, 2015 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Tuesday, May 19, 2015 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, May 19, 2020 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Friday, November 6, 2020 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, March 3, 2015 | USE AMENDMENT FILED |
| Friday, April 10, 2015 | STATEMENT OF USE PROCESSING COMPLETE |
| Wednesday, April 15, 2015 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Thursday, April 16, 2015 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Friday, November 6, 2020 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, November 6, 2020 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, November 6, 2020 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, November 6, 2020 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Friday, April 23, 2021 | TEAS SECTION 8 & 15 RECEIVED |
| Wednesday, August 18, 2021 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Wednesday, August 18, 2021 | REGISTERED - PARTIAL SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. |
| Wednesday, August 18, 2021 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED |
| Sunday, May 19, 2024 | COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED |