Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011) OMB No. 0651-0050 (Exp 09/20/2020) Request for Reconsideration after Final Action

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 86969797 LAW OFFICE ASSIGNED LAW OFFICE 108 MARK SECTION MARK https://tmng-al.uspto.gov/resting2/api/img/86969797/large LITERAL ELEMENT RESERVE STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES The mark consists of standard characters, without claim to any particular font MARK STATEMENT style, size or color. ARGUMENT(S) Please see evidence section for attached arguments. EVIDENCE SECTION

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\\TICRS\EXPORT17\IMAGEOUT17\869\697\86969797\xml17\RFR0208.JPG DESCRIPTION OF EVIDENCE FILE Iarguments and citations in support of registration of Applicant's mark ATTORNEY SECTION (current) NAME Todd P. Blakely

ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED

YEAR OF ADMISSION NOT SPECIFIED

U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED

FIRM NAME SHERIDAN ROSS P.C. STREET 1560 BROADWAY, SUITE 1200 CITY DENVER STATE Colorado POSTAL CODE 80202 COUNTRY US PHONE 303-863-9700 FAX 303-863-0223 EMAIL [email protected] AUTHORIZED TO COMMUNICATE VIA EMAIL Yes DOCKET/REFERENCE NUMBER 7688-104 ATTORNEY SECTION (proposed) NAME Todd P. Blakely ATTORNEY BAR MEMBERSHIP NUMBER 19107 YEAR OF ADMISSION 1989 U.S. STATE/ COMMONWEALTH/ TERRITORY Colorado FIRM NAME SHERIDAN ROSS P.C. STREET 1560 BROADWAY, SUITE 1200 CITY DENVER STATE Colorado POSTAL CODE 80202 COUNTRY United States PHONE 303-863-9700 FAX 303-863-0223 EMAIL [email protected] AUTHORIZED TO COMMUNICATE VIA EMAIL Yes DOCKET/REFERENCE NUMBER 7688-104 Sabrina C. Stavish, Miriam D. Trudell, Sarah J. Schneider, Pamela N. OTHER APPOINTED ATTORNEY Hirschman, Caroline E. Bryce, Jeanette E. Sinclare, Autumn R. Hartman, Susan K. Miller and all other attorneys of Sheridan Ross P.C. CORRESPONDENCE SECTION (current) NAME TODD P. BLAKELY FIRM NAME SHERIDAN ROSS P.C. STREET 1560 BROADWAY, SUITE 1200 CITY DENVER

STATE STATE Colorado POSTAL CODE 80202 COUNTRY US PHONE 303-863-9700 FAX 303-863-0223 EMAIL [email protected]; [email protected] AUTHORIZED TO COMMUNICATE VIA EMAIL Yes DOCKET/REFERENCE NUMBER 7688-104 CORRESPONDENCE SECTION (proposed) NAME Todd P. Blakely FIRM NAME SHERIDAN ROSS P.C. STREET 1560 BROADWAY, SUITE 1200 CITY DENVER STATE Colorado POSTAL CODE 80202 COUNTRY United States PHONE 303-863-9700 FAX 303-863-0223 EMAIL [email protected]; [email protected] AUTHORIZED TO COMMUNICATE VIA EMAIL Yes DOCKET/REFERENCE NUMBER 7688-104 SIGNATURE SECTION RESPONSE SIGNATURE /Pamela N. Hirschman/ SIGNATORY'S NAME Pamela N. Hirschman SIGNATORY'S POSITION Attorney of Record, Colorado bar member DATE SIGNED 01/08/2020 AUTHORIZED SIGNATORY YES CONCURRENT APPEAL NOTICE FILED NO FILING INFORMATION SECTION SUBMIT DATE Wed Jan 08 19:44:31 EST 2020 USPTO/RFR-XX.XXX.XXX.XX-2 0200108194431473093-86969 797-700dc4bd9cdbbc252e22e TEAS STAMP 4f2282a7a71fbfc77fbf345a1 d6a4e2d80405cfc5be9-N/A-N /A-20200108161035112456

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011) OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action To the Commissioner for Trademarks:

Application serial no. 86969797 RESERVE(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/86969797/large) has been amended as follows:

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

Please see evidence section for attached arguments.

EVIDENCE Evidence in the nature of arguments and citations in support of registration of Applicant's mark has been attached. Original PDF file: evi_5023923450-20200108151502686454_._2020.01.08_Request_for _Recondiseration__jes_.pdf Converted PDF file(s) ( 24 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7 Evidence-8 Evidence-9 Evidence-10 Evidence-11 Evidence-12 Evidence-13 Evidence-14 Evidence-15 Evidence-16 Evidence-17 Evidence-18 Evidence-19 Evidence-20 Evidence-21 Evidence-22 Evidence-23 Evidence-24 Original PDF file: evi_5023923450-20200108151502686454_._2020.01.02_Exhibit_1_t o_Req_for_Recon_.pdf Converted PDF file(s) ( 9 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7 Evidence-8 Evidence-9 Original PDF file: evi_5023923450-20200108151502686454_._Exhibit_2_-_Req_for_Re con.pdf Converted PDF file(s) ( 82 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7 Evidence-8 Evidence-9 Evidence-10 Evidence-11 Evidence-12 Evidence-13 Evidence-14 Evidence-15 Evidence-16 Evidence-17 Evidence-18 Evidence-19 Evidence-20 Evidence-21 Evidence-22 Evidence-23 Evidence-24 Evidence-25 Evidence-26 Evidence-27 Evidence-28 Evidence-29 Evidence-30 Evidence-31 Evidence-32 Evidence-33 Evidence-34 Evidence-35 Evidence-36 Evidence-37 Evidence-38 Evidence-39 Evidence-40 Evidence-41 Evidence-42 Evidence-43 Evidence-44 Evidence-45 Evidence-46 Evidence-47 Evidence-48 Evidence-49 Evidence-50 Evidence-51 Evidence-52 Evidence-53 Evidence-54 Evidence-55 Evidence-56 Evidence-57 Evidence-58 Evidence-59 Evidence-60 Evidence-61 Evidence-62 Evidence-63 Evidence-64 Evidence-65 Evidence-66 Evidence-67 Evidence-68 Evidence-69 Evidence-70 Evidence-71 Evidence-72 Evidence-73 Evidence-74 Evidence-75 Evidence-76 Evidence-77 Evidence-78 Evidence-79 Evidence-80 Evidence-81 Evidence-82 Original PDF file: evi_5023923450-20200108151502686454_._Exhibit_3_-_Req_for_Re con.pdf Converted PDF file(s) ( 92 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7 Evidence-8 Evidence-9 Evidence-10 Evidence-11 Evidence-12 Evidence-13 Evidence-14 Evidence-15 Evidence-16 Evidence-17 Evidence-18 Evidence-19 Evidence-20 Evidence-21 Evidence-22 Evidence-23 Evidence-24 Evidence-25 Evidence-26 Evidence-27 Evidence-28 Evidence-29 Evidence-30 Evidence-31 Evidence-32 Evidence-33 Evidence-34 Evidence-35 Evidence-36 Evidence-37 Evidence-38 Evidence-39 Evidence-40 Evidence-41 Evidence-42 Evidence-43 Evidence-44 Evidence-45 Evidence-46 Evidence-47 Evidence-48 Evidence-49 Evidence-50 Evidence-51 Evidence-52 Evidence-53 Evidence-54 Evidence-55 Evidence-56 Evidence-57 Evidence-58 Evidence-59 Evidence-60 Evidence-61 Evidence-62 Evidence-63 Evidence-64 Evidence-65 Evidence-66 Evidence-67 Evidence-68 Evidence-69 Evidence-70 Evidence-71 Evidence-72 Evidence-73 Evidence-74 Evidence-75 Evidence-76 Evidence-77 Evidence-78 Evidence-79 Evidence-80 Evidence-81 Evidence-82 Evidence-83 Evidence-84 Evidence-85 Evidence-86 Evidence-87 Evidence-88 Evidence-89 Evidence-90 Evidence-91 Evidence-92

The applicant's current attorney information: Todd P. Blakely. Todd P. Blakely of SHERIDAN ROSS P.C., is located at

1560 BROADWAY, SUITE 1200 DENVER, Colorado 80202 US The docket/reference number is 7688-104.

The phone number is 303-863-9700.

The fax number is 303-863-0223.

The email address is [email protected]

The applicants proposed attorney information: Todd P. Blakely. Other appointed attorneys are Sabrina C. Stavish, Miriam D. Trudell, Sarah J. Schneider, Pamela N. Hirschman, Caroline E. Bryce, Jeanette E. Sinclare, Autumn R. Hartman, Susan K. Miller and all other attorneys of Sheridan Ross P.C.. Todd P. Blakely of SHERIDAN ROSS P.C., is a member of the Colorado bar, admitted to the bar in 1989, bar membership no. 19107, and the attorney(s) is located at 1560 BROADWAY, SUITE 1200 DENVER, Colorado 80202 United States The docket/reference number is 7688-104.

The phone number is 303-863-9700.

The fax number is 303-863-0223.

The email address is [email protected]

Todd P. Blakely 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: TODD P. BLAKELY. TODD P. BLAKELY of SHERIDAN ROSS P.C., is located at

1560 BROADWAY, SUITE 1200 DENVER, Colorado 80202 US The docket/reference number is 7688-104.

The phone number is 303-863-9700.

The fax number is 303-863-0223.

The email address is [email protected]; [email protected]

The applicants proposed correspondence information: Todd P. Blakely. Todd P. Blakely of SHERIDAN ROSS P.C., is located at

1560 BROADWAY, SUITE 1200 DENVER, Colorado 80202 United States The docket/reference number is 7688-104.

The phone number is 303-863-9700.

The fax number is 303-863-0223.

The email address is [email protected]; [email protected]

SIGNATURE(S) Request for Reconsideration Signature Signature: /Pamela N. Hirschman/ Date: 01/08/2020 Signatory's Name: Pamela N. Hirschman Signatory's Position: Attorney of Record, Colorado bar member

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address: TODD P. BLAKELY SHERIDAN ROSS P.C.

1560 BROADWAY, SUITE 1200 DENVER, Colorado 80202 Mailing Address: Todd P. Blakely SHERIDAN ROSS P.C. 1560 BROADWAY, SUITE 1200 DENVER, Colorado 80202

Serial Number: 86969797 Internet Transmission Date: Wed Jan 08 19:44:31 EST 2020 TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2020010819443147 3093-86969797-700dc4bd9cdbbc252e22e4f228 2a7a71fbfc77fbf345a1d6a4e2d80405cfc5be9- N/A-N/A-20200108161035112456

In the Final Office Action having a mailing date of July 9, 2019, t he Examining Attorney continued and made final the rejection to register the mark " RESERVE" on the basis that the Examining Attorney believes the mark is not in lawful use in commerce under Sections 1 and 45 of the Act because the Examining Attorney believes that the empty electronic cigarette and vaporizer pen refill cartridge goods identified in Classes 10 and 34 of the application are drug paraphernalia that are primarily intended to be used with cannabis, t he distribut ion of which violates the Controlled Substances Act (CSA). Applicant respectfully disagrees with the Examining Attorney and requests reconsideration and withdrawal of the refusal. Applicant submits the following arguments to support registrat ion of the mark.

Refusal on the Basis of Unlawful Use in Commerce

The Examining Attorney maintains the refusal of the mark on the basis the mark is not in lawful use in co mmerce because the Examining Attorney believes Applicant's empty electronic cigarette and vaporizer refill cartridges are "drug paraphernalia" within the meaning of the Controlled Substances Act ("CSA") and therefore use of the mark on such goods violates the CSA. Specifically, the Examining Attorney dismisses Applicant's contention that use of the mark is lawful use in commerce because the electronic cigarette and vaporizer pen refill cartridges fall under both exceptions to the CSA set out in 21 U.S.C. §863(f), which contains exemptions from the prohibition on the sale of "drug paraphernalia." Applicant responds herein by providing additional evidence to su pport its arguments t hat Applicant's goods are legal goods in trade.

The Distribution of Applicant's Goods is Not Prohibited by the CSA

The Examining Attorney maintains that Applicant's electronic cigarette and vaporizer pen refill cartridges are "drug paraphernalia" within the meaning of the CSA because the Examining Attorney believes the primary intended use of the goods is for use with cannabis oils. In response, Applicant submits further evidence to show that Applicant's electronic cigarette and vaporizer pen refill cartridges may be used with hemp-derived oils containing less than 0.3% THC. See Exhibit 1 attached hereto for website screen shots showing use of the electronic cigarette and vaporizer pen refill cartridges by third parties with CBD oil containing less than 0.3% THC. The Agriculture Improvement Act of 2018 confirmed that the distribution of hemp-derived CBD oil containing less than 0.3% THC is not prohibited by t he CSA. Therefore, as an intended use of Applicant's empty electronic cigarette and vaporizer pen refill cartridges is to fill the cartridges w ith hemp-derived CBD oil, Applicant' s empty electronic cigarette and vaporizer pen refill cartridges are not prohibited drug paraphernalia under to t he CSA.

Applicant's Goods Are Not Illegal Drug Paraphernalia Under the CSA Because the Colorado State Constitution Authorize Applicant to Sell, Manufacture and Distribute its Goods {21 U.S.C. §863(f)(1)]

The CSA provides in 21 U.S.C. §863(f)(l) that the general prohibition against the sa le of drug paraphernalia does not apply to any person authorized by local, state or federal law to manufacture, possess or distribute such items. In this case, Colorado law permits the manufacture and sa le of items that may be deemed " marijuana accessories" or " any equipment, products ... which are used, int ended for use, or designed for use in . . . repackaging, storing, vaporizing, or containing marijuana, o r for ingesting, inhaling, or otherwise introducing marijuana into the human body . . ." Co lo. Co nst. art. XVIII, §16(2)(g). Accordingly, even if third parties fill Applicant's empty electronic cigarette and vaporizer pen refill cartridges with marijuana oil, the manufacture and sale of products which are used for containing marijuana is permitted under Colorado law and the exemption of 21 U.S.C. §863(f)(1) would apply to Applicant's sa le and distribution of its goods. Thus, the sa le and distribution of empty electronic cigarette and vaporizer refill cartridges and are not prohibited by the CSA.

The Examining Attorney contends that though Co lorado law permits the sa le of " marijuana accessories," it cannot permit the interstate sa le of such goods and, therefore, Applicant's goods are not exempt from the definition of drug paraphernalia under §863(f)(1). The Examining Attorney interprets §863(f)(1) as requiring the relevant state or local law to expressly authorize the distribution of goods across state lines. However, the plain language of §863(f)(1) does not require the relevant local, state or federal law to authorize the distribution of goods across state fines . The language of §863(f)(1) states that the prohibitions on the sa le of drug paraphernalia do not apply to " any person authorized by loca l, State, or Federal la w to manufacture, possess, or distribute such items." There is nothing in this section that specifies the "local, state or federal law" must authorize the distribution of "such items" across state lines. As a state or loca l law cannot control what happens outside of that relevant region, interpreting §863(f)(1) to require a state or local law to authorize interstate distribution would render the statute ineffective. A common tool of statutory interpretation is the "presumption against ineffectiveness." When interpreting a statute, a permissible interpretation is favored over one that would obstruct the purpose of the law. Therefore, it is not reasonable to require Co lorado law to authorize the distribution of certain goods across state lines. As t he Examining Attorney believes Applicant's goods are drug paraphernalia because they may be used with cannabis oil and Colorado law permits the sa le of " marijuana accessories," the distribution of Applicant's empty electronic cigarette and vaporizer pen refill cartridges are not prohibited under the CSA pursuant to the exemption of §863(f)(1) .

Applicant's Goods Are Not lf/ega/ Because Applicant 's Goods Are of the Type Traditionally Intended for Use with Tobacco Products [21 U.S.C. §863{f}(2)]

The Examining Attorney maintains that §863(f)(2), which exempts "any item, that in the lawful course of business, is imported, exported, transported or sold by the mail or other means, and traditionally intended for use with tobacco products including any pipe, paper or accessory," from the definition of drug paraphernalia does not apply to Applicant's empty electronic cigarette and va porizer pen refill cartridges. Applicant respectfully disagrees and submits that, if Applicant's empty electronic cigarette and vaporizer pen refill cartridges are deemed to be "drug paraphernalia" under the CSA, §863{f)(2) applies to Applicant's goods because Applicant's empty electronic cigarette and vaporizer pen refill cartridges are goods that are traditionally used with tobacco products. The Examining Attorney argues that because a third party source states that electronic cigarettes have "given cannabis smokers a new method of inhaling cannabinoids" t hen Applica nt's goods are not traditionally used with tobacco products. However, the source cited by the Exa mining Attorney merely states that such electronic cigarettes can be used with cannabis and provide cannabis users with a new way of using ca nnabis. The Examining Attorney overlooks the further statements from this source: "An electronic cigarette is a battery-powered vaporizer which simulates the feeling of smoking, but without burning tobacco... lnstead of cigarette smoke, the user inhales an aerosol, commonly ca lled vapor. E-cigarettes typically have a heating element t hat atomizes a liquid solution known as e-liguid. E-liguids usually contain propylene glycol, glycerin, water, nicotine and flavorings." Response to Office Action of April 20, 2019, Exhibit F, page 41. Accordingly, Applicant's empty electronic cigarette and vaporizer pen refill cartridges are typically used with nicotine, being a tobacco product. Moreover, Applicant provides furt her evidence in the form of third party articles attached hereto as Exhibit 2 showing that electronic cigarettes and/or vaporizer pens are tradit ionally used w ith tobacco products. Furthermore, the article tit led "Air Force Bans Electronic Cigarettes from the Workplace" from www.stripes.com included in Exhibit 2 hereto states "the Air Force surgeon general's office ... categorized [electronic cigarettes] as 'tobacco products' .... " Also attached in Exhibit 2 is an article titled " Historical Timeline of Electronic Cigarettes" from www.casaa.org w hich states that the first commercialized version of an electronic cigarette was produced in 1979 and was used with nicotine, a tobacco product. Finally, attached hereto in Exhibit 2 is an abstract from a study tit led "Toking, Va ping, and Eating for Healt h or Fun: Marijuana Use Patterns in Adults, U.S., 2014" from www.ncbi.nlm .nih.gov which states that only 7.6% of marijuana users studied reported use of cannabis products t hrough vaporizers. Of the thousa nds of electronic cigarettes so ld in 2014, a small fraction of those electronic cigarette purchasers used the product with ca nnabis. Therefore, electronic cigarettes and cartridges for use with electronic cigarettes are tradit ionally used w ith tobacco products. Accordingly, Applicant's goods, if deemed "drug paraphernalia" are exempted from the general prohibit ion of the CSA by t he application of §863(f)(2) because Applicant's goods are traditionally used w ith tobacco products.

Turning to the case of In re Brown, 119 USPQ2d 1350, 1353 (TTAB 2016), t he Examining Attorney maintains that the Board's decision in Brown applies to the present case because Applicant's goods identified in Classes 10 and 34 are unrestricted as to use. However, the Examining Attorney misinterprets the decision of Brown. In Brown, t he Board det ermined that the ident ification of "herbs" was broad enough to include cannabis. In contrast, nothing in Applica nt's identifications of goods in Classes 10 and 34 includes herbs or other substances that could possibly include cannabis within their meaning. Rather, Applicant's goods are specifically identified as "empty" and, t herefore, do not cont ain cannabis or any other substance prohibited under the CSA. Brown does not require that Applicant's goods be rest ricted as to their primary use; Brown instead states that an identification such as " herbs" t hat is so broad as t o reasonably include cannabis, and evidence shows, does in fact include cannabis, supports a finding of unlawful use in commerce. In the present case, Brown is not appli ca ble to Applicant's goods which are specified as so ld "empty" .

Finally, The Examining Attorney contends t hat the third party registrations introduced by Applicant in its Response t o Office Action of April 30, 2019 are not relevant to determining w hether the present Application may also be registered. However, the t hird party registrations present ed by Applicant show that it is not the practice of the Office to ref use regist ration for goods that are similar to Appli cant's, namely, goods that are traditionally used w ith tobacco products. Furthermore, Applicant su bmits additional evidence of 25 regist rations issued by the Office in the past yea r covering empty electronic cigarette and vaporizer pen refill cart ridge goods identified in Class 34 and for which the Office did not deem such goods unlawful under the CSA:

Citation App. No. / ~ pp. Date/ Status Goods and Services Owner Name Reg. No. Reg. Date VOOM App 88463272 App 06-JUN-2019 Registered INT. CL. 34 ELECTRONIC CIGARETTES; VOOM Reg 5943555 Reg 24-DEC-2019 ELECTRONIC CIGARS; CARTOMIZERS, TECHNOLOGY vooa NAMELY, COMBINATION ELECTRONIC (HK) COMPANY CIGARETTE REF ILL CARTRIDGES SOLD LI MITED (Hong EMPTY AND ATOMIZERS , SOLD AS A Kong) COMPONENT OF ELECTRONIC CIGARETTES; SMOKELESS CIGARETTE VAPORIZER PIPE First Used: 03-MAY-2019 (IC 34) In Commerce: 13-MAY-2019

VAPAL App 88439237 App 21 -MAY-2019 Registered INT. CL. 34 BOXES FOR ELECTRONIC SHENZHEN Reg 5926164 Reg 03-DEC-2019 CIGARETTES AND ELECTRONIC REKER CIGARETTE ACCESSORIES; TECHNOLOGY CARTOMIZERS, NAMELY, CO. ,L TD (China) COMBINATI ON ELECTRONIC CIGARETTE REFILL CARTRIDGES SOLD EMPTY AND ATOMIZERS, SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; CARTRIDGES SOLD FILLED WITH CHEMICAL FLAVORINGS IN LIQUID FORM FOR ELECTRONIC CIGARETTES; CASES FOR ELECTRONIC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; CIGAR AND CIGARETTE BOXES; CIGAR AND CIGARETTE BOXES NOT OF PRECIOUS METAL; CIGAR BOXES; CIGAR BOXES NOT OF PRECIOUS METAL; CIGAR BOXES OF PRECIOUS METAL; CIGAR CASES; CIGAR CASES OF PRECIOUS METAL; CIGAR CLIPPERS; CIGAR CUTTERS; CIGAR HOLDERS; CIGAR HOLDERS OF PRECIOUS METAL; CIGAR LIGHTERS; CIGAR POUCHES; CIGAR TUBES; CIGAR WRAPS; CIGARETTE CASES; CIGARETTE CASES NOT OF PRECIOUS METAL; CIGARETTE CUTTERS; CIGARETTE FILTERS; CIGARETTE HOLDERS; CIGARETTE HOLDERS NOT OF PRECIOUS METAL; CIGARETTE HOLDERS OF PRECIOUS METAL; CIGARETTE LI GHTER HOLDERS; CIGARETTE LI GHTERS ; CIGARETTE LIGHTERS NOT OF PRECIOUS METAL; CIGARETTE LIGHTS NOT OF PRECIOUS METAL; CIGARETTE PAPER; CIGARETTE TUBES; CIGARETTE-ROLLING MACHINES; CIGARETTES; CIGARETTES AND CIGARS; CIGARETTES CONTAINING TOBACCO SUBSTITUTES, NOT FOR MEDICAL PURPOSES; CIGARS; ELECTRIC CIGARETTES; ELECTRIC CIGARS; ELECTRONIC CIGARETTE ATOMIZERS SOLD EMPTY ; ELECTRONIC CIGARETTE BOXES; ELECTRONIC CIGARETTE CASES; ELECTRONIC CIGARETTE HOLDERS; ELECTRONIC CIGARETTE LANYARDS; ELECTRONIC CIGARETTE LIGHTERS; ELECTRONIC CIGARETTE LIQUID (E- LIQUID) COMPRISED OF FLAVORINGS IN LIQUID FORM, OTHER THAN ESSENTIAL OILS, USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES; ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF VEGETABLE GLYCERIN; ELECTRONIC CIGARETTE REFILL CARTRIDGES SOLD EMPTY; ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS; ELECTRONIC CIGARETTES FOR USE AS AN ALTERNATIVE TO TRADITIONAL CIGARETTES; ELECTRONIC CIGARS; ELECTRONIC HOOKAHS; ELECTRONIC SMOKING PIPES; FIRESTONES; HOLDER FOR A CIGARETTE PACK AND LIGHTER; HOLDERS FOR CIGARS AND CIGARETTES; HOOKAHS; LEAF TOBACCO; LIGHTERS FOR SMOKERS; MATCH BOXES NOT OF PRECIOUS METAL; MECHANICAL ELECTRONIC CIGARETTES; NON-ELECTRIC CIGAR LIGHTERS NOT OF PRECIOUS METAL; ORAL VAPORIZERS FOR SMOKERS ; ORAL VAPORIZERS FOR SMOKING PURPOSES; PIPE CLEANERS FOR TOBACCO PIPES; PIPE RACKS FOR TOBACCO PIPES; POCKET DEVICES FOR SELF-ROLLING OF CIGARETTES; POCKET MACHI NES FOR ROLLING CIGARETTES; SMOKELESS CIGAR VAPORIZER PIPES; SMOKELESS CIGARETTE VAPORIZER PIPE; SMOKELESS TOBACCO; SMOKERS' CLIPS FOR SECURING HAND RO LL ED CIGARETTES; SMOKERS' ROLLING TRAYS; SMOKING PIPE CLEANERS; SMOKING PIPE RACKS; SMOKING PIPES; SMOKING TOBACCO; SMOKING URNS; TOBACCO; TOBACCO AND TOBACCO SUBSTITUTES; TOBACCO GRINDERS; TOBACCO PI PES; TOBACCO POUCHES; TOBACCO SUBSTITUTE; TOBACCO SUBSTITUTES; TOBACCO, CIGARS AND CIGARETTES First Used: 01 -AUG-2018 (IC 34) In Commerce: 09-SEP-2018

PODSMAIL App 88434730 App 17-MAY-2019 Registered INT. CL. 34 BOXES FOR ELECTRONIC AKATTAK.INC. Cross References: Reg 5920545 Reg 26-NOV-2019 CIGARETTES AND ELECTRONIC PODS MAIL CIGARETTE ACCESSORIES; CARTOMIZERS, NAMELY, COMBINATION ELECTRONIC CIGARETTE REF ILL CARTRIDGES SOLD EMPTY AND ATOMIZERS , SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; CARTRI DGES SOLD FILLED WITH CHEMICAL FLAVORINGS IN LIQUID FORM FOR ELECTRONIC CIGARETTES; CARTRIDGES SOLD FILLED WITH VEGETABLE GLYCERIN FOR ELECTRONIC CIGARETTES; CASES FOR ELECTRONIC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; CHEMICAL FLAVORINGS IN LIQUID FORM USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES; ELECTRIC CIGARETTES; ELECTRONIC CIGARETTE ATOM IZERS SOLD EMPTY; ELECTRONIC CIGARETTE BOXES; ELECTRONIC CIGARETTE CASES; ELECTRON IC CIGARETTE HOLDERS; ELECTRONIC CIGARETTE LANYARDS; ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF PROPYLENE GLYCOL; ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF VEGETABLE GLYCERIN; ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTES FOR USE AS AN ALTERNATIVE TO TRADITIONAL CIGARETTES; ELECTRONIC HOOKAHS; FLAVORINGS, OTHER THAN ESSENTIAL OILS, FOR USE IN ELECTRONIC CIGARETTES; HOOKAHS; LIQU ID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES; TOBACCO SUBSTITUTE First Used: 26-APR-2019 (IC 34) In Commerce: 26-APR-2019

CALIVANIA App 88431010 App 15-MAY-2019 Registered INT. CL. 9 DIGITAL MUSIC CREW BLOOD, Reg 5948315 Reg 31 -DEC-2019 DOWNLOADABLE FROM THE LLC INTERNET; MUSICAL VIDEO RECORDINGS; MUSICAL SOUND RECORDINGS; MUSICAL RECORDI NGS; COMPACT DISCS FEATURING MUSIC; DOWNLOADABLE MUSIC FILES; DOWNLOADABLE MUSICAL SOUND RECORDINGS; VISUAL RECORDI NGS AND AUDIOVISUAL RECORDINGS FEATURING MUSIC AND ANIMATION; DOWNLOADABLE PRE-LOADED MUSICAL RING TONES VIA GLOBAL COMPUTER NETWORK AND WIRELESS DEVICES; DOWNLOADABLE ELECTRONIC BOOKS, MAGAZINES, PERIODICALS, NEWSLETTERS, NEWSPAPERS, JOURNALS AND ARTICLES, ALL IN THE FIELDS OF MUSIC AND ENTERTAINMENT; DOWNLOADABLE PRE-LOADED INTERACTIVE GAME PROGRAMS; PRE- LOADED KARAOKE PLAYER AND KARAOKE MACHINES; DOWNLOADABLE COMPUTER SOFTWARE TO ENHANCE THE AUDIO-VISUAL CAPABILITIES OF MULTI MEDIA APPLICATIONS, NAMELY, FOR THE INTEGRATION OF TEXT, PH OTOS, IMAGES, VOICE MESSAGES, MUSIC AND IN FORMATION FEATU RING THEMES AND CONTENT; ELECTRONICALLY DOWNLOADAB LE SOFTWARE FOR USE IN ENHANCING IMAGES ON COMPUTER GAMES; DOWNLOADABLE COMPUTER APPLICATION SOFTWARE FOR MOBILE PHONES, NAMELY, SOFTWARE FOR USE IN DATABASE MANAGEMENT; DOWNLOADABLE COMPUTER GAME PROGRAMS; DOWNLOADABLE COMPUTER GAME PROGRAMS AND DOWNLOADABLE COMPUTER GAME SOFTWARE FOR USE AS AN APP IN THE FIELD OF ENTERTAINMENT; DOWNLOADABLE PRE-LOADED SOFTWARE FOR WEB BROWSING, FOR CUSTOMIZING RING TONES AND FOR CUSTOMIZING E-MAIL AND TEXT MESSAGES BY USI NG MULTl- MEDIA MESSAGING INCLUDING IMAGES, SOUNDS AND TEXT; DOWNLOADABLE COMPUTER SOFTWARE FOR USE IN GENERATING CUSTOMIZED RECOMMENDATIONS OF AUDIO, VIDEO, DATA, TEXT AND OTHER MULTIMEDIA CONTENT, INCLUDING MUSIC, CONCERTS, VIDEOS, RADIO, TELEVISION, CULTURAL EVENTS AND ENTERTAINMENT-RELATED PROGRAMS DETERMINED FROM AN ANALYSIS OF USER PREFERENCES; DOWNLOADABLE COMPUTER SOFTWARE FOR CREATING AND SHARING PLAY LISTS OF AUDIO AND MULTIMEDIA FILES; DOWNLOADABLE COMPUTER SOFTWARE FOR USE IN CONNECTION WITH AN ONLINE MUSIC SUBSCRIPTION SE RVICE, NAMELY, SOFTWARE FOR MANAGING CUSTOMER SUBSCRIPTI ONS TO MUSIC SUBSCRIPTION SERVICES; DOWNLOADABLE DATABASE SYNCHRONIZATION SOFTWARE ; DOWNLOADABLE DATABASE MANAGEMENT SOFTWARE; DOWNLOADABLE COMPUTER SOFTWARE FOR USE IN PLAYING, ORGANIZING, DOWNLOADING, TRANSMITTING, MANIPULATING , AND REVIEWING AUDIO FILES, AND MEDIA FILES; DOWNLOADABLE COMPUTER SOFTWARE FOR USE IN THE DELIVERY, DISTRIBUTION AND TRANSMISSION OF DIGITAL MUSIC AND ENTERTAINMENT- RELATED AUDIO, VIDEO, TEXT AND MULTl MEDIA CONTENT; DOWNLOADABLE COMPUTER SOFTWARE FOR CREATING SEARCHABLE DATABASES OF INFORMATION AND DATA FOR PEER- TO-PEER SOCIAL NETWORKING DATABASES; DOWNLOADABLE COMPUTER SOFTWARE TO ENABLE USERS TO PROGRAM AND DISTRIBUTE AUDIO, VIDEO, DATA, TEXT AND OTHER MULTl MEDIA CONTENT, INCLUDING MUSIC, CONCERTS, VIDEOS, RADI O, TELEVISION, CULTURAL EVENTS, AND ENTERTAINMENT-RELATED AND EDUCATIONAL PROGRAMS VIA COMMUNICATION NETWORKS; DOWNLOADABLE COMPUTER SOFTWARE FOR ACCESSING, BROWSING AND SEARCHING ONLINE DATABASES; DOWNLOADABLE COMPUTER SOFTWARE FOR SETTING UP, CONFIGURING, OPERATING AND CONTROLLING MOBILE DEVICES, WEARABLE DEVICES, MOBI LE PHONES, COMPUTERS, AND COMPUTER PERIPHERALS, AND AUDIO AND VIDEO PLAYERS; BACKPACKS ESPECIALLY ADAPTED FOR HOLDING LAPTOPS, TABLET COMPUTERS , SMARTPHONES OR NOTEBOOK COMPUTERS; BAGS ESPECIALLY ADAPTED FOR HOLDING LAPTOPS, TABLET COMPUTERS, SMARTPHONES OR NOTEBOOK COMPUTERS; BULLET-PROOF PERSONAL PROTECTION SHIELDS IN THE FORM OF A BACKPACK; WHEELED BACKPACKS ESPECIALLY ADAPTED FOR HOLDING LAPTOPS; RADIOS; READING GLASSES; RECORD PLAYERS; RIDING HELMETS; SCUBA MASKS; DOWNLOADABLE COMIC STRIPS INT. CL. 16 COMIC BOOKS; POSTERS; PAPER; NEWSPAPERS; MAGAZINES IN THE FIELD OF MUSIC CULTURE; PRINTING PAPER, NAMELY, OFFSET PRINTING PAPER, NEWSPRINT PAPER, BOOK PAPER, SECURITY PAPER, INTAGLI O PAPER AND TYPOGRAPHIC PAPER; CARBON PAPER; HANDKERCHIEFS MADE OF PAPER; PRINTED ADVERTISEMENT BOARDS OF PAPER OR CARDBOARD; SIGNBOARDS OF PAPER OR CARDBOARD; STATIONERY PADS; CARDBOARD TUBES; ARCHITECTS' MODELS; ALBUMS FOR STICKERS; BOOK COVERS; BOOK MARKS; CALENDA RS; CARDS, NAMELY, VALENTINE CARDS FOR EXCHANGE; CHILDREN'S ACTIVITY BOOKS; COLORING BOOKS; PRINTED COMIC STRIPS; DECALS; DIARIES; FOLDERS; GREETI NG CARDS; MAGAZINES FEATURI NG PRINTED STORIES IN ILLUSTRATED FORM AND COMIC BOOK STORIES AND ARTWORK; PAPER NAPKIN S; PAPER PARTY DECORATIONS; PAPER TABLECLOTHS; PARTY GOODIE BAGS OF PAPER OR PLASTIC; PRINTED INV ITATIONS; PRINTED PERIODICALS IN THE FIELD OF COMIC BOOK STORIES AND ARTWORK; PRINTED VISUALS IN THE NATU RE OF COMIC BOOK STORIES AND ARTWORK; SERIES OF FICTION BOOKS; STICKERS; TEMPORARY TATTOO TRANSFERS; COLLECTIBLE TRADING CARDS INT. CL. 25 CLOTHING, NAMELY, T- SHIRTS, LONG SLEEVE SHIRTS, TURTLE NECKS, MOCK TURTLE NECKS, HATS, SHORTS, SHIRTS, LEGGINGS, SOCKS, JERSEYS, PANTS, CAPRI PANTS, CAPRIS, HEADWEAR FOR WINTER AND SUMMER, UNDERWEAR, TANK TOPS FOR MEN AND WOMEN, WRISTBANDS, HEADBANDS, SHOES, RAIN SUITS, RAINWEAR, GLOVES, WINTER AND SUMMER JACKETS, VESTS, SKULL CAPS, HEAD WRAPS, SHOULDER WRAPS, WINTER CAPS, VISORS, SWEAT SHIRTS, HOODED SWEAT SHIRTS, PULL OVERS, BRAS, PADDED ELBOW COMPRESSION SLEEVES SOLD AS AN INTEGRAL COMPONENT OF ATHLETIC CLOTHING, NAMELY, JERSEYS AND UNIFORMS; LEG BANDS IN THE NATURE OF LEGGINGS INT. CL. 34 ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTES AND COMPONENTS THEREOF, NAMELY, REFILL CARTRIDGES SOLD EMF:'IY CARTOMIZERS, NAMELY, COMBINATI ON ELECTRONIC CIGARETTE REFILL CARTRIDGES SOLD EMPTY AND ATOMIZERS, SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES, ATOMIZERS SOLD EMPTY, EMPTY REFILL CARTRIDGES, CARRYING CASES FOR ELECTRONIC CIGARETTES AND HOLDERS FOR ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTE STARTER KITS COMPRISED PRIMARILY OF ELECTRONIC CIGARETTES, ELECTRONIC CIGARETTE BATTERIES, ELECTRONIC CIGARETTE BATTERY CHARGERS; ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF FLAVORINGS IN LIQUID FORM, OTHER THAN ESSENTIAL OILS, USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES; FLAVORINGS, OTHER THAN ESSENTIAL OILS, FOR USE IN ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTES FOR USE AS AN ALTERNATIVE TO TRADITIONAL CIGARETTES; ELECTRONIC CIGARS; ELECTRONIC CIGARETTE LIGHTERS; ELECTRONIC CIGARETTE BOXES; ORAL VAPORIZERS FOR SMOKERS; SMOKELESS CIGARETTE VAPORIZER PIPES; ELECTRONIC VAPOR DEVICES FOR SMOKERS, NAMELY, ORAL VAPORIZERS INT. CL. 41 ENTERTAINMENT SERVICES IN THE NATURE OF A LIVE MUSICAL PERFORMER, MUSICAL BAND OR MUSICAL GROUP; ENTERTAINMENT SERVICES IN THE NATURE OF LIVE AUDIO AND VISUAL PERFORMANCES BY MUSICAL ARTISTS; ENTERTA INMENT SERVICES, NAMELY, ARRANGING AND CONDUCTING LIVE PERFORMANCES, PERSONAL APPEARANCES BY MUSICAL ARTI STS; ENTERTAINMENT SERVICES, NAMELY, ARRANGING AND CONDUCTING LIVE TELEVISION AND RADIO PERFORMANCES BY MUSICAL ARTISTS; ENTERTAINMENT SERVICES, NAMELY, PRODUCTION OF LIVE MUSICAL SHOWS, CONCERTS, PRERECORDED EVENTS IN TH E NATURE OF MUSIC ENTERTAINMENT, MULTIMEDIA ENTERTAINMENT EVENTS IN THE NATURE OF INTERACTIVE CROWD PARTICIPATION, V IDEOS, MULT l MEDIA VIDEOS, MOTION PICTURE FILMS, AND RADIO AND TELEVISION PROGRAMS; ENTERTAINMENT SERVICES, NAMELY, PROVIDING NON- DOW NLOADABLE RECORDED MUSIC, MUSICAL VIDEOS, MUSIC VIDEO CLI PS, PHOTOGRAPHS IN THE FIELD OF MUSIC, SLOGS FEATURING USER POSTS ABOUT MUSIC, MUSIC CONCERT TOUR INFORMATION AND SLOGS FEATURING ENTERTAINMENT INFORMATION AND SLOGS DISCUSSING SOCIAL MEDIA POSTINGS ABOUT ENTERTAINMENT, ALL VIA AN INTERNET WEBSITE OR SMARTPHONE APPLICATION VIA A GLOBAL COMPUTER NETWORK OR WIRELESS NETWORKS; PRODUCTION AND DISTRIBUTI ON SERVICES IN THE FIELD OF SOUND AND VISUAL RECORDINGS AND ENTERTAINMENT PROGRAMS, NAMELY, MOTION PICTURES, RADIO PROGRAMS OR VIDEOS IN THE FIELD OF MUSIC; MUSIC LI BRARY SERVICES, NAMELY, PROVIDING AN ONLINE DATABASE FEATURING NON- DOWNLOADABLE MUSICAL SOUND RECORDINGS; MUSIC PUBLISHING SERVICES; PROVISION OF DIGITAL NON-DOWNLOADABLE MUSIC FROM THE INTERNET; PROVISION OF DIGITAL NON-DOWNLOADABLE MUSIC FROM MP3 WEBSITES; PRODUCTION OF LIVE ENTERTAINMENT FEATURES IN THE NATURE OF MUSIC CONCERTS; PROVIDING ONLINE NON- DOWNLOADABLE COMIC STRIPS First Used: 01 -MAR-2019 (IC 09) In Commerce: 01-MAR-2019 First Used: 26-MAR-2018 (IC 16) In Commerce: 26-MAR-2018 First Used: 20-APR-2018 (IC 25) In Commerce: 20-APR-2018 First Used : 08-JUL-2018 (IC 34) In Commerce: 08-JUL-2018 First Used : 18-FEB-2018 (IC 41 ) In Commerce: 18-FEB-2018

H ED App 88431 875 App 15-MA Y-2019 Registered INT. CL. 34 CARTOMIZERS, NAMELY, GARCIA, JOSE Cross References: HED Reg 5925878 Reg 03-DEC-2019 COMBINATION ELECTRONIC SERGIO ABLE CIGARETTE REF ILL CARTRIDGES SOLD DAMATO, EMPTY AND ATOMIZERS , SOLD AS A THOMAS COMPONENT OF ELECTRONIC CIGARETTES First Used : 01 -JAN-2015 (IC 34) In Commerce: 01-JAN-201 9

ICARE App 88424318 App 10-MAY-2019 Registered INT. CL. 34 ELECTRONIC CIGARETTES; JOYETECH Cross References: I Reg 5919668 Reg 26-NOV-201 9 ELECTRONIC NICOTINE INHALATION EUROPE CARE DEVICES, NAMELY, ELECTRONIC HOLDING GMBH CIGARETTES, ELECTRONIC CIGARS, (Switzerland) AND ORAL VAPORIZERS; ELECTRONIC CIGARETTE REF ILL CARTRIDGES SOLD EMPTY AND WITH PROPYLENE GLYCOL; ELECTRONIC CIGARETTE ATOMIZERS SOLD EMPTY AND WITH PROPYLENE GLYCOL; ELECTRONIC CIGARETTE CARTOMIZERS, NAMELY, COMBINATION ELECTRONIC CIGARETTE REF ILL CARTRIDGES SOLD EMPTY AND WITH PROPYLENE GLYCOL AND ATOMIZERS, SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES; CHEMICAL FLAVORINGS IN LIQUID FORM USED TO REF ILL ELECTRONIC CIGARETTE CARTRIDGES First Used: 01 -AUG-2016 (IC 34) In Commerce: 04-AUG-2016

BARA DI Y App 88411423 App 01 -MAY-2019 Registered INT. CL. 34 ELECTRONIC CIGARETTE BARA DIY Reg 5942417 Reg 24-DEC-2019 LIQUID (E-LIQUID) COMPRISED OF (France) FLAVORINGS IN LIQUID FORM, OTHER THAN ESSENTIAL OILS, USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES; ELECTRONIC CIGARETTE LIQUID (E-LI QUID) COMPRISED OF PROPYLENE GLYCOL; ELECTRONIC CIGARETTE LIQUID (E- LIQUID) COMPRISED OF VEGETABLE GLYCERIN; ELECTRONIC CIGARETTE REFILL CARTRIDGES SOLD EMPTY ELECTRONIC CIGARETTE BOXES; ELECTRONIC CIGARETTE CASES; ELECTRONIC CIGARETTES; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES INT. CL. 35 RETAIL STORE SERVICES FEATURING LIQUID NI COTIN E SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES, ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF PROPYLENE GLYCOL, ELECTRONIC CIGARETTE LIQUID (E-LI QUID) COMPRISED OF ESSENTIAL OILS, ELECTRONIC CIGARETTE LIQUID (E- LIQUID) COMPRISED OF VEGETABLE GLYCERIN, ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF FLAVORINGS IN LIQUID FORM, OTHER THAN ESSENTIAL OILS, USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES, ELECTRONIC CIGARETTE REFILL CARTRIDGES SOLD EMF'TY, ELECTRONIC CIGARETTE BOXES, ELECTRONIC CIGARETTE CASES, ELECTRONIC CIGARETTES; PUBLICITY CONSULTATI ON

E-FOG App 88382761 App 12-APR-2019 Registered INT. CL. 34 BOXES FOR ELECTRONIC SHENZHEN Cross References: E Reg 5942253 Reg 24-DEC-2019 CIGARETTES AND ELECTRONIC YUNWU FOG CIGARETTE ACCESSORIES; TECHNOLOGY CARTOMIZERS, NAMELY, CO , LTD. COMBINATI ON ELECTRONIC (China) CIGARETTE REFILL CARTRIDGES SOLD EMPTY AND ATOMIZERS, SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; CASES FOR ELECTRON IC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; ELECTRIC CIGARETTES; ELECTRONIC CIGARETTE ATOMIZERS SOLD EMPTY; ELECTRONIC CIGARETTE BOXES; ELECTRONIC CIGARETTE CASES; ELECTRONIC CIGARETTE REFILL CARTRIDGES SOLD EMPTY; ELECTRONIC CIGARETTES; SMOKERS' MOUTHPIECES FOR ELECTRONIC CIGARETTES First Used: 31 -JAN-2019 (IC 34) In Commerce: 31-JAN-2019 ssso App 88369106 App 03-APR-2019 Registered INT. CL. 34 ELECTRONIC CIGARETTE SOKU Reg 5901652 Reg 05-NOV-201 9 ATOMIZERS SOLD EMPTY; TECHNOLOGY ELECTRONIC CIGARETTE BOXES; CO , LTD. ELECTRONIC CIGARETTE CASES; (China) ELECTRONIC CIGARETTE HOLDERS; ':///) ELECTRONIC CIGARETTE LIGHTERS; ELECTRONIC CIGARETTE LIQUID (E- LIQUID) COMPRISED OF PROPYLENE GLYCOL; ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF VEGETABLE GLYCERIN; ELECTRONIC CIGARETTE REF ILL CARTRIDGES SOLD EMPTY; ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS; ELECTRONIC CIGARETTES FOR USE AS AN ALTERNATIVE TO TRADITIONAL CIGARETTES; BOXES FOR ELECTRONIC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; CARTRIDGES SOLD FILLED WITH PROPYLENE GLYCOL FOR ELECTRONIC CIGARETTES; CASES FOR ELECTRONIC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; FLAVOURINGS, OTHER THAN ESSENTIAL OILS, FOR USE IN ELECTRONIC CIGARETTES; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES First Used: 01 -FEB-2019 (IC 34) In Commerce: 01-FEB-2019

VARI-VAPE App 88369603 App 03-APR-2019 Registered INT. CL. 34 ELECTRONIC VAPORIZERS DES PRODUCTS Cross References: VARI Reg 5868446 Reg 24-SEP-2019 AND ATOMIZERS FOR ELECTRONIC LTD. VAPE, VARIVAPE, VARY CIGARETTE USERS, ORAL VAPORIZERS VAP E FOR ELECTRONIC CIGARETTE USERS, NAMELY, VAPE PENS, AND ADVANCED PERSONAL VAPORIZERS FOR ELECTRONIC CIGARETTE USERS; ARTICLES FOR ELECTRONIC CIGARETTE USERS, NAMELY, COMPONENTS FOR ELECTRONIC VAPORIZERS AND ATOM IZERS , VAPE PENS, VAPE PODS, VAPE PEN KITS AND ADVANCED PERSONAL VAPORIZERS, NAMELY, ELECTRONIC VAPI NG MODS, BUMPERS, CAPS, CARTRIDGES, CARTOMIZERS, CLEAROMIZERS, COILS, CONES, DRIP TIPS, AND VAPE PEN REFILLING TOOLS; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC VAPORIZERS AND ATOMIZERS, VAPE PENS, AND ADVANCED PERSONAL VAPORIZERS: ELECTRONIC CIGARETTE LI QUID (E­ LIQUID) COMPRISED OF FLAVORI NGS IN LIQUID FORM USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES AND TANKS; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC VAPORIZERS AND ATOM IZERS First Used: 27-JAN-2017 (IC 34) In Commerce: 27-MAR-201 7

FEELLIFE App 88360983 App 28-MAR-2019 Registered INT. CL. 3 A IR FRAGRANCING SH ENZHEN Reg 5873839 Reg 01-OCT-2019 PREPARATIONS; BATH LOTION; CAKES FEELLIFE OF SOAP; CLEANING PREPARATIONS; ENERGY CLEANING AND WASHING TECHNOLOGY PREPARATIONS; COSMETICS; CO., LTD (China) COSMETICS FOR ANIMALS; DENTIFRICES; ETHEREAL OILS; FRAGRANCES AND PERFUMERY; HAI R LOTIONS; INCENSE; POLI SHING PREPARATIONS; POLI SHING, SCOURING AND ABRASIV E PREPARATIONS; WASHING POWDER INT. CL. 9 COMPUTER PERIPHERAL APPARATUS; ELECTRIC NAV IGATI ONAL INSTRUMENTS; GALVANIC BATTERIES; INTEGRATED CIRCUITS; PERSONAL STEREOS; PH OTOGRAPHIC CAMERAS; PRESSURE INDI CATORS; SECURITY AND FIRE ALARMS; SOLAR BATTERIES INT. CL. 34 BOXES FOR ELECTRONIC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; CARTOMIZERS, NAMELY, COMBINATI ON ELECTRONIC CIGARETTE REFILL CARTRIDGES SOLD EMPTY AND ATOMIZERS, SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; CASES FOR ELECTRONIC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; CIGARETTES; ELECTRIC CIGARETTES; ELECTRONIC CIGARETTE LI QUID (E- LIQUID) COMPRISED OF FLAVORI NGS IN LIQUID FORM, OTHER THAN ESSENTIAL OILS, USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES; ELECTRONIC CIGARETTE REFILL CARTRIDGES SOLD EMF'TY; ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTES FOR USE AS AN ALTERNATIVE TO TRADITIONAL CIGARETTES; ELECTRONIC HOOKAHS; FLAVORED TOBACCO; FLAVOURINGS, OTHER THAN ESSENTIAL OILS, FOR USE IN ELECTRONIC CIGARETTES; HOOKAH TOBACCO; MECHANICAL ELECTRONIC CIGARETTES; SMOKELESS TOBACCO; SMOKING PIPE CLEANERS; TOBACCO; TOBACCO PIPE CLEANERS; TOBACCO SUBSTITUTE; TOBACCO SUBSTITUTES NOT FOR MEDICAL PURPOSES First Used: 25-SEP-2009 (IC 03) In Commerce: 25-SEP-2009 First Used: 25-SEP-2009 (IC 09) In Commerce: 25-SEP-2009 First Used: 25-SEP-2009 (IC 34) In Commerce: 25-SEP-2009

SOUTH BEACH SMOKE App 88350554 App 21 -MAR-2019 Registered INT. CL. 34 ELECTRONIC CIGARETTES; INTERNATIONA Reg 5883376 Reg 15-OCT-2019 Section 2(F) ORAL VAPORIZERS FOR SMOKERS ; L VAPOR ELECTRONIC CIGARETTE CARTRIDGES GROUP, LLC SOLD EMPTY; SMOKERS' ORAL VAPORIZER CARTRIDGES SOLD EMPTY; ELECTRONIC CIGARETTE ATOMIZERS SOLD EMPTY; SMOKERS' ORAL VAPORIZER ATOMIZERS SOLD EMPTY; ELECTRONIC CIGARETTE ATOMIZERS SOLD EMPTY ; ELECTRONIC CIGARETTE KITS, EACH CONSISTING OF ELECTRONIC CIGARETTE CARTRIDGES SOLD EMPTY, A BATTERY, A BATTERY CHARGER THAT CAN BE PLUGGED INTO A WALL, AND AN ATOMIZER; CARRYING CASES SPECIFICALLY DESIGNED TO CARRY ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF FLAVORINGS IN LIQUID FORM, NOT INCLUDING ESSENTIAL OILS, USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES OR ORAL VAPORIZER CARTRIDGES; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES OR ORAL VAPORIZERS INT. CL. 35 WHOLESALE DISTRIBUTORSHIP SERVICES AND ONLINE RETA IL STORE SERVICES FEATURING ELECTRONI C CIGARETTES, ORAL VAPORIZERS FOR SMOKERS , ELECTRONIC CIGARETTE CARTRIDGES, ORAL VAPORIZER CARTRIDGES, ELECTRONIC CIGARETTE ATOMIZERS, ORAL VAPORIZER ATOMIZERS, ELECTRONIC CIGARETTE ATOMIZERS SOLD EMPTY, ORAL VAPORIZER ATOMIZERS SOLD EMPTY, ELECTRONIC CIGARETTE KITS, EACH CONSISTING OF ELECTRONIC CIGARETTE CARTRIDGES, A BATTERY, A BATTERY CHARGER THAT CAN BE PLUGGED INTO A WALL, AND AN ATOMIZER, CARRYING CASES SPEC IFl CALLY DESIGNED TO CARRY ELECTRONIC CIGARETTES, ELECTRONIC CIGARETTE LI QUID (E- LIQUID) COMPRISED OF FLAVORI NGS IN LIQUID FORM USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES OR ORAL VAPORIZER CARTRIDGES, LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRON IC CIGARETTES OR ORAL VAPORIZERS, PARTS AND ACCESSORIES FOR ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS First Used: 31 -AUG-2010 (IC 34) In Commerce: 31-AUG-2010 First Used: 31 -AUG-2010 (IC 35) In Commerce: 31 -AUG-2010

ALHRGI App 88339293 App 14-MAR-2019 Registered INT. CL. 34 CARTOMIZERS, NAMELY, OU HUAYI Reg 5867667 Reg 24-SEP-2019 COMBINATI ON ELECTRONIC (China) AlllRGI CIGARETTE REF ILL CARTRIDGES SOLD JIANG ZIYU EMPTY AND ATOMIZERS , SOLD AS A (China) COMPONENT OF ELECTRONIC CIGARETTES; CIGARETTE HOLDERS; CIGARETTES; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES; POCKET MACHINES FOR ROLLING CIGARETTES; TOBACCO PIPES; CIGARETTE ROLLING PAPERS; CIGARETTES CONTAINING TOBACCO SUBSTITUTES, NOT FOR MEDICAL PURPOSES; ELECTRONIC CIGARETTES First Used: 14-DEC-2018 (IC 34) In Commerce: 14-DEC-2018

PRAYER App 88337341 App 13-MAR-2019 Registered INT. CL. 34 CARTOMIZERS, NAMELY, TAO LI U (China) Reg 5862357 Reg 17-SEP-2019 COMBINATION ELECTRONIC CIGARETTE REF ILL CARTRIDGES SOLD Pro L_J er EMPTY AND ATOMIZERS , SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; CIGARETTE CASES; CIGARETTE FILTERS; CIGARETTES; CIGARETTES CONTAINING TOBACCO SUBSTITUTES, NOT FOR MEDICAL PURPOSES; FILTERED CIGARS AND CIGARETTES; HERBS FOR SMOKING; LIGHTERS FOR SMOKERS; LIQUEFIED GAS CYLI NDERS FOR CIGARETTE LIGHTERS; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES; PIPE RACKS FOR TOBACCO PIPES; PIPE TOBACCO; TOBACCO; TOBACCO PIPES; ELECTRIC CIGARETTES; FILTER-TIPPED CIGARETTES First Used: 02-NOV-2018 (IC 34) In Commerce: 15-NOV-2018

DODO App 88335467 App 12-MAR-2019 Registered INT. CL. 34 ASHTRAYS; CARTOMIZERS, SHENZHEN Reg 5862190 Reg 17-SEP-201 9 NAMELY, COMBINATI ON ELECTRONIC ANXIANG CIGARETTE REF ILL CARTRIDGES SOLD INTERNATIONA EMPTY AND ATOMIZERS, SOLD AS A L HEALTH COMPONENT OF ELECTRONIC SERVICE CO., CIGARETTES; CIGAR LI GHTERS; LTD (China) CIGARETTE FILTERS; ELECTRONIC CIGARETTES; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES; PIPE RACKS FOR TOBACCO PIPES; TOBACCO PIPES; CIGARETTE LIGHTERS First Used: 15-OCT-2018 (IC 34) In Commerce: 21-DEC-2018

CIGCOILM App 88333468 App 11-MAR-2019 Registered INT. CL. 34 BOXES FOR ELECTRONIC LIAO SHANQI U Reg 5857505 Reg 10-SEP-2019 CIGARETTES AND ELECTRONIC (China) CIGARETTE ACCESSORIES; CARTOMIZERS, NAMELY, COMBINATI ON ELECTRONIC CIGARETTE REF ILL CARTRIDGES SOLD EMPTY AND ATOMIZERS, SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; CARTRIDGES SOLD FILLED WITH CHEMICAL FLAVORINGS IN LIQUID FORM FOR ELECTRONIC CIGARETTES; CASES FOR ELECTRONIC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; CIGAR TUBES; CIGARETTE FILTERS; ELECTRIC CIGARETTES; ELECTRONIC CIGARETTE ATOMIZERS SOLD EMPTY; ELECTRONIC CIGARETTE CASES; ELECTRONIC CIGARETTE HOLDERS; ELECTRONIC CIGARETTE LIGHTERS; ELECTRONIC CIGARETTE LIQUID (E- LIQUID) COMPRISED OF FLAVORINGS IN LIQUID FORM, OTHER THAN ESSENTIAL OILS, USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES; ELECTRONIC CIGARETTE REF ILL CARTRIDGES SOLD EMPTY; ELECTRONIC CIGARETTES FOR USE AS AN ALTERNATIVE TO TRADITIONAL CIGARETTES; ELECTRONIC SMOKING PIPES; FILTER- TIPPED CIGARETTES; FILTER TIPS; FLAVORINGS FOR TOBACCO SUBSTITUTES, OTHER THAN ESSENTIAL OILS; FLAVORI NGS, OTH ER THAN ESSENTIAL OILS, FOR USE IN ELECTRONIC CIGARETTES; SMOKERS' ARTICLES, NAMELY, CIGAR STORAGE TUBES First Used: 21 -FEB-201 9 (IC 34) In Commerce: 21-FEB-2019

UTILLIAN App 88327399 App 06-MAR-2019 Registered INT. CL. 34 ELECTRONIC CIGARETTE 2334271 Reg 5851481 Reg 03-SEP-201 9 ATOMIZERS SOLD EMPTY; ONTARIO ELECTRONIC CIGARETTE REFILL LI MITED CARTRIDGES SOLD EMPTY; (Canada) ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS; CASES FOR ELECTRONIC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; ORAL VAPORIZERS FOR SMOKERS; ORAL VAPORIZERS FOR SMOKING PURPOSES; SMOKERS' ORAL VAPORIZER REFILL CARTRIDGES SOLD EMPTY

VUBER App 88312379 App 22-FEB-2019 Registered INT. CL. 9 LITHIUM ION BATTERIES VUBER Reg 5850567 Reg 03-SEP-2019 INT. CL. 10 ATOMIZERS SOLD EMPTY TECHNOLGIES, FOR MEDICAL USE; VAPORIZERS FOR LLC MEDICAL PURPOSES INT. CL. 34 ELECTRONIC CIGARETTE ATOMIZERS SOLD EMPTY ; ORAL VAPORIZERS FOR SMOKERS; CARTOMIZERS, NAMELY, COMBINATI ON ELECTRONIC CIGARETTE REF ILL CARTRIDGES SOLD EMPTY AND ATOMIZERS , SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS First Used: 01 -JAN-2014 (IC 09) In Commerce: 01-JAN-2014 First Used: 01 -JAN-2014 (IC 10) In Commerce: 01-JAN-2014 First Used: 01 -JAN-2014 (IC 34) In Commerce: 01 -JAN-2014

GLAS App 88310507 App 21 -FEB-2019 Registered INT. CL. 9 BATTERIES FOR GLAS LLC Cross References: Reg 5844827 Reg 27-AUG-2019 Section 2(F) ELECTRONIC CIGARETTES; BATTERY GLASS CHARGERS FOR ELECTRONIC CIGARETTES; USB CHARGING PORTS; USB CHARGING PORTS FOR USE IN VEHICLES; REPLACEMENT PARTS AND FITTINGS FOR THE AFORESAID GOODS; ELECTRONIC DEVICES AND glas APPLIANCES FOR CHARGING AND CARRYING ELECTRONIC AND ELECTRIC CIGARETTES IN THE NATURE OF BATTERY CHARGING DEVICES INT. CL. 34 NICOTINE-BASED LIQUID, NAMELY, LIQUID NICOTINE USED TO REFILL ELECTRONIC CIGARETTES AND VAPORIZER CARTRIDGES; ELECTRONIC CIGARETTES AND VAPORIZER CARTRIDGES WITH AND WITHOUT NICOTINE; ELECTRON IC CIGARETTE AND VAPORIZER REFILL LIQUIDS, NAMELY, LI QU ID FORM CHEMICAL FLAVORINGS USED TO REFILL ELECTRONIC CIGARETTES AND VAPORIZERS; CARTRIDGES FILLED WITH LIQUID FORM CHEMICAL FLAVORINGS FOR ELECTRONIC CIGARETTES AND VAPORIZERS; ELECTRONIC AND ELECTRIC CIGARETTES AND VAPORIZERS; ELECTRONIC SMOKING VAPORIZERS, NAMELY, ELECTRONIC CIGARETTES AND VAPORIZERS; REFILL CARTRIDGES FOR ELECTRONIC CIGARETTES AND VAPORIZERS; ELECTRONIC VAPORIZERS FOR SMOKING PURPOSES; SMOKER'S ARTICLES FOR ELECTRIC AND ELECTRONIC CIGARETTES AND VAPORIZERS, NAMELY, CASES FOR ELECTRONIC CIGARETTES AND VAPORIZERS AND ELECTRONIC CIGARETTE ACCESSORIES, AND BOXES FOR ELECTRONIC CIGARETTES AND VAPORIZERS AND ELECTRONIC CIGARETTE ACCESSORIES; COMPONENTS FOR ELECTRIC AND ELECTRONIC CIGARETTES AND VAPORIZERS , NAMELY, ATOMISERS, CARTOMISERS, AND CLEAROMISERS FOR TOBACCO SUBSTITUTES, SOLD EMPTY; REPLACEMENT PARTS AND FITTINGS FOR THE First Used: 18-FEB-2019 (IC 09) In Commerce: 18-FEB-2019 First Used: 18-FEB-2019 (IC 34 ) In Commerce: 18-FEB-2019

G App 88310513 App 21 -FEB-2019 Registered INT. CL. 9 BATTERIES FOR GLAS LLC Reg 5844828 Reg 27-AUG-2019 ELECTRONIC CIGARETTES; BATTERY CHARGERS FOR ELECTRONIC CIGARETTES; USS CHARGING PORTS; USS CHARGING PORTS FOR USE IN VEHICLES; REPLACEMENT PARTS AND r~ FITTINGS FOR THE AFORESAID GOODS; ELECTRONIC DEVICES AND ~I APPLIANCES FOR CHARG ING AND ,._? CARRYING ELECTRONIC AND ELECTRIC CIGARETTES IN THE NATURE OF BATTERY CHARGING DEVICES INT. CL. 34 NICOTINE-BASED LIQUID, NAMELY, LIQUID NICOTINE USED TO REFILL ELECTRONIC CIGARETTES AND VAPORIZER CARTRIDGES; ELECTRONIC CIGARETTES AND VAPORIZER CARTRIDGES WITH AND WITHOUT NICOTINE; ELECTRON IC CIGARETTE AND VAPORIZER REFILL LIQUIDS, NAMELY, LI QU ID FORM CHEMICAL FLAVORINGS USED TO REFILL ELECTRONIC CIGARETTES AND VAPORIZERS; CARTRIDGES FILLED WITH LIQUID FORM CHEMICAL FLAVORINGS FOR ELECTRONIC CIGARETTES AND VAPORIZERS; ELECTRONIC AND ELECTRIC CIGARETTES AND VAPORIZERS; ELECTRONIC SMOKING VAPORIZERS, NAMELY, ELECTRONIC CIGARETTES AND VAPORIZERS; REFILL CARTRIDGES FOR ELECTRONIC CIGARETTES AND VAPORIZERS; ELECTRONIC VAPORIZERS FOR SMOKING PURPOSES; SMOKER'S ARTICLES FOR ELECTRIC AND ELECTRONIC CIGARETTES AND VAPORIZERS, NAMELY, CASES FOR ELECTRONIC CIGARETTES AND VAPORIZERS AND ELECTRONIC CIGARETTE ACCESSORIES, AND BOXES FOR ELECTRONIC CIGARETTES AND VAPORIZERS AND ELECTRONIC CIGARETTE ACCESSORIES; COMPONENTS FOR ELECTRIC AND ELECTRONIC CIGARETTES AND VAPORIZERS , NAMELY, ATOMISERS, CARTOMISERS, AND CLEAROMISERS FOR TOBACCO SUBSTITUTES, SOLD EMPTY; REPLACEMENT PARTS AND FITTINGS FOR THE AFORESAID GOODS First Used: 18-FEB-2019 (IC 09) In Commerce: 18-FEB-2019 First Used: 18-FEB-2019 (IC 34) In Commerce: 18-FEB-2019

E App 88305358 App 18-FEB-2019 Registered INT. CL. 34 ELECTRIC CIGARETTES; THESY, LLC Reg 5850460 Reg 03-SEP-2019 ELECTRIC CIGARS; ELECTRONIC CIGARETTE LIGHTERS; ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF FLAVORINGS IN LIQUID FORM , OTHER THAN ESSENTIAL OILS, USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES; ELECTRONIC CIGARETTE LIQUID (E­ LIQUID) COMPRISED OF PROPYLENE GLYCOL; ELECTRONIC CIGARETTE LIQUID (E-LIQUID) COMPRISED OF VEGETABLE GLYCERIN; ELECTRONIC CIGARETTE REFILL CARTRIDGES SOLD EMPTY; ELECTRONIC CIGARETTES; ELECTRONIC CIGARETTES FOR USE AS AN ALTERNATIVE TO TRADITIONAL CIGARETTES; ELECTRONIC CIGARS; ELECTRONIC HOOKAHS; CARTOMIZERS, NAMELY, COMBINATI ON ELECTRONIC CIGARETTE REF ILL CARTRIDGES SOLD EMPTY AND ATOMIZERS, SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; 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; CHEMICAL FLAVORINGS IN LIQUID FORM USED TO REFILL ELECTRONIC CIGARETTE CARTRIDGES; FLAVORINGS, OTHER THAN ESSENTIAL OILS, FOR USE IN ELECTRONIC CIGARETTES; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES; MECHANICAL ELECTRONIC CIGARETTES; NON-ELECTRIC CIGAR LIGHTERS NOT OF PRECIOUS METAL; SMOKERS' MOUTH PI ECES FOR ELECTRONIC CIGARETTES First Used: 01 -JUL-2016 (IC 34) In Commerce: 01-JUL-2016

JUULPODS App 88289543 App 05-FEB-2019 Registered INT. CL. 34 NICOTINE LIQUID USED TO JUUL LABS, INC. Reg 5918490 Reg 26-NOV-2019 REFILL ELECTRONIC CIGARETTES AND VAPORIZER CARTRIDGES; ELECTRONIC CIGARETTES AND ORAL SMOKER'S VAPORIZER REFILL CARTRIDGES SOLD WITH LIQUID NICOTINE SOLUTIONS; ELECTRONIC CIGARETTE AND VAPORIZER REFILL LIQUIDS, NAMELY, LI QUID FORM CHEMICAL FLAVORINGS USED TO REFILL ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS ; LIQUID FORM TOBACCO SUBSTITUTES OTHER THAN FOR MEDICAL PURPOSES; REFILL CARTRIDGES FILLED WITH LIQUID FORM CHEMICAL FLAVORINGS FOR ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS; ELECTRONIC AND ELECTRIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS; ELECTRONIC SMOKING VAPORIZERS , NAMELY, ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS; LIQUID FORM TOBACCO SUBSTITUTES OTHER THAN FOR MEDICAL PURPOSES FOR ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS; REFILL CARTRIDGES SOLD EMPTY FOR ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS; ELECTRONIC ORAL VAPORIZERS FOR SMOKERS FOR THE VAPORIZATION OF TOBACCO; SMOKER'S ARTICLES FOR ELECTRIC AND ELECTRONIC CIGARETTES AND VAPORIZERS, NAMELY, CASES FOR ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS AND ELECTRONIC CIGARETTE ACCESSORIES, NAMELY, REFILL CARTRIDGES FOR ELECTRONIC CIGARETTES SOLD EMPTY, AND BOXES FOR ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS AND ELECTRONIC CIGARETTE ACCESSORIES, NAMELY, REFILL CARTRIDGES FOR ELECTRONIC CIGARETTES SOLD EMPTY; COMPONENTS FOR ELECTRIC AND ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS, NAMELY, ATOMISERS, CARTOMISERS, AND CLEAROMISERS SOLD EMPTY FOR TOBACCO SUBSTITUTES First Used: JUN-2015 (IC 34) In Commerce: JUN-2015

LEBLASE App 88280746 App 29-JAN-2019 Registered INT. CL. 34 ELECTRON IC CIGARETTES; GUO, XIAOPING Reg 5828195 Reg 06-AUG-2019 ELECTRONIC CIGARS; CARTOMIZERS, (China) NAMELY, COMBINATION ELECTRONIC IILEBLASE CIGARETTE REF ILL CARTRIDGES SOLD EMPTY AND ATOMIZERS; AND SMOKELESS CIGARETTE VAPORIZER PIPE First Used: 18-JAN-2019 (IC 34) In Commerce: 18-JAN-2019

VANWU App 88278363 App 28-JAN-2019 Registered INT. CL. 34 CARTOMIZERS, NAMELY, SHEN ZHEN SHI Reg 5838922 Reg 20-AUG-201 9 COMBINATI ON ELECTRONIC BAI JI YOU PIN CIGARETTE REF ILL CARTRIDGES SOLD DIAN ZI SHANG EMPTY AND ATOMIZERS, SOLD AS A WU YOU XIAN COMPONENT OF ELECTRONIC GONG SI (China) CIGARETTES; CIGARETTE CASES; ELECTRONIC CIGARETTES; FILTER TIPS; LIGHTERS FOR SMOKERS; LIQUID NICOTINE SOLUTIONS FOR USE IN ELECTRONIC CIGARETTES; SMOKERS' MOUTHPIECES FOR CIGARETTES; TOBACCO PIPE CLEANERS; TOBACCO PIPES; TOBACCO POUCHES First Used: 28-NOV-2018 (IC 34) In Commerce: 28-NOV-2018

FOCUS V App 88272004 App 23-JAN-2019 Registered INT. CL. 34 BOXES FOR ELECTRONIC FOCUS HI-TECH Cross References: Reg 5894827 Reg 29-OCT-2019 CIGARETTES AND ELECTRONIC CO., LI MITED FOCUS 5 CIGARETTE ACCESSORIES; (China) CARTOMIZERS, NAMELY, COMBINATI ON ELECTRONIC F9CUS V CIGARETTE REFILL CARTRIDGES SOLD EMPTY AND ATOMIZERS , SOLD AS A COMPONENT OF ELECTRONIC CIGARETTES; CASES FOR ELECTRONIC CIGARETTES AND ELECTRONIC CIGARETTE ACCESSORIES; CIGAR CASES; CIGAR CLI PPERS; CIGAR CUTTERS; CIGAR HOLDERS; CIGAR HUMIDIFIERS; CIGAR LI GHTERS; CIGAR TUBES; CIGAR WRAPS; CIGARETTE- ROLLING MACHINES; CIGARETTE FILTERS ; CIGARETTE HOLDERS; CIGARETTE LIGHTER HOLDER NOT OF PRECIOUS METAL; CIGARETTE PAPER; CIGARETTES; CIGARETTES CONTAINING TOBACCO SUBSTITUTES, NOT FOR MEDICAL PURPOSES; CIGARS; ELECTRONIC CIGARETTE ATOMIZERS SOLD EMPTY; ELECTRONIC CIGARETTE BOXES; ELECTRONIC CIGARETTE CASES; ELECTRONIC CIGARETTE HOLDERS; ELECTRONIC CIGARETTE LI QUID (E- LIQUID) COMPRISED OF VEGETABLE GLYCERIN; ELECTRONIC CIGARETTES AND ORAL VAPORIZERS FOR SMOKERS; ELECTRONIC CIGARS; FLAVORINGS, OTHER THAN ESSENTIAL OILS, FOR USE IN ELECTRONIC CIGARETTES; HERBS FOR SMOKING; HOOKAHS; LIGHTERS FOR SMOKERS; MATCHES; SMOKELESS CIGAR VAPORIZER PIPES; SMOKELESS CIGARETTE VAPORIZER PIPE; SMOKERS' ORAL VAPORIZER REFILL CARTRIDGES SOLD EMPTY ; TOBACCO PIPES; CIGAR AND CIGARETTE BOXES; ELECTRIC CIGARS; TOBACCO WATER PIPES First Used: 01 -NOV-2018 (IC 34) In Commerce: 01-NOV-2018 TSDR records and registration certificates for the aforementioned U.S. Trademark Registrations are attached hereto in t he form of Exhibit 3.

Conclusion In conclusion, Applicant's empty electronic cigarette and vaporizer refill cartridges are not "drug paraphernalia" within the meaning of the CSA because they are filled by third parties after sale w ith law ful hemp-based oil. Even if Applicant's goods are deemed to be "drug paraphernalia" under the CSA, §863(f)(l) and (2) exempt Applicant' s goods from the general prohibition of the CSA because the distribution of Applicant's goods is permitted by Colorado law and Applicant's goods are tradit ionally used with tobacco products. Finally, as numerous third party registrations identifying goods traditionally used with tobacco products similar to Applicant's goods have previously been registered by the Office, the record support s registration of Applicant's mark. Applicant's mark is in lawful use in commerce and Applicant respectfully requests w ithdrawal of the refusal t o register the mark. Should t he Examining Attorney have any questions regarding the foregoing, please contact the undersigned at (303) 863-9700. Exhibit 1 1/2/2020 O.PenVAPE Reserve CBD Vape Cartridge 500mg

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© 2019 BUD MAN OC DELIVERY I IRVINE, CA 92618 Exhibit 2 12/12/2019 E-cigarettes: Facts, stats and regulations

- tt s: Facts, stats a d regula ion Nov. 11 , 2019 24 min read

Electronic nicotine delivery systems !ENDS) go by many names. The most common name is "e-cigarette," but others such as e-cigs, vapes, vape pens, mods and tanks are common terms. Recently, thee-cigarette brand JUUL has become so ubiquitous among youth that "JUULing" is also used as a common verb for all e-cigarette use. For the purposes of this resource we refer to the entire category as "e-cigarettes."

WHAT IS AN E-CIGARETTE?

• E-cigarettes are devices that operate by heating a liquid solution to a high enough temperature so that it produces an aerosol that is inhaled.

• Solutions, sometimes called e-liquids, almost always include nicotine, flavoring and a humectant, such as propylene glycol, to retain moisture and create the aerosol when heated. o Whi le many of the flavorings and humectants used in e-liquids have been approved by the Food and Drug Administration for oral consumption, they have not been approved for inhalation. Thus, their health consequences are not well known when consumed in this manner.

o There is an ongoing outbreak of significant lung illness and death 12,051 reported cases and 39 deaths as of November 5, 2019) due to vaping. Most of these cases lover 80%). but not all, were from users who reported use of THC vaporizer products. On November 8, 2019, the CDC identified vitamin E acetate as a significant concern in the outbreak finding the chemical in all 29 samples it had analyzed from victims. The CDC states, "it is possible that more than one compound or ingredient could be a cause of lung injury, and evidence is not yet sufficient to rule out contribution of other toxicants." It continues to advise non-

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 1/35 12/12/2019 E-cigarettes: Facts, stats and regulations smokers to avoid vaping of any variety and especially products purchased ''off the street."

• Older generations of e-cigarettes used a form of nicotine called free-base nicotine. The most recent generation of e-cigarettes on the market, which include pre-filled pod systems like JUUL and refillable systems like Suorin Drop and Kandypens, use nicotine salts in thee-liquids. o The nicotine salt formulas allow for much higher levels and efficient delivery of nicotine with less irritation compared to earlier generations of e-cigarettes - prompting questions about the use, purpose and safety of this novel form of nicotine.

o Higher nicotine e-cigarettes have driven the surge in e-cigarette sales in recent years, with those containing at least 4% nicotine comprising nearly three-quarters of thee-cigarette market in 2018. Unlike in Europe, where e-cigarette nicotine concentrations cannot exceed 2%, there are no nicotine concentration restrictions in the United States.

• While using an e-cigarette is often called "vaping,'· the devices produce an aerosol, not a vapor. o Unlike vapor, which is simply a substance in gas form, the aerosol from an e­ cigarette contains tiny chemical particles from both the liquid solution and the device [e.g., metals from the heating coill. There is evidence to suggest that these particles lead to cardiovascular injury, with links to negative effects on resting heart rate, blood pressure and the cells that line the blood vessels.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 2/35 12/12/2019 E-cigarettes: Facts, stats and regulations

Evolution of the e-c1garette

OlgaUke I/ape pen 8ox mod Vape pod

Source: ht Ip<:. ://www ,ruthlessva por.corn/blogs/rut hless-e-liquid/ n,cotine-salt-devices-vape-pods

WHAT ARE THE TYPES OF E­ CIGARETTES?

• When e-cigarettes first began entering the market around 2007, some devices were designed to resemble regular cigarettes, while others looked more like cigars, pipes, pens and even USB flash drives.

• To account for the diversity in product design, some researchers have classified e­ cigarettes as first, second or third generation devices.

• A first generation e-cigarette is one that closely resembles a cigarette and is disposable.

• A second generation e- cigarette is a larger, usually pen-shaped device, that can be recharged.

• A third generation e-cigarette refers to devices that do not resemble a combustible cigarette and often have very large and sometimes customizable batteries. Some parts

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 3/35 12/12/2019 E-cigarettes: Facts, stats and regulations may be replaceable, which is why they are sometimes called "mods." These devices are refillable.

• More recently, e-cigarettes that have a sleek, high-tech design and easily rechargeable batteries have entered the market. o The most popular, JUUL, emerged in 2015 and quickly established itself as a leading e-cigarette product, comprising nearly three-quarters (73.4%) of thee­ cigarette marketplace by July 2019.

o ··copycat" products, such as Suorin Drop, myblu and Vuse Alto, follow JUUL·s blueprint of high-tech design and high nicotine delivery through the use of nicotine salt e-liquid formulations. These devices are all often referred to as "JUUL" due to the ubiquity of the brand, but they are also referred to as "pod mods·· because thee- liquid is sold in self-contained disposable pods.

o The enormous popularity of JUUL has encouraged copycat devices that are specifically compatible with JUUL, including Eonsmoke and Vapo r4Life, that deliver similarly high amounts of nicotine in sleek. discreet devices or in devices that either use JUUL pods or have pods that can be used in JUUL devices.

HOW MUCH NICOTINE IS IN AN E­ CIGARETTE?

Nicotine levels in e-cigarettes are highly variable, with some reaching or exceeding levels found in combustible cigarettes.

• Labeling is not always a reliable indicator of nicotine content, as studies have found mislabeling to be a common issue in the category.

• The way an e-cigarette is used or modified also affects the delivery of nicotine to an individual user.

• Some e-cigarette products deliver nicotine as efficiently as a cigarette. The use of nicotine salts also lowers the pH of e-liquids, which allows higher concentrations of nicotine to be delivered with less irritation. For example, the maker of JUUL claims the product has a nicotine content like traditional cigarettes, and that it delivers the nicotine up to 2.7 times faster than other e-cigarettes.

• In the U.S., JUUL devices were originally introduced with a 5% nicotine salt pod. Following suit, JUUL competitors began offering nicotine salt concentrations as high https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 4/35 12/12/2019 E-cigarettes: Facts, stats and regulations as 7% in what has been called a "nicotine arms race." However, in 2018, JUUL introduced a lower nicotine pod, with 3% nicotine strength.

• In addition to the rate of nicotine delivery, the nicotine content of products like JUUL also raises concerns about the potential for addiction. A 2018 Truth Initiative study published in Tobacco Control found that among current youth and young adult JUUL users, the majority - 63% - did not know that the product always contains nicotine. Anecdotally, youth are reporting signs of severe dependence, such as inability to concentrate in class, using an e-cigarette upon waking, and using e-cigarettes at night after waking with a craving.

Heated tobacco products

In addition toe- cigarette products, tobacco companies have begun introducing tobacco heating systems or, as the industry calls them, " heat-not-burn" tobacco products. These devices work by heating tobacco instead of burning it. Sometimes https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 5/35 12/12/2019 E-cigarettes: Facts, stats and regulations the tobacco is treated with a humectant like propylene glycol to produce an aerosol inhaled by the user. Manufacturers claim this delivery method is substantially less harmful than traditional cigarettes, but current data on hea lth effects of these devices are sparse and most of what has been published has been by tobacco industry scientists.

In 2019, the FDA allowed the first type of tobacco heating system to be marketed and sold in the U.S. IQOS, produced by Philip Morris International IPMll. is now be ing sold in select test markets by Altria around the country. Data in foreign markets submitted by PMI indicate that dual use of heated tobacco products along with cigarettes is, by far, the most dominant pattern of use, which raises substantial issues about what impact they might have on overall public health. Notably, research has shown that dual use is not associated with reduced cigarette use, but rather increased exposu re and poorer health outcomes than using cigarettes ore­ cigarettes alone. Read comments and potential concerns from Truth Initiative on the IQOS application. Truth Initiative will continue to monitor patterns of use as the product becomes more common in the U.S.

ARE E-CIGARETTES LESS HARMFUL THAN CIGARETTES?

It is generally accepted that e-cigarettes produce fewer ot the toxins found in cigarette smoke. However, it is becoming increasingly apparent that this frame is not adequate to tell the entire story regarding individual health impacts. The most recent evidence suggests that e-cigarettes may pose their own unique health harms and that comparison to cigarettes may not be the only relevant question for determining their impact on individual health. Indeed, the growing evidence of potential health risks related to e-cigarette use has led some researchers to question whether e-cigarettes are safer than combustible cigarettes. For more information see "Health Effects"

The recent outbreak of vaping related lung injuries also supports caution with respect toe-cigarettes. While a substantial number of cases in the recent outbreak of vaping related lung illness [see "Health Effects" on p. 18] appear to be related to THC vaping https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 6/35 12/12/2019 E-cigarettes: Facts, stats and regulations and the CDC recently identified vitamin E acetate as a chemical of significant concern, the agency has been cautious to say it has not found a single cause and continues to recommend caution with respect to all vaping as the investigation continues. At minimum, this outbreak dramatically demonstrates the dangers of an unregulated market in inhaled substances with no premarket review for consumer safety.

We also note the frequently cited claim from Public Health England that e-cigarettes are definitively - 95% - safer than traditional cigarettes. First, this analysis was originally conducted in 2015, prior to recent research on health effects of vaping. Moreover, further analysis into the original research finds that the evidence for such a statistic remains unclear and not fully comprehensive, among other concerns about author and funding conflicts of interest. The Public Health England claim also fails to acknowledge the reality of the potential for negative net public health impact among a population of users that have otherwise never used tobacco products or the lack of clinical and long-term evidence of these products· safety in humans, regardless of current smoking status.

While a 2018 National Academies of Sciences, Engineering, and Medicine report found substantial evidence that exposure to toxic substances from e-cigarettes is significantly lower compared to combustible cigarettes, recent studies are showing that is not the end of the story on health impact. It now appears that e-cigarettes may present their own unique health risks, including to the respiratory and cardiovascular systems. Given the products' relatively recent introduction to the marketplace, further research is needed to evaluate the short and long term health impacts of e-cigarettes.

The evidence fore-cigarettes· effectiveness as a cessation tool also remains inconclusive and, until an FDA review, the safest, most evidence-based cessation strategy should include a combination of counseling, nicotine replacement therapy, and/ or cessation drugs like varenicline, approved by the FDA. Moreover, while the basic technology behind e-cigarettes is consistent, there is enormous variability within the product category and there is no typical e-cigarette. The products include different ingredients, different hardware and deliver highly variable amounts of nicotine and potentially toxic chemicals, including heavy metals such as cadmium, lead, nickel, tin and copper. This variation makes it difficult to issue overall public health recommendations about the category and demonstrates the huge and long-standing need for pre-market review of these products.

Consumers need to consistently know what they are getting and whether it is safe - particularly from a product designed to deliver chemicals by frequent inhalation. The growing evidence of potential health risks and lung injuries related toe-cigarette use https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 7/35 12/12/2019 E-cigarettes: Facts, stats and regulations has led researchers to question whether e-cigarettes are safer than combustible cigarettes.

Current e-cigarette use among middle and high school students

High school students:

2011

Middle school students:

5% IQ% 15"/i 200/c, 25% 30%

Source: 2019 National Youth Tobacco Survey

PATTERNS OF USE

E-cigarette use has increased in recent years, especially among youth and young adults, who use e-cigarettes more than any other age group. In 2018, the rapid rise of tobacco products led the U.S. surgeon general to issue an advisory about the youth e­ cigarette ''epidemic." Since then, rates have only increased, and e- cigarettes are now by far the most commonly used tobacco product among youth. YOUTH

The last five years have seen enormous spikes in youth e-cigarette use rates.

• In 2017, 11 % of high school students had used an e-cigarette in the past 30 days. By 2018, that number had risen to 21 % and, by 2019, 27.5% of high school students had used e-cigarettes in the past month.

• Compared with the very small amount of youth use in 2011 [1 .5%], this represents an increase of more than 1,800% in just eight years, with a substantial increase occurring between 2013 and 2015, when use rose from 4.5% to 16%, coinciding with the emergence of JUUL.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 8/35 12/12/2019 E-cigarettes: Facts, stats and regulations • The current use rate among middle schoolers rose from 0.6% in 2011 to 10.5% in 2019.

• Using e-cigarettes has been shown to increase the likelihood of smoking cigarettes among young people, raising concerns that e-cigarettes are acting as entry nicotine products that may lead to use of more dangerous nicotine products. According to a recent study, U.S. youths are 4 times more likely to try cigarettes and 3 times more likely to currently use cigarettes if they previously used e-cigarettes. The study also estimated that e-cigarettes are likely responsible tor 22% of new ever cigarette use !trying a cigarette] and 15.3% of current cigarette use for the same group - totaling nearly 200,000 new cigarette initiators.

• Many young e-cigarette users do not know what is in the products they are using. A recent study found that 99% of all e-cigarette products sold at convenience stores, supermarkets and similar outlets contain nicotine. Yet, many young people aren't aware that the products they use. like JUUL, contain nicotine. In fact, a Truth Initiative study showed that nearly two-thirds of JUUL users aged 15-21 were not aware the product always contains nicotine.

• As rates of use increase, we are also seeing the frequency of use [how many times a user vapes in a day] go up, indicating that users are not simply experimenting with e­ cigarettes but are instead using them habitually. The 2019 National Youth Tobacco Survey data show that 34.2% of current high school e-cigarette users and 18.0% of current middle school e-cigarette users use e-cigarettes on 20 days or more per month and Monitoring the Future found that in 2019, 11.7% of high school seniors vape every day, suggesting that more users are becoming dependent on these products.

• Youth e-cigarette users cite flavors as a top reason they began using e-cigarettes, second only to use by a family member or friend. o A study that included middle and high school students reported that 43% of young people who ever used e-cigarettes tried them because of appealing flavors.

o The FDA has also reported that, among current youth users of e-cigarettes, 97% used a flavored e-cigarette in the past month.

o As much as 98.7% of flavored e-cigarette products sold in convenience, dollar, drug and grocery stores contain nicotine.

o Despite JUUL removing some flavors from retail stores in April 2019, they continued to hold a majority of the U.S. e-cigarette sales market share. Research suggests that mint and menthol, which remain available for sale, have continued to increase in popularity. 2019 NYTS data show that mint and menthol e-cigarette

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 9/35 12/12/2019 E-cigarettes: Facts, stats and regulations use rose to 57.3% from 51 .2% in 2018 among high school current users, suggesting a switch to these flavors once mango and fruit medley became harder to obtain.

For more information, see "' Flavors··

YOU NG ADULTS

• Like youth, young adults aged 18-24 are also using e-cigarettes at increasing rates. Young adult use of e-cigarettes every day or some days increased from 2.4% in 2012 and 2013 to 5.2% in 2017, and increased again to 7.6% in 2018 based on a recent analysis.

• A 2016 report from the Behavioral Risk Factor Surveillance System survey found that 44.3% of young adult current e-cigarette users were never smokers before trying e­ cigarettes.

• Compared with adults aged 25 and older, young adults are more likely to try e­ cigarettes and report having used e-cigarettes in the past 30 days.

• A study in Mississippi suggests that using JUUL leads to more sustained use than other e-cigarettes. It concluded that the continued use of JUUL by Mississippi undergraduate students was more likely than the continued used of other e-cigarettes after an initial trial. The study found that 30-day use was three times higher among those who had tried JUUL than a different e-cigarette.

• The growth in the popularity of e-cigarettes among young adults has caused concerns that use will lead to the initiation of cigarettes and other tobacco products.

Adults who currently use e-cigarettes as of 2018

18-24 YEARS OLD ~

2% 6%

Source: 2018 National Health ln(erview Survey

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 10/35 12/12/2019 E-cigarettes: Facts, stats and regulations ADULTS

• E-cigarette use has remained relatively low and stable among adult users since around 2012. Between 2012 and 2013, 2.4% of adults aged 25-44 and 2% of adults aged 45-64 used e-cigarettes. By 2016, the rates had increased to 4.2% and 2.8%, respectively. The most recent data for the year 2018 show current use of e-cigarettes remaining at 4.2% among adults 25-44 and 2.1% among adults aged 45-64.

• The overall adult rate of e-cigarette use in 2018 was 3.2%, down from 3.7% in 2014.

• Those aged 45 and older are significantly less likely to have ever tried an e-ciga rette compared to young adults.

DUAL USE OF TOBACCO PRODUCTS

Among all age groups, e-cigarettes are most commonly used by those who also use other tobacco products, such as combustible cigarettes. This pattern is commonly referred to as "dual use" or "poly tobacco use."

Among adult users, this is a troubling pattern because it suggests that some e­ cigarette use may be supplementing smoking instead of replacing it. Because there is no safe level of smoking, there are concerns that this behavior (i.e., people choosing to ··cut down" instead of quitting smoking entirely]. Some individuals using e-cigarettes to quit may experience a period of dual use as they transition between products, complicating the issue.

Among youth, the data tell a different narrative. A 2018 report from the NASEM concluded that there is "substantial evidence that e-cigarette use increases risk of ever using combustible tobacco cigarettes among youth and young adults," suggesting that e-cigarette use itself is a risk factor, not just a correlation with smoking. More recent studies have suggested that young e-cigarette users are four times more likely to begin smoking cigarettes compared to their peers who do not use e-cigarettes.

DUAL USE PREVALENCE

• Among adults in 2016 , 54.6% of current e-cigarette users also smoked ci garettes.

• Among adults who used more than one tobacco product in 2017, the most common combination was cigarettes and e-cigarettes.

• Dual use of e-cigarettes and cigarettes is highly common among youth and young adults.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 11 /35 12/12/2019 E-cigarettes: Facts, stats and regulations • A nationally representative survey in 2016 found that among youth and young adult e­ cigarette users aged 13-25, more than half [55.9%] used another tobacco product in addition toe-cigarettes.

• Among young adults aged 18-35, e-cigarette use was associated with more frequent cigarette smoking and more intensive cigarette use.

• Young adults [18-35] who used e-cigarettes the previous year increased their odds of daily cigarette use by 1.6 7 and increased their odds of being diagnosed with tobacco use disorder by 2.58.

JUUL

Since 2016, thee-cigarette brand JUUL has surged in popularity among young people and, as of October 2019, holds 64.4% of thee-cigarette market share measured by Nielsen. The traditional tobacco industry took notice of JUUL's rapid https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 12/35 12/12/2019 E-cigarettes: Facts, stats and regulations ascent. In 2018, Altria, the makers of Marlboro cigarettes, acquired a 35% stake in the company for $12.8 billion. In September 2019, an Altria executive replaced the former head of JUUL as CEO.

A 2017 study by Truth Initiative found 25% of survey respondents, aged 15-24, recognized a JUUL e-cigarette device when shown a photo of the product. And among those who recognized JUUL, 25% reported that use of this product is called "JUULing," indicating that this product is so distinctive, it's perceived as its own category. However, it's likely that recognition is higher now given that JUUL's sales market share continued to rise throughout 2018 and top out at 75% among U.S. e­ cigarette sales in July 2019.

The most recent data from the CDC's 2019 National Youth Tobacco Survey confirms JUUL's grip on America's kids. More than 59% of high school e-cigarette users reported that JUUL was their "usual brand." Among middle school e-cigarette users, the number was more than 54%. This equates to more than 3 million children reporting regular use of JUUL. Investigative reporting by Reuters shows that even early in its operations, JUUL was aware that its products were attracting unprecedented youth use, yet, in the face of enormous revenue growth, the company failed to take effective action to stem that trends.

Flavors are a top reason why young people begin using e-cigarettes. A 2018 Truth Initiative survey found that mint was among the top three favorite flavors among young JUUL users aged 12-24, meaning they chose it last time they vaped. New research shows that mint and menthol e-cigarette use among high school users rose from 16% in 2016 to 57.3% in 2019. Among high school JUUL users, 67.5% reported that their preferred flavor was mint or menthol. Another study, conducted before JUUL pulled its other flavors from the market, found that mint was one of the most popular flavors among high school student JUUL users, but that menthol was less so. However, study authors themselves caution that leaving both mint and menthol on the market undermines the purpose of removing flavors - which is to prevent kids from using e-cigarettes at all.

Promoted as a "satisfying alternative to cigarettes," JUUL is putting a new generation of youth at risk of nicotine dependence and future cigarette use.

• JUUL ha s spent more than $1 million to market its products on the internet and ha s paid for campaigns on Twitter, lnstagram and YouTube. However, recently https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 13/35 12/12/2019 E-cigarettes: Facts, stats and regulations JUUL announced that it would "suspend all broadcast, print and digital advertising in the U.S." It was not clear from the announcement how long that suspension would last.

• JUUL also hired social media influencers for product promotion. The company had an entire department dedicated to influencer marketing and specifically looked for influencers under 30 and created a "VIP Portal" for celebrities.

QUITTING SMOKING

There are substantial research gaps in proving the effectiveness of e-cigarettes as quit smoking aids. The 2018 NASEM report found limited evidence on the effectiveness of e­ cigarettes to promote quitting. Additionally, e-cigarettes are not approved as quit aids by the U.S. Preventative Service Task Force or the FDA.

While some evidence supports the use of e-cigarettes as quit devices, recent research suggests that their efficacy for quitting is overstated.

• A study published in 2016 reported that within two randomized control trials, e­ cigarettes with nicotine helped individuals quit better than non-nicotine e-cigarettes. The NASEM also reported that more frequent e-cigarette use may increase an individual's likelihood to quit smoking.

• A 2019 study by the U.K. National Health Service published in the New England Journal of Medicine found e-cigarettes may help adults quit. A group assigned toe-cigarettes as a combustible tobacco replacement were more likely to remain abstinent at one year compared with a group using nicotine replacement products [18% versus 9.9%]. However, a majority of e-cigarette users were still using e-cigarettes at the one-year follow-up. Researchers noted the study was based on a middle-aged adult population [median age of 41] actively seeking to quit smoking and receiving at least four weeks of behavioral support. Notably, the U.K. also places severe restrictions on the marketing of e-cigarettes.5 No similar study has replicated these results in the U.S.

• Another recent 20 19 study ex ploring whether e-cigarettes· presence on the U.S. market has inspired more successful quit attempts found that users of e-cigarettes had 70% lower od ds of quitting than non-users. https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 14/35 12/12/2019 E-cigarettes: Facts, stats and regulations While some e-cigarettes may be an effective resource for quitting smoking, the diversity of products as well as the variations in quality and the lack of regulation make determining the potential of any particular product as a quit aid difficult. Some smokers have switched toe-cigarettes or used them to quit tobacco completely; however, e-cigarettes, unlike FDA-approved cessation therapies, lack an evidence base that demonstrates their safety and efficacy. Truth Initiative supports regulation that encourages the development of consistently less harmful nicotine delivery alternatives that allow smokers to quit tobacco altogether or switch completely to a much less harmful, well-regulated product.

One study shows that product appeal, including flavoring, is likely to encourage smokers to try to use e-cigarettes to quit or switch completely. But, because the youth e-cigarette epidemic in the U.S. and the youth appeal of flavored e-cigarettes go hand in hand, Truth Initiative strongly supports removing flavored e-cigarettes from the market, pending an FDA review. Given what we now know about how dramatically flavors influence youth e-cigarette use, the burden should be high. We support a permanent ban on flavors unless a manufacturer can demonstrate three things to the FDA: 1l that a particular flavor helps current tobacco users to stop smoking, 2) it will not lead non-tobacco users [such as youth) to start, and 3) it does not increase the risk of harm from using the product. In addition to flavor restrictions, Truth Initiative supports strong regulations to keep all tobacco products, including e-cigarettes, away from youth. [See "Action Needed" for more information.)

Age differences: Reasons fore­ cigarette use

Tobacco and Health study show that the leading reason for youth and young adult e­ cigarette use is "they come in flavors I like" - with 77.9% and 90.3% selecting this as a reason, respectively. In comparison, only 66.4% of adults aged 25 and over selected this as a reason.

The FDA has also reported that, among current youth users of e-cigarettes, 97% used a flavored e-cigarette in the past month. Youth and young adults had more than https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 15/35 12/12/2019 E-cigarettes: Facts, stats and regulations three times the odds of using fruit-flavored e-cigarettes compared to older adults.

The leading reason fore-cigarette use among adults (25 and older] was the belief that e-cigarettes may be less harmful than combustible cigarettes both to themselves and others, with 79% selecting this as a reason. Additionally, 7 in 1D (71 .5%] adults indicated that they believed e-cigarettes could facilitate quitting.

HEAL TH EFFECTS

To date, no one knows the long-term effects of e-cigarette use, although research continues to investigate some of the rapidly emerging evidence of adverse effects on lung and cardiovascular health.

• A recent and robust research literature review of e-cigarette health effects found that use of these products has been associated with increased odds of chronic cough, phlegm and bronchitis, as well as asthma diagnoses.

• Ongoing case studies and in vitro research that exposed human tissue toe-cigarette aerosol suggested that e-cigarettes may be causing quantifiable injury to the small airways of the lungs and were associated with a number of inflammatory diseases of the respiratory system, like pneumonia and interstitial lung disease.

• Human cells exposed to vaped e-liquid have also been found to have decreased viability, with certain flavor compounds posing particular cell toxicity risks. Other studies also showcased impaired immune cell function in the lungs, raising questions about e-cigarette users· susceptibility to bacterial and viral infections of the respiratory system. There is uncertainty regarding the way these infections may manifest given the potential for other lung injury and inflammation in lung tissue from e-cigarette use.

• The first study to link e-cigarette use to cancer was published in October 2019. Researchers found that mice exposed toe-cigarette aerosol for 54 weeks developed carcinomas of the lungs and abnormal bladder cell growth.

• Research has also found that some flavors are potentially more toxic than others.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 16/35 12/12/2019 E-cigarettes: Facts, stats and regulations

o Researchers found that exposure to increased cinnamon flavoring caused significant cell death compared to other flavors.

o Another concern related to flavoring stems from pulegone - a compound found in prepared oil extracts of certain mint plants. Pulegone is a known carcinogen and the tobacco industry has in the past reduced the amount of this compound in menthol tobacco products as a result of toxicity concerns. The FDA banned pulegone as a food additive in 2018, yet studies have identified that substantial amounts of this additive are found in mint and menthol e-liquid in the U.S. - raising concerns about the potential toxicity of these popular flavors.

o Research also indicates that mixing multiple flavors can be more toxic to cells than exposure to just one flavor at a time.

• Research regarding the impact of e-cigarettes on cardiovascular health has yielded mixed results. Some studies have shown that short-term exposure toe-cigarette aerosol has no measurable harm on cardiovascular health. However, others suggest negative effects on resting heart rate, blood pressure and the cells that line the blood vessels. More extensive research is needed to gain perspective on the long-term effects of e-cigarette use on heart health, which have yet to be identified.

• Another pressing concern of e-cigarette use on cardiovascular health is the creation of carbonyl compounds from e-cigarette aerosol. Carbonyls are created when propylene glycol and glycerol - common solvents in e-liquid - are exposed to the high heat of an e-cigarette co il. Many of these carbonyl compounds have been previously associated with an increased risk of blood clot and atherosclerosis - a disease in which plaque builds on the wa lls of arteries, narrowing blood flow.

More research over a longer time period is needed to understand the full breadth of health consequences associated with the use of e-cigarettes as well as how their use compares to the well-established negative effects of long-term combustible cigarette use.

Federal investigations into vaping­ related illnesses

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 17/35 12/12/2019 E-cigarettes: Facts, stats and regulations The emergence of vaping-related illnesses, which have prompted federal health agencies· investigations and advisories, underscores the urgency of research.

As of November 5, 2019, more than 2,000 vaping-related illnesses and 39 deaths have been reported to the CDC. A review of some of the affected e-cigarette users in two states reported that a majority of patients were experiencing cough, labored breathing, reduced blood oxygen levels and elevated white blood cell counts.

Research by Mayo Clinic of 17 patients with vaping related lung issues found that the injuries resembled "exposures to toxic chemical fumes, poisonous gases and toxic agents." Because a large proportion of the cases with specific substance use information available involved individuals who vaped THC [either exclusively or along with nicotine], the FDA has recommended that consumers not purchase vaping products of any kind on the street and avoid using THC oil or modifying store-bought products. The CDC has also recently identified vitamin E acetate, a chemical found most often in illegal THC vaping products, as a primary chemical of concern in the outbreak.

The CDC has recommended that those who use vapes consider not using them and that children and women who are pregnant should not use e-cigarettes regardless of the outcome of this investigation. For those who vape and experience similar symptoms, the CDC recommends seeking prompt medical care. It is important to note, though, that the CDC continues to state, "it is possible that more than one compound or ingredient could be a cause of lung injury, and evidence is not yet sufficient to rule out contribution of other toxicants."

ADDICTION AND BRAIN DEVELOPMENT

Nicotine is an addictive substance, but its level of addictiveness can vary substantially depending on its mode of delivery. Nicotine delivered by the combustion of tobacco is the most addictive form. The rise in popularity of e-cigarettes that can deliver levels of nicotine similar to combustible cigarettes is causing concern about the potential risk for addiction. https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 18/35 12/12/2019 E-cigarettes: Facts, stats and regulations • Exposure to nicotine among youth is particularly dangerous since it has been shown to have an effect on key brain receptors, making young people more susceptible to nicotine addiction.

• There is some evidence that the effect of nicotine on developing brains may prime not just nicotine addiction, but greater vulnerability to addiction to other drugs as well.

In young people, the amount of nicotine needed to establish an addiction has been estimated at around 5 mg a day, or roughly one-quarter of an e-cigarette pod . In recognition of these and other risks related to e-cigarettes, the U.S. surgeon general issued an advisory on e-cigarette use among youth, urging parents, teachers, health professionals and states to take action to stop the epidemic among youth.

PREGNANCY

• Because most e-cigarettes contain nicotine, which can alter nerve cell functioning in developing organisms, especially during fetal development, they should not be used by youth or pregnant women.

• Pregnant women who use nicotine are also at a greater risk for stillbirth and preterm delivery.

CHEMICALS

While e-cigarettes may contain fewer toxins than combustible cigarettes, short and long- term effects of their use are unclear. What we do know is that they are not free of toxins and still deliver harmful chemicals.

• At least 60 chemical compounds have been found in e-liquids, and still more are present in the aerosol produced bye-cigarettes.

• Heavy metals such as cadmium, lead, nickel, tin and copper have all been detected in aerosols produced bye-cigarettes.

• E-cigarettes produced fewer free-radicals than combustible cigarettes, however, even low levels of repeated exposure to free-radicals can cause oxidative stress, which increases the risk for cardiovascular and respiratory diseases.

• Researchers have identified several substances which are either harmful or potentially harmful toe-cigarette users, including delivery solvents and propylene glycol, which https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 19/35 12/12/2019 E-cigarettes: Facts, stats and regulations can cause dry mouth and upper respiratory infections as well as pulegone, a known carcinogen.

While e-cigarettes contain far fewer toxins than combustible cigarettes, they are not free of toxins and still deliver harmful chemicals.

EXPOSURE TO E-LIQUID

• Accidental exposure or ingestion of e-liquids can be very dangerous and, in the case of accidental swallowing or injection, even fatal.

• More than 8,000 accidental liquid nicotine exposures were reported by U.S. poison control centers between 2012 and 20 17 in ch ildren aged 6 or younger.

• Nearly 5,000 [4,745] children under the age of 5 were treated in U.S. emergency rooms fore-liquid nicotine exposure from 2013 to 2017. More than half [56.2%] of the children were aged 2 or younger.

EXPLOSIONS

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 20/35 12/12/2019 E-cigarettes: Facts, stats and regulations • Defective, poorly manufactured and improperly modified e-cigarettes have also been known to explode and cause injury. The rate of explosions is unknown, but both hospitals and burn centers have reported injuries from e-cigarettes.

SECONDHAND AEROSOL EXPOSURE

• Exposure to aerosol from e-cigarettes may expose non-users to nicotine, but research in dicates that secondhand aerosol results in substantially lower exposure to toxicants and carcinogens than cigarette smoke. However, exposure among vulnerable populations, including pregnant women and children, could still be dangerous.

LUNG ILLNESS AND SEIZURES

• The FDA is investigating whether a direct relationship exists between the use of e­ cigarettes and seizure risk or other neurological symptoms. As of August 2019, the agency had received 127 reports of seizure or other neurological symptoms that occurred between 2010 and 2019.

• The CDC, FDA and state and local health departments are investigating a multistate outbreak of severe lung injury associated withe-cigarette or vaping product use. As of November 5, 2019, more than 2000 cases of this disease, which CDC is calling "EVALI" IE-cigarette or Va ping product use- Associated Lung Injury] in 49 states, D.C. and the U.S. Virgin Islands. Thirty-nine deaths in 24 states have been confirmed.

INDUSTRY MARKETING AND YOUTH TARGETING

The introduction of e-cigarettes has allowed companies to advertise through traditional outlets that have been heavily regulated to reduce combustible cigarette marketing to children. For example, e-cigarette advertising appears on television and radio, despite the ban on cigarette advertising in both outlets since Congress passed the Public Health Cigarette Smoking Act in 1970. The FDA also banned flavors, except menthol, in combustible cigarettes in 2009 to curb youth appeal, whereas e-cigarettes capitalize on offering many kid-friendly flavors, such as mint, cotton candy and gummy bear.

MARKETING TACTICS https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 21/35 12/12/2019 E-cigarettes: Facts, stats and regulations • Individuals aware of e-cigarettes report that the most common platforms to hear about e-cigarettes are through in-person communications, by seeing them for sale and through online and television advertisements, in which some celebrities have endorsed the products.

• E-cigarettes are promoted heavily online through e-cigarette company-sponsored advertisements, and on YouTube and Twitter.

• More recently, mobile ads have become a popular place to advertise e-cigarettes. Mobile ads, or paid advertisements on smartphone applications and websites optimized for mobile, have the potential to reach millions of young people.

• Some e-liquids have been marketed to look like common food items - many of which appeal to kids. Early examples included marketing e-liquids as "Thin Mints," after the Girl Scouts· cookie and "Tootsie Roll" after the iconic candy. Those were removed. or at least renamed, after the companies owning those copyrights took action to protect their intellectual property. Other food and candy flavors remained on the market. o Since May 2018, the FDA, often in conjunction with the FTC, has taken action against several e-liquid companies that marketed their products to look like candy or other kid-friendly food items, such as Reddi-wip, Ni lla wafers and Warheads candy. The FDA has also recently announced moves to restrict the sale of candy- or fruit-flavored e-cigarettes. For more, see " Policy Environment" l tlWIUa -·-6IIO 6011.

YOUTH EXPOSURE TO ADVERTISING

• Youth may be exposed to pro-tobacco content and advertising on social media through various sources, including commercial brands as well as their own peers or influential accounts they follow. The nature of social sharing allows branded or promotional content to virally spread across platforms, which can increase youth exposure to overt marketing and pro- tobacco content posted by influential peer network members.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 22/35 12/12/2019 E-cigarettes: Facts, stats and regulations • By 2016, nearly 4 out of 5 middle and high school students, or more than 20 million youth, saw at least one e-cigarette advertisement.

• Young people were most likely to see ads at retail stores (68%). followed by the internet [41 %1. television (38%) and newspapers and magazines [24%1. Between 2014 and 2016, exposure to retail e-cigarette advertising among young people jumped nearly 20%.

• Mobile device ownership is most prevalent among young people, and research has shown that mobile ads may attempt to capitalize on young audiences by highlighting the product as "cool" or "high tech" and by featuring flavored ads.

• A recent study conducted by Stanford University School of Medicine found JUUL advertisements strikingly similar to traditional tobacco advertising in tone and imagery [smoking as pleasurable, relaxing, stylish or romantic).

• JUUL has also targeted children as young as third grade by funding summer camps, visiting schools and paying community and church groups to distribute their materials, according to recent congressional testimony.

• On Oct. 17, 2019, JUUL announced that it would "suspend all broadcast, print and digital advertising in the U.S." It was not clear from the announcement how long that suspension would last.

Where young people are most likely to see e-cigarette ads

RETAIL STORES El

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20% 30% 60% 70%

E-CIGARETTES ON SOCIAL MEDIA

• JUUL spent more than $1 million to market its products on the internet and has paid for campaigns on Twitter, lnstagram and YouTube. https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 23/35 12/12/2019 E-cigarettes: Facts, stats and regulations • Because JUUL relied heavily on social media advertising for its launch, unlike other e­ cigarette brands who focused their marketing through traditional outlets (e.g., TV], teen and young adults made up a significant majority of JUUL's social media audience.

• JUUL also hired social media influencers for product promotion. They had an entire department dedicated to influencer marketing and specifically looked for influencers under 30 and created a "VIP Portal" for celebrities.

• As of October 2018, 11 JUUL-centric YouTube videos from users had more than 1 million total views. In November 2018, JUUL's lnstagram account had 77,600 followers and #juul had 260,866 postings. By January 2019, JUUL's hashtag had 336,308 posts.

• On Nov. 13, 2018, JUUL Labs announced they would be shutting down their U.S.-based Facebook and lnstagram accounts in an effort to curb youth e-cigarette interest and use. The official Twitter account remains active.

• There were 366,786 JUUL-related tweets in 2017, 17 times more than the previous year. A 2018 study found the surge of tweets mirrored JUUL's sizable growth in retail sales.

• A 2018 study found that exposure toe-cigarette advertisements on social media among young adults was strongly associated with positive expectations of e-cigarette use - like the idea that using e-cigarettes would provide a pleasurable taste and smell and that it was safe and socially acceptable. These outcomes were also found to be directly correlated with current use.

• Even among non-smokers, exposure and marketing through social media linked e­ cigarettes with increased perceptions of stylishness and popularity. Of the study participants, 19% regularly saw e-cigarette ads on Facebook and 16% on lnstagram. Even more reported seeing posts about e-cigarettes.

• The largest e-cigarette forum Ur/electronic_ cigarette] on reddit has 150,000 subscribers.

• Another subreddit, titled /r/UnderageJUUL, at one point contained 844 members before it was shut down by reddit. Posts included discussions of flavors as well as methods of obtaining JUULs or pods. Most posts in this thread did not reference age, but those that did mentioned ages from 13 to over 21.

• A study found that e-cigarette users who are male and younger were the most likely to participate in discussion forums online related toe-cigarettes.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 24/35 12/12/2019 E-cigarettes: Facts, stats and regulations • Another study analyzed all public active profiles following JUUL's official Twitter account in April 2018. Of the 9,077 active individual followers, researchers estimated that 80.6% were aged 13-20, despite the account stating that one must be 21 + to follow.

• Additional research has shown that celebrity endorsements of e-cigarettes on social media can have an impact on young adults. A study of college undergraduates found that the appearance of ce lebrities on an e-cigarette social media brand page significantly increased intentions to use e-cigarettes and positive attitudes towards the devices. This effect was not seen in those who saw non-celebrity endorsers or pages displaying only the product.

Non-smokers regularly saw e-ciga rette ads on social media

Source: Lin X, Spence PR, Lachlan KAJC,HB. Social media and credibility indicators: The effect of influence cues. 20 l 6;63:264-271.

WHERE E-CIGARETTES ARE SOLD

• It is difficult to monitor and analyze the market due to differences in the tracking of e­ cigarette sales. Common sales-tracking and retail measurement companies like Nielsen do not examine vape shop data, which may constitute as much as 20% of the market.

• E- cigarettes are sold at conventional tobacco retailers, such as convenience stores, gas stations, pharmacies and tobacco shops. They are also sold at non-traditional retailers such as on line retailers or vape shops.

• In 2018, the FDA contacted eBay and raised concerns about the site's continued sales of JUUL and other tobacco products - something that was against their company policy. As a result, eBay agreed to work with the FDA and has tried to remove those listings from its website. It also published an explicit policy outlining the reasons why tobacco products cannot be sold on their site. However, recent reviews of eBay found

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 25/35 12/12/2019 E-cigarettes: Facts, stats and regulations the site still sells accessories for JUUL, such as chargers and "skins" that wrap around JUULs to personalize them.

• Because these non-traditional sources are not tracked by scanner data or other tracking, it is difficult to know how much of the market they represent. However, analysts have made some estimates. One paper noted that in 2014, traditional tobacco outlets accounted for less than one-third of the $2.5 billion e-cigarette market. According to one recent estimate, the breakdown of retail channels for the 2019 e­ cigarette market is: o Vape shops: 19%

o Convenience stores, food, drug and mass retail channels: 53%

o Online and other retail channels: 28%

Retail channels of thee-cigarettes market

Convenience stores, food, drug and mass retail channels ~ ~-,,:!,

Online and other retail channels 28

10% 20% 30% 50% 60%

POTENTIAL PUBLIC HEAL TH IMPACT

The potential public health impact of e-cigarettes is a subject of hot debate. Despite inconclusiveness about their short- and long-term health effects, e-cigarettes remain largely unregulated and their popularity among youth and young adults continues to rapidly escalate. At the same time, serious illness and deaths have been linked to their use and recent research could not conclusively determine that they posed fewer health risks than combustible cigarettes.

Moreover, their potential positive public health impact will be limited if they are not considered as part of comprehensive product regulation, including actions such as reducing nicotine to non-addictive levels in the most dangerous products, such as cigarettes, and eliminating flavors and marketing practices that attract youth.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 26/35 12/12/2019 E-cigarettes: Facts, stats and regulations Continuous and rigorous implementation of traditional tobacco control measures, such as taxation, clean indoor air policies and public education is also essential. Additionally, an overarching nicotine regulatory policy is needed to help improve quitting drugs and to ensure that the FDA reviews tobacco products, including e-cigarettes, so that consumers better understand what can help them quit or completely switch from combustible cigarettes. Finally, the recent news of vaping-related illnesses requires swift research and effective guidance to protect the public's health.

POLICY ENVIRONMENT FDA REG ULATION

In May 2016, the FDA finalized its "deeming" regulation, asserting the agency's authority to regulate e-cigarettes and any product meeting the definition of "tobacco product" under the Tobacco Control Act.133 The FDA can now establish product standards and regulate the manufacture, import, packaging, labeling, advertising, promotion, sale and distribution of e-cigarettes, including components and parts of e­ cigarettes.133 Some of these regulations are outlined below.

• The deeming regulation also includes requirements for pre-market review fore­ cigarettes as new tobacco products. In order to receive marketing approval for a new product, a manufacturer would need to demonstrate that the new product would be "appropriate for the protection of the public health," taking into account both the likelihood of new tobacco product initiation and the increased or decreased likelihood that existing users of current tobacco products would stop using such products.133

• It is important to note that because virtually every e-cigarette on the market was introduced after Feb. 15, 2007, technically only those e-cigarettes that have gone through an FDA review to determine whether they benefit public health should be on the market now. However, when the agency finalized the deeming regulation, the FDA issued a "compliance policy" that would give e-cigarette manufacturers more time to prepare those submissions and still allow the products to be on the market. In other words, every e-cigarette on the market right now is illegal because it has not gone through an FDA review, and is only allowed to be sold because the FDA gave them a temporary pa ss.

• Additionally, when the deeming regulation was finalized, the FDA indicated that no products cou ld come on the market after August 2016 without pre-market review and authorization by the FDA. Many companies have not complied with that and the FDA

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 27/35 12/12/2019 E-cigarettes: Facts, stats and regulations has sent warning letters to these companies. For example, in October 2019, the FDA sent a letter to Eonsmoke regarding nearly 100 flavored e-cigarette products that came on the market after August 2016 without pre-market review and authorization.134

• In 2017, the FDA pushed back the compliance date fo re-cigarette manufacturers to submit pre-market applications even more to August 2022. This delay in the compliance deadline enabled the proliferation of e-cigarettes that have never undergone an FDA review.

• In March 2018, a group of public health organizations, including Truth Initiative, sued the FDA for unlawfully delaying the implementation of the deeming rule. In May 2019, a federal judge ruled that the FDA had acted illegally by allowing e-cigarettes, including those with flavors that appeal to youth, to remain on the market without formally reviewing their impact on public health.135 The judge ordered the FDA to commence the statutorily required review by May 2020. The FDA appears to have accepted this timetable, although industry groups are still challenging the federal judge·s decision.

• In addition, the Trump administration has indicated it will take all flavored e-cigarettes off the market if they have not undergone premarket review. By early November, the Administration had signaled it may walk back from that policy. As of November 8, 2019, no policy has been released.

Legal challenges to e-cigarettes

A series of lawsuits in recent years have also been brought against JUUL and other e-cigarette manufacturers by young people who became addicted to JUUL, claiming JUUL's marketing was aimed at youth and instigated these plaintiffs' use. California, North Carolina, Illinois, Connecticut, Colorado, Massachusetts and the District of Columbia have announced either litigation or investigation into JUUL's marketing practices and/ or health claims.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 28/35 12/12/2019 E-cigarettes: Facts, stats and regulations

FLAVORS

• There are currently no federal restrictions on flavored e-cigarettes.

• In March 2018, the FDA issued an advance notice of proposed rulemaking to request public comment to better understand the role that flavors in tobacco products play in attracting youth, as well as the role they may play in helping some smokers switch to potentially less harmful forms of nicotine delivery. However, this request for comment is not a guarantee of agency action on this issue and no further rule-making action on flavors has been taken or announced by the FDA as of this writing.

• In March 2019, the FDA proposed to restrict the sa les of flavored e-cigarettes, except mint, menthol and tobacco flavors, to age-restricted locations and online retailers that place a limit on the quantity that a customer may purchase within a certain time period and have independent, third-party age-verification services. As of October 2019, a final guidance had not yet been issued by the FDA.

• As of Aug. 28, 2019, 220 localities had prohibited the sale of flavored tobacco products, including flavored e-cigarettes. These include Berkeley, Oak land, Sacramento and San Francisco, California; Aspen, Colorado; Chicago, Illinois; Boston, Massachusetts; Minneapolis and St. Paul, Minnesota; and Providence, Rhode Island. However, a large majority of the U.S. population - more than 90% - is not covered by such restrictions.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 29/35 12/12/2019 E-cigarettes: Facts, stats and regulations • In September and October 2019, governors in several states [M ichigan, Montana, New York, Oregon, Rhode Island and Washington) used their emergency executive powers or directed their state health departments to temporarily ban in-store and on line sales of flavored e-cigarettes, citing the youth e-cigarette epidemic and recent health concerns regarding seizui-es and lung illnesses. As of late October 2019, however, the New York, Michigan and Oregon bans had been temporarily suspended. In Massachusetts, the governor took the extraordinary step of suspending the sale of all e-cigarettes. And while the ban has not been overturned, a j udge recently ruled that it must be resubmitted with an opportunity for public comment. Several other governors have ordered their legislatures to consider legislation to restrict e-cigarette sales. The Utah Department of Health also issued a temporary emergency rule to restrict the sale of flavored e-liquids to licensed specialty tobacco stores.

• On Sept. 11, 2019, in light of significant signs of increased youth uptake of e-cigarettes and the lung illnesses and deaths associated with vaping, the administration announced that it would not extend the compliance period described above to flavored e-cigarette products [other than tobacco flavor!. effectively removing all but tobacco­ flavored e-cigarettes from the market. Manufacturers would be able to submit flavored e-cigarette premarket applications to the FDA for review to determine whether they provide any public health benefit. By early November, there were signs the Administration may water down that strong policy. At the time of this writing, the FDA has not yet finalized this action and flavored e-cigarettes remain on the market.

LICENSING

• Licensing and commercial zoning are areas of local concern. The federal government has no regulations affecting tobacco retailer licensing.

• As of June 15, 2019, 24 states and the District of Columbia require licenses for the retail sales of e-cigarettes. Delaware requires retailers to obtain a license to sell e­ cigarette liquids, but note-cigarette devices themselves. In North Carolina, e-cigarette retailers who buy their stock directly from a North Carolina distributor/wholesale dealer or manufacturer do not need to obtain a license, while those who obtain their stock directly from manufacturers outside of North Carolina do need a license.

MARKETING

• There are few federal restrictions on the marketing of e-cigarettes, and, unlike traditional cigarettes, e-cigarettes can be advertised on television and radio, in print. and through digital and social media.

https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 30/35 12/12/2019 E-cigarettes: Facts, stats and regulations • Marketing materials of e-cigarettes cannot make claims that their product exposes users to fewer toxins or reduces harm unless the FDA grants an order allowing such claims. In September 2019, the FDA sent JUUL a warning letter cautioning against unauthorized cessation claims and questioning recent marketing practices that appeared to be targeted to youth. In October 2019, the FDA sent Eonsmoke a warning letter for, among other things, marketing their products with unauthorized claims of reduced harm of their products, and for advertisements through social media influencers that do not carry the required warning label.

• E-cigarette products whose labeling or advertising is misleading can be considered to be misbranded under the Tobacco Control Act. Th is includes e-cigarette marketing that imitates food or beverages, as mentioned above.

• States have the ability to regulate the time, place and manner of tobacco marketing, including e-cigarettes. For example, California and Delaware prohibit websites and online and mobile applications directed at minors from marketing or advertising e­ cigarettes. California also prohibits advertisements of tobacco products, including e­ cigarettes, on any outdoor billboard located within 1,000 feet of a school or public playground.

• Recently, the FTC announced it was requiring marketing data for the years 2015-2018 from six of the top-selling e-cigarettes in the U.S. The companies will be required to provide data such as how much the companies spent on various types of advertising and promotions, product placement in media, as well as social media and influencer marketing. This is t he first time such information will be collected by FTC.

PRODUCT PACKAGING

• The FDA deeming regulation, effective Aug. 10, 2018, established a nicotine warning label that must appear on all tobacco products, including e-cigarettes: WARNING : This product contains nicotine. Nicotine is an addictive chemical. The warning label must comprise 30% of the two principal display panels and be in a large, legible font.

• The Child Nicotine Poisoning Prevention Act of 2015 requires the Consumer Safety Product Commission to establish requirements for child-resistant packaging fore­ cigarettes and e-liquids. The law, passed before the deeming regulation gave the FDA authority over e-cigarettes, maintains the FDA's ability to regulate such packaging. The FDA has indicated that it will also issue regulations requiring child- resistant pa ckaging fore-cigarettes and e-liquids, but has not yet done so.

TAXATION https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 31 /35 12/12/2019 E-cigarettes: Facts, stats and regulations • There is no federal excise tax one-cigarettes.

• States have the authority to tax e-cigarettes. Nineteen states and the District of Columbia have imposed a tax on e-cigarettes.

Taxes are a particularly effective tool for discouraging youth use of tobacco products. Youth and young adults are two to three times more likely to respond to changes in prices than adults, and studies examining the effect of price increases on combustible cigarettes estimate that raising the cost of cigarettes to $10 per pack nationwide would result in 4.8 million fewer smokers between the ages of 12 and 25.

Nineteen states and Washington, O.C., have imposed a tax one-cigarettes.

MT ND OR SD WY

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YOUTH ACCESS AND MINIMUM AGE OF SALE

• The FDA deeming regulation established a federal minimum ag e of 18 for the sale of all tobacco products, including e-cigarettes. Retailers must check photo IDs of everyone under age 27 who attempts to purchase tobacco products, including e­ cigarettes. https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 32/35 12/12/2019 E-cigarettes: Facts, stats and regulations

o Pennsylvania is the only state that does not have a law restricting youth access to e-cigarettes.

• Vending machine sales of e-cigarettes are prohibited, except in facilities where only those over 18 are allowed.

• Free samples of e-cigarettes and their components are also prohibited as of Aug . 8, 2016.

• The Tobacco Control Act required the FDA to issue regulations to establish age verification requirements for the internet and other non-face-to-face purchases of any tobacco products. However, the FDA has yet to implement this set of regulations. o A 2014 study of internet tobacco vendors selling e-cigarettes found that 52 .3% of vendors had an age warning on the homepage of their website. However, 51. 9% exclusively used age-verification methods that could not effectively verify the age of a consumer. Additionally, 11.3% made no attempts to verify age at all.

• The Tobacco Control Act prohibits the FDA from further raising the federal minimum legal age of sale.165 However, states and some localities have the ability to establish a higher age of sale for tobacco products beyond the federal requirement. As of Sept. 18, 2019, 18 states - Arkansas, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, New York, Ohio, Oregon, Texas, Utah, Vermont, Virginia and Washington - and at least 505 localities have established a minimum age of 21 for the sale of tobacco products.166 As of this writing, the federal government is also considering proposals for adopting a nationwide minimum age of 21 for the sale of tobacco products, but those proposals are not yet law.

• Tobacco 21 laws, which fo rbid the sale of tobacco to anyone under age 21, have gained in popularity in recent years. Tobacco companies have increasingly indicated their support for such laws, but they often simultaneously support and help to develop policies that weaken the impact of other effective tobacco control laws.

INTERNATIONAL POLICIES

International regulation of e- cigarettes varies widely, and, due to the relatively recent introduction of the product category, is rapidly changing.

• As of November 2018, 98 countries had national laws regulating e-cigarettes and 29 countries had banned the sale of e-cigarettes completely. A significant portion of countries withe-cigarette policies [67) prohibit or regulate e- cigarette marketing. The https://truthinitiative.org/research-resources/emerging-tobacco-products/e-cigarettes-facts-stats-and-regulations 33/35 12/12/2019 E-cigarettes: Facts, stats and regulations European Union has enacted standards fore-cigarettes, including restricting the strength of nicotine fluids 12% maximum). limiting tank size on vaping devices 12 ml maximum). requiring child-resistant packaging and prohibiting cross-border advertising of e-cigarettes. Some member states have further restrictions on the age of sale and taxes.

• The Institute for Global Tobacco Control at the Johns Hopkins Bloomberg School of Public Health keeps a database of international e-cigarette laws. Notably, the United Kingdom has been most active in promoting e-cigarettes as a reduced harm alternative to cigarettes. Public Health England has encouraged the National Health Service to make e-cigarettes available to smokers looking to quit or switch. The U.K. allows for the licensing of e- cigarettes as medicinal quitting aids, but no manufacturer has yet taken this route to product approval.

• The World Health Organization !WHO] recently warned governments, as well as the public, not to trust the tobacco industry's latest health claims regarding e-cigarettes. The WHO also released a set of recommendations around e-cigarettes to protect public health, including advertising and flavor restrictions to prevent youth sales, plain packaging policies, and awareness around the danger of tobacco use becoming re­ normalized.

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Home (/). ; News (/news). Air Force bans electronic cigarettes from the workplace

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Subscribe to get unlimited access Subscribe now! Already have an account? Login here .CLp..Q!Qp_Q}Y. fs I 1.11653~ 32.Q.QQ.40 ! /imag~ 3 7..9,638_9.B.8.7_.j P.g_gen /derivatives /lands caPJL 9.o.o.L3 7..9,63 8.9.8.8. Pfc. Lashaun Coward, stationed in Bamberg, Germany, tries an e-cigarette for the first time while on a smoke break Friday. Her verdict: "What is the difference between it and a real cigarette?"

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The military might want its troops to quit sn X STARS ~ STRIPES. In recent weeks, the Air Force and at least Articles left: 4 gadgets from the workplace. Subscribe to get unlimited access Subscribe now! Already have an account? Login here are battery-operated devices that contain a nicotine-filled cartridge, which is delivered to the user as a vapor.

Citing a Food and Drug Administration test that found some brands of electronic cigarettes contain potentially toxic chemicals, the Air Force surgeon general's office last week categorized them as "tobacco products," and thus prohibits their use in most Air Force facilities. Last month, leaders at Marine Corps Base Quantico banned the products in their facilities.

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Electronic cigarettes

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DEFAULT.HTML? SRC=HTTPS //WWW.STRI 5 The FDA's "preliminary analysis" into two brands of e-cigarettes found various le~~l~EQ E:A;TioN=ELE nicotine and other substances - some it said were known carcinogens or toxic chemicals. But the study also said that because of "variability among products, this analysis should not be used to draw conclusions about what substances are or are not present in particular cigarettes." X In fact, there aren't many studies of any kir STARS ; D,, STRIPES. Francois Elter, who has posted dozens of r Articles left: 4 websites such as BMC Public Health, whic Subscribe to get unlimited access Subscribe now! Already studies. have an account? Login here

As a result, the Air Foro -Jlappy JJo /ic/ay. j'wni -:> IAK~ ... .., .) I Klt-'t~ (Lt. Gen.) Charles B. Green, the Air Force surgeon general, wrote in last week's memo. "Due to the nature, appearance and safety concerns of electronic cigarettes, they are considered to be in the same category of tobacco products ...."

The surgeon general's message, however, does not prohibit airmen from using the electronic cigarettes.

Some visitors to the Air Force website where Green's message was posted claim they've used the e-cigarette to stop smoking.

"I have been tobacco free for two years because of these devices when nothing else worked at all," wrote Cody from Texas.

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"Please do more research on this topic," another states. "I smoked over a pack a day for 18 years and quit in 1 day with these, ... ," said Jeff P. from Fort Gordon, Ga.

According to the American Cancer Society, the products first appeared in 2004 and were manufactured by a Chinese company. Si ne,=• thi:> n nthi:>r f'nmn~n ii:>c: h~vi:> 1~ 1mrhi:> rl nrnrl1 ,rt lines, with a variety of looks and - accordi S S x ingredients. TARS~;;,, TRIPES. Articles left: 4 A Colleyville, Texas-based company, E-Cig Subscribe to get unlimited access Subscribe now! Already e-cigarette called the "No. 7 Stealth" with s have an account? Login here black in color, and the ti · ··· · combat operations, acc, _Jlappy JJo /ir/ay~pwm .) IAK~ ~.., .)I t

Dan Blottenberger, Marcus Klockner and Geoff Ziezulewicz contributed to this report. harrisk@estri{J.es. osd.mil

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HISTORICAL TIMELINE OF ELECTRONIC CIGARETTES

A Historical Timeline of Electronic Cigarettes

1930s - 1970s 2003 - 2008 2009 2010 201120122013 2014 2015 2016

1930s - 1970s

1930: The first documented reference to an electronic cigarette is a patent granted to Joseph Robinson

in 1930 (filed in 1927). It was never commercialized and it is not entirely clear that even a prototype of this

primitive device was manufactured.

1960s: Herbert A. Gilbert is generally credited with the creation of the first device that closely resembled

the modern e-cigarette. He reports receiving a patent in 1965 (filed in 1963) and created prototypes

(possibly never including nicotine), but failed to commercialize it. He attributes this failure the companies

who might have commercialized it preferring to wait for the patent to expire rather than license it, though it

is not clear whether it had commercial potential at the time.

1979-80s: Starting in 1979, Phil Ray, one of the pioneers of computers, worked with his personal physician

Norman Jacobson to create the first commercialized variation on thee-cigarette (which was not actually

electronic; it relied on evaporation of the nicotine). They performed the first known formal research in the

field on nicotine delivery. The commercialization of the product reached major retailers. But the device was

never a promising technology for nicotine delivery; Jacobson attributes its failure to it being inherently

faulty. While the device proved to be a dead-end, the inventors did contribute the verb "vape" to the

language.

1990s: Numerous patents for nicotine inhaler devices were f iled throughout the 20th century and early

2000s by both tobacco companies and individual inventors, with a flurry of activity in the 1990s. Many relied

on evaporation or physical propulsion, but a few were fairly similar to modern e-cigarettes. One chemical­

reaction based system that was invented in the 1990s is still in the pipeline. Reynolds brought to market the

Eclipse "heat-not-burn" device, whose functioning falls somewhere in between that of a pure nicotine

inhaler and a combusted cigarette. (See also Philip Morris's Accord.) Products closely resembling modern e­

cigarettes moved toward commercialization in the 1990s (example). A major U.S. tobacco company

requested permission from FDA (which did not then regulate tobacco products, but did regulate drug

delivery devices) to bring a version of an e-cigarette to market c.1998. FDA denied the request on the bas www.casaa.org/historical-timeline-of-electronic-cigarettes/ 1/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

of it being an unapproved drug delivery device. This may explain the disappearance of the attempts to bring

an e-cigarette to market, though the history of what happened is rather murky, and the U.S. ruling does not

fully explain the disappearance of the technology elsewhere.

2003-2008

2003: What would become the first commercially successful electronic cigarette is created in Beijing, China

by Hon Lik, a 52 year old pharmacist, inventor and smoker. He reportedly created the device after his father, also a heavy smoker, dies of lung cancer. (It is not clear the extent to which his was a de nova

rederivation of the technology and to what extent he was drawing upon prior art; he failed to cite

much prior art in his patent applications.) The company Lik worked for, Golden Dragon Holdings, developed

the device and changed its name to Ruyan, which means "like smoke."

April 2006: Electronic cigarettes introduced to Europe.

2006-2007: Electronic cigarettes introduced to the U.S. (The first import ruling locatable in the U.S. Customs

and Border Protection website database is dated August 22, 2006. NY M85579)

March 2008: Turkey's Health Ministry suspends the sale of e-cigarettes. Health Ministry Drugs and

Pharmacy Director, Mahmut Toka~. claims electronic cigarettes are just as harmful as regular cigarettes. The

vice president of the Foundation Combating Smoking in Turkey, Kiyas Gungor, claims that "nicotine is the

most dangerous element among 4,800 poisonous chemicals in cigarettes." (See discussion here re 2008

decision. Currently, e-cigarettes cannot be sold in stores in Turkey although they can be purchased online.

Actual legal status at present is unclear.)

September 2008: The World Health Organization (WHO) proclaims that it does not consider the electronic

cigarette to be a legitimate smoking cessation aid and demands that marketers immediately remove from

their materials any suggestions that the WHO considers electronic cigarettes safe and effective. (See WHO

September 19, 2008 press release here.)

October 2008: In a study funded by Ruyan, Health New Zealand conducts a detailed quantitative analysis

and concludes that carcinogens and toxicants are present only below harmful levels. On the basis of the

findings, thee-cigarette is rated several orders of magnitude (100 to 1000 times) less dangerous than

smoking tobacco cigarettes. The nicotine dose is comparable to that of a medicinal nicotine inhaler. Overall,

the product tested was deemed a "safe alternative to smoking."

2009

www.casaa.org/historical-timeline-of-electronic-cigarettes/ 2/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

January 2009:

• Australia bans the possession and sale of electronic cigarettes which contain nicotine, citing that "every

form of nicotine except for replacement therapies and cigarettes are classified as a form of poison." (See NDPSC record of reasons, 54th meeting, 14-15 October 2008 and download provided here.)

• Jordan's Ministry of Health bans the import of the electronic cigarettes, citing Wo rld Health Organization's

health concerns. (See discussion here.) In a February 2012 review of the ban, Malek Habashneh, director

of the ministry's awareness and communication directorate, claims that "e-cigarettes contain toxic

chemicals that cause more health problems than the nicotine in normal cigarettes."

March 2009:

• FDA adds electronic cigarettes to Import Alert 66-41 and directs the U.S. Customs and Border Protection

to reject the entry of electronic cigarettes into the United States on the basis of them being unapproved

drug delivery devices. (See pp. 12-13 here.) (At this time FDA had gained authority over tobacco products,

but this ruling came not from their nascent Center for Tobacco Products, but from their Center for Drug

Evaluation and Research.)

• Canada bans the sale, advertising and import of electronic cigarettes. Health Canada advises Canadians

not to purchase or use them, claiming they contain a "known irritant" (propylene glycol). (See Health

Canada's advisory here.)

• Hong Kong Department of Health bans electronic cigarettes. The maximum penalty for possessing or

selling e-cigarettes is a HK$100,000 fine and two years' imprisonment. Since smoke-free tobacco is

prohibited in Hong Kong, the ban on e-cigarettes continues to leave high-risk cigarettes as the only legal

tobacco product available. (Information on current legal status of e-cigarettes in Hong Kong can be found

here.)

• FDA notifies electronic cigarette company "Smoking Everywhere" that its sh ipments have been refused

entry into the U.S. The FDA maintains that electronic cigarettes "appears to be a combination drug-device

product" that require pre-approval, registration and listing with the FDA. (See pp. 10-11 here.)

April 2009:

• Smoking Everywhere files a federal complaint on April 28, 2009 seeking an inj unction against the FDA with

respect to the FDA's attempts to ban the import of electronic cigarettes. Smoking Everywhere contends

that the FDA has no authority over electronic cigarettes, as they are a "tobacco product," and the FDA's

attempt to regulate them infringes on Congress's intent to withhold FDA jurisdiction over tobacco www.casaa.org/historical-timeline-of-electronic-cigarettes/ 3/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

products. Smoking Everywhere contends that electronic cigarettes are not "drugs," "drug delivery systems," or "drug device combinations" under 21 U.S.C 321 (g).

• In a study funded by Ruyan, Health New Zealand conducts a detailed quantitative analysis and concludes

that carcinogens and toxicants are present only below harmful levels. Bench-top test results presented as

a poster at SRNT poster at SRNT in Dublin April 30, 2009. (Click here to download the poster.)

May 2009:

• Action on Smoking and Health in the United States (ASH-US) files a petition to the FDA calling for FDA

regulation of electronic cigarettes.

• NJOY (Sottera) joins Smoking Everywhere's lawsuit against FDA.

• The Electronic Cigarette Association (ECA) is formed. The ECA (now defunct) is a trade association made up

of electronic cigarette producers, distributors and retailers; whose aim is to speak on behalf of the

electronic cigarette industry, especially in response to health concerns, and to help institute industry

standards. The group is headquartered in Washington, D.C. Its president and spokesman is former United

States congressman Matt Salmon. (See video statement from ECA here and ECA's brochure one-cigarettes

here. Tobacco Vapor Electronic Cigarette Association (TVECA) claims to be ECA's successor.

• FDA files memorandum in opposition to Smoking Everywhere's complaint on May 11, 2009.

• FDA tests 2 brands of electronic cigarettes, NJOY & Smoking Everywhere. 18 cartridges are tested. Tests

reveal trace amounts of tobacco-specific nitrosamines (TSNAs) in the liquid in levels comparable to those

found in FDA-approved nicotine cessation products. The liquid of one cartridge is found to contain a non­

toxic amount (approximately 1%) diethylene glycol. TSNAs nor diethylene glycol is detected in the vapor.

Some cartridges labeled as 0mg nicotine are shown to contain trace amounts of nicotine.

June 2009:

• President Obama signs into law the Family Smoking Prevention and Tobacco Control Act, giving the FDA

the power to regulate the tobacco industry. Although nicotine and cigarettes as a whole cannot be banned

outright, flavoring such as fruit or mint can. Additionally, new tobacco products seeking to enter the

market will be required to meet FDA pre-market standards, which could affect electronic cigarette

regulation.

• Panama bans the importation, distribution and sale of electronic cigarettes.

July 2009:

www.casaa.org/historical-timeline-of-electronic-cigarettes/ 4/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• FDA files a supplemental brief in the Smoking Everywhere lawsuit referencing the Family Smoking Prevention and Tobacco Control Act. The FDA contends that it still has authority over electronic cigarettes

and FDA stands behind the decision to label it a drug-device combination. "FDA found, after examining the

product, the claims made in the product labeling, and information SE submitted to FDA, that SE's product

met the definition of both a drug and device under the FDCA."

• Two months after testing, the FDA issues a press release discouraging the use of electronic cigarettes and

repeating previously stated concerns that electronic cigarettes may be marketed to young people, lack

appropriate health warnings and that they contain carcinogens and toxic chemicals such as diethylene

glycol, an ingredient used in antifreeze. The FDA did not reveal that the carcinogens found were similar to

those found at the same levels in FDA-approved nicotine cessation products, nor that the amount of

diethylene glycol found would not be toxic. The FDA also did not disclose that neither substance was

found in the actual vapor to which the user is exposed.

• FDA's May 2009 study is reviewed by scientific consulting firm Exponent, Inc., in a report commissioned by

NJOY. Some of the criticisms of the FDA study, as set forth in Exponent's report, are poor standards of

documentation and analysis and failure to perform relevant comparisons to FDA-approved nicotine

replacement therapy products, which Exponent claims contain TSNA levels comparable to those of

electronic cigarettes. The study concludes that the FDA's claims of potential adverse health effects were

not supported by the study.

• Israeli Health Ministry considers banning e-cigarette sales and importation. (The ban discussed here in

2009 was never implemented, although in 2013, it was reported that Israel was considering either a ban

or tobacco classification.)

August 2009:

• In a Washington Times op-ed, Dr. Elizabeth Whelan, president of the American Council on Science and

Health, calls the FDA press statement about electronic cigarettes "distorted, incomplete and misleading"

and meant to "scare Americans" to stay "away from these newfangled, untested cigarette substitutes -

better to stick with the real ones."

• The State of Oregon announces two settlements have been reached that prevent two national travel store

chains, Pilot Travel Centers and TA Operating, from selling NJOY electronic cigarettes. In addition, the

company must give the Attorney General advance notice that they intend to sell electronic cigarettes in

Oregon, provide copies of all electronic cigarette advertising, and provide copies of the scientific studies

they maintain substantiates their claims. NJOY voluntarily stops all sales in Oregon.

www.casaa.org/historical-timeline-of-electronic-cigarettes/ 5/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• Oregon Attorney General John Kroger announces a lawsuit against Smoking Everywhere, alleging that the Florida-based company made false health claims about its nicotine delivery device and targeted children

with sweet flavors. Smoking Everywhere refuses to settle. (Smoking Everywhere eventually settled in August 2010.)

• Brazil bans the sale, importation and advertisement of electronic cigarettes. (See resolution here.)

• Suffolk County, NY passes first legislation banning indoor use of electronic cigarette in areas where

smoking is also prohibited and bans sales to persons under age 19.

• Saudi Arabia bans sales of electronic cigarettes based on the statement made by the US Food and Drug

Administration which had said [e-cigarettes] "contain harmful carcinogenic and toxic substances, notably

diethylene glycol, a toxic chemical used in antifreeze." (This ban continues today, as discussed here.)

September 2009:

• Amicus curiae brief filed by Alliance of Electronic Smokers (AES) in support of the plaintiff in the Smoking

Everywhere v. FDA lawsuit.

• Amicus curiae brief filed by ASH (US) in support of defendant FDA.

• California passes a bill to ban the sales of electronic cigarettes in the state. Governor Schwarzenegger

vetoes the bill stating, "If adults want to purchase and consume these products with an understanding of

the associated health risks, they should be able to do so unless and until federal law changes the legal

status of these tobacco products."

September/October 2009: Amazon.com prohibits sale of electronic tobacco products on its website. (See

discussion here.)

October 2009:

• Consumer Advocates for Smoke-free Alternatives Association (CASAA) forms and board members elected.

The organization is made up of both consumers and retailers, with the mission to ensure the availability of

effective, affordable and reduced harm alternatives to smoking by increasing public awareness and

education; to encourage the testing and development of products to achieve acceptable safety standards

and reasonable regulation; and to promote the benefits of reduced harm alternatives. In order to ensure

CASAA is first and foremost a consumer-based organization, the number of vendors elected to the board

is limited so that consumer board members control a super majority.

• UK ASH recognizes that products should be made available that deliver nicotine in a safe way, without the

harmful components found in tobacco, but those attempting to quit should use conventional NRTs. (For c!' www.casaa.org/historical-timeline-of-electronic-cigarettes/ 6/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

copy of UK ASH's October 2009 briefing, click here. The current flyer, updated February 2016, can be

found here.)

• PayPal freezes accounts of electronic cigarette vendors in the U.S. and prohibits them from using the

service; however, vendors outside of the U.S. are allowed to continue using PayPal for electronic cigarette

sales. (See discussion here and here.)

November 2009: New Jersey State legislators pass a bill including electronic cigarettes in the state's public

smoking ban.

December 2009: NJOY announces it is discontinuing, in the U.S., the availability of all flavors except its

traditional tobacco flavor and menthol. The move aligns the flavors offered by NJOY with those allowed for

combustible tobacco cigarettes under the Family Smoking Prevention and Tobacco Control Act. (NJOY's

corporate policy on flavors changed in 2014 with, among other things, its release of a premium line of e­

liquid, as discussed here.)

2010

January 2010: On January 14, 2010, Judge Leon grants the injunction sought by Smoking

Everywhere/Sottera prohibiting the FDA from seizing e-cigarettes as drug or drug/device combinations.

Judge Leon issues a 32-page memorandum opinion explaining the ruling.

March 2010:

• Appellate Court grants the FDA's request for a stay of Judge Leon's injunction pending appeal. (See

discussion here.)

• The American Association of Public Health Physicians submits two Citizen Petitions to the FDA, one asking

for reclassification of e-cigarettes to "tobacco product" and the other asking for a follow up statement to

the July 2009 press conference. (See here and here for Citizen Petitions.)

• First Vapefest™ is held in Richmond, VA

• Ministry of Public Health bans the import and sale of electronic cigarettes in Thailand. It warns "the

cigarettes contained more nicotine than normal ones." (See discussion here on the issue and also see

2014 ban on import by Ministry of Commerce.)

April 2010: CASM and others help persuade Illinois legislators not to pass SB 3174, a law which would ban

the sale of e-cigarettes in the state.

May 2010: www.casaa.org/historical-timeline-of-electronic-cigarettes/ 7/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• FDA files appellant brief in Smoking Everywhere v. FDA case (U.S. Court of Appeals for District of

Columbia).

• Coalition files amicus brief in the Smoking Everywhere v. FDA case supporting FDA's position. Coalition

members include American Academy of Pediatrics, American Cancer Society, American Cancer Society

Cancer Action Network, American Heart Association, American Legacy Foundation, American Lung

Association, American Medical Association, and Campaign for Tobacco-Free Kids.

June 2010:

• American Medical Association (AMA) House of Delegates (HOD) passes a policy urging the FDA to regulate

e-cigarettes as drug delivery devices.

• Sottera (NJOY) files Appel lee brief in Smoking Everywhere v. FDA (U.S. Court of Appeals).

July 2010:

• Singapore bans e-cigarette importation, distribution and sales. Fine is of up to $5,000 upon conviction.

(See here for current policy, which remains the same.)

• Marine Corps Base in Quantico bans e-cigarette use in its facilities. (See discussion here.)

• FDA files appellant reply brief in Smoking Everywhere v. FDA case (U.S. Court of Appeals for the District of

Columbia Circuit).

• CASAAjoins other e-cigarette and reduced-harm smokeless alternative proponents in filing an amicus

brief in the Smoking Everywhere v. FDA case. Other amicus curiae named on the brief include Smokefree

Pennsylvania, The American Council on Science and Health, National Vapers Club, Midwest Vapers Group,

Michael Siegel, MD, MPH, and Joel Nitzkin, MD, MPH, DPA.

• Washington Legal Foundation (WLF) files amicus brief in the Smoking Everywhere v. FDA case.

August 2010:

• Oregon's Attorney General John Kroger announces a settlement preventing the two national travel store

chains from selling e-cigarettes. (The settlement with Smoking Everywhere can be viewed here.)

• Air Force surgeon general's office categorizes e-cigarettes as "tobacco products" and prohibits their use in

most Air Force facilities. (See discussion here.)

September 2010: Oral arguments before the U.S Court of Appeals in SE vs. FDA. (Transcript available here.)

October 2010: First VapeFest is held in UK.

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December 2010: Smoking Everywhere v. FDA, U.S. Court of Appeals in Washington rules the FDA can only

regulate e-cigarettes as a tobacco product, unless therapeutic claims are made. (The order is here and the

25-page decision is here.)

2011

February 2011: Study is published in the American Journal of Preventive Medicine reporting that electronic

cigarettes are a promising tool to help smokers quit, producing six-month abstinence rates that are better

than those for traditional nicotine replacement products.

April 2011: FDA announces it will regulate e-cigarettes as it currently regulates traditional cigarettes and

other tobacco products under the Food Drug and Cosmetics Act. However, any e-cigarette products

advertising claims of helping the user to stop smoking or providing any other health benefit will be more

strictly regulated as a drug or medical device.

May 2011: Argentina passes resolution 3226/2011 banning the importation, distribution,

commercialization and advertising of e-cigarettes and paraphernalia related to them. (See here for an

unofficial translation followed by a copy of the original untranslated document.)

June 2011: First Vapestock held in Clearwater Beach, FL.

August 2011: Study published in the journal "Addiction" provides strong evidence that electronic cigarettes

are being used with success by many smokers to quit smoking or cut down substantially on the number of

cigarettes they consume, and that e-cigarettes are being used with success by many ex-smokers to remain

off cigarettes.

September 2011:

• The Obama administration proposes banning the use of electronic cigarettes on airline flights, saying the

"new rule would enhance passenger comfort and reduce any confusion." The Department of

Transportation says that although it considers electronic cigarettes to be covered under the existing law

banning smoking on airplanes, it intends to adopt a rule specifically banning them in the summer of 2012.

(See Joint Comment filed by CASAA and Competitive Enterprise Institute, filed November 2011 .)

• Petition to the White House filed. While CASAA did not create the petition, CASAA urged its members to

sign in order to reach the minimum threshold of 5,000 signatures, which it did. Response received

December 15, 2011 which was largely non-responsive.

October 2011: www.casaa.org/historical-timeline-of-electronic-cigarettes/ 9/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• The British Cabinet Office's Behavioural Insights Team (BIT) strongly endorses tobacco harm reduction in

its first annual report. E-cigarettes are cited as potentially effective substitutes because of their behavioral

attributes. (See news article here and actual report here.)

• First VaperCon is held in Richmond, VA

• The results of the first clinical trial of electronic cigarettes, reported in the journal BMC Public Health,

suggests e-cigarettes may be more effective than traditional NRT products for smoking cessation and may

be particularly effective in smokers who are not motivated to quit.

November 2011:

• CASM and Competitive Enterprise Institute file a comment regarding the Department of Transportation

proposal to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes on all

aircraft in scheduled passenger interstate, intrastate and foreign air transportation. This regulation would

impose fines of up to $3,300 for "smoking" an e-cigarette on an airplane. Those who use an e-cigarette

would be treated exactly as if they were smoking a combusted tobacco product. See also co mment from

Smoke-free Pennsylvania.

December 2011:

• Holland's Minister of Health, announces that the sale and import of electronic cigarettes is banned. E­

cigarette sales will require a pharmaceutical license. (See discussion here.)

• The health minister of the State of North Rhine-Westphalia announces that the state government has

determined that e-cigarettes and their cartridges fall under regulations concerning medicines and medical

products. She states that the state government is planning to adopt regulations to ban their sale unless

approved for sale in pharmacies.

2012

March 2012:

• First VapeBash is held in Chicago, IL.

• United Tobacco Vapor Group Inc., a branch of TVECA, wins a lawsuit challenging the Dutch Ministry of

Health's ban one-cigarette sales.

• Consumer groups including CASM, ECCA UK, Stelda NL (Netherlands), IGED (Germany) and ATACA

(Australia) organize the first World Vaping Day.

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• Smoke-Free Alternatives Trade Association (SFATA), a trade association representing a wide cross section

of the vapor products industry, is formed.

• Nearly 200 of Germany's estimated 1.2 million electronic cigarette users march peacefully in D0sseldorf in

protest of"lies, missinformation [sic], raids at [e-cigarette] liquid stores by the police and a witch hunt

against German vapers."

April 2012:

• Venezuela's government threatens to punish with fines up to $8,400 for those who distribute or promote

electronic cigarettes banned in the country for not having permits or corresponding health records.

• Lorillard Inc. purchases blu eCigs for $135 million.

June 2012: U.S. Inspector General's office issued an "Early Alert" letter to Thomas Frieden, director of the

Centers for Disease Control and Prevention (CDC) regarding whether the CDC was illegally using federal

funds tied to wellness programs to encourage local communities to adopt a bevy of tobacco restrictions.

(Original letter extracted from a file found on the CauseOfAction.org site, the full file which can be

downloaded here.)

September 2012: R.J. Reynolds, through its pharmaceutical subsidiary Niconovum, launches Zonnic gum (a

nicotine-replacement therapy) in test markets in Des Moines, IA.

October 2012:

• American E-Liquid Manufacturing Standards Association (AEMSA), a trade association specifically

dedicated to creating/maintaining self-regulating standards for the manufacturing of its members' e­

liquids used in e-cigarettes, announces its launch.

• Smoke-free Alternatives Trade Association (SFATA) debuts at 2012 NACS Trade Show.

December 2012: FDA holds a public hearing, and several members of industry as well as consumers and

consumer representatives made presentations. CASAA issues a Call to Awareness as well as a Call to Action

in connection with this hearing. FDA delayed publishing many of the comments for more than a year, which

comments can be viewed here.

2013

January 2013: A petition to the White House is created to "prevent the FDA from regulating or banning the

sale and use of electronic cigarettes, accessories and associated liquids." While not created by CASAA,

CASAA urged its members to sign the petition. The petition gained the required number of signatures www.casaa.org/historical-timeline-of-electronic-cigarettes/ 11 /28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

(25,000), and a response from FDA was published in April 2014, which advocates characterized as largely

non-responsive. (FDA's response can be seen here.) This is the second community-supported White House

petition effort, the first being in 2011 when the threshold for signatures was 5,000.

March 2013: American E-Liquid Manufacturing Association (AEMSA) attends its first listening sess ion with

FDA.

April 2013: Senators Dick Durbin (D-IL), Frank Lautenberg (D-NJ), Richard Blumenthal (D-CT), Sherrod

Brown (D-OH) and Jack Reed (D-RI) send a letter to FDA urging FDA to issue deeming regulations to exert

regulatory authority over cigars, pipe tobacco, electronic cigarettes, and dissolvable tobacco products.

May 2013: CASAA launches its Testimonials Project to collect success stories from smokers who used

smoke-free alternatives to quit or reduce their smoking. This public collection of success stories was created

as a powerful response to those who want to restrict access toe-cigarettes and other smoke-free products.

CASAA's goal is to present a large collection of compelling individual reports that will make it impossible for

anyone to claim that substitution of low-risk alternatives (e-cigarettes, snus, and other smoke-free

tobacco/nicotine products) is not a proven method for quitting smoking.

June 2013:

• R.J. Reynolds announces new vapor product, VUSE, will be launched in July in Colorado as the first state in

an eventual nationwide rollout.

• The U.K. Medicines and Healthcare Products Regulatory Agency announces it will regulate e-cigarettes as

medicines when new European tobacco laws come into force. (Note that this position has since changed .)

See Clive Bates' analysis here and here and also CASAA's analysis.

July 2013:

• Vape A Vet, a nonprofit 501 (c)(3) organization, forms to provide active and former military service

members with the equipment and knowledge necessary to switch to a healthier alternative at no cost to

them.

• French consumer group AIDUCE issues "The Future ofVaping in the European Union."

• American E-Liquid Manufacturing Association (AEMSA) attends its second listening session with FDA.

August 2013:

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• Dragonite International Limited (formerly Ruyan Group (Holdings) Limited), and its wholly-own

subsidiaries, sold its vapor business for $75 million to Fontem Ventures B.V., a wholly-owned subsidiary of

Imperial Tobacco Group pie.

• CASAA gives presentation in FDA listening session.

September 2013:

• Four members of the U.S. House of Representatives (Henry A. Waxman, Diana DeGette, Frank Pallone, Jr.,

and John D. Dingell) send a letter to the FDA calling on the Obama administration to issue new rules for

cigars and electronic cigarettes and also sent a letter to House Energy and Commerce Committee chairs

urging them to call hearings.

• E-cigarette opponents sent a coalition letter to President Obama urging him to impose FDA deeming □ and

other regulations on electronic cigarettes, cigars and other tobacco products.

• National Association of Attorneys General sent a letter to FDA urging the issuance of proposed

regulations.

• Germany, Higher Administrative Court of North Rhine-Westphalia upheld three previous decisions that

electronic cigarette products containing nicotine were not medicines, unless presented as such. See news

report here.

• Government Accountability Office Report finds FDA needs to set time frames for its review process of

Substantial Equivalence (SE) applications for tobacco products, noting FDA that on June 25, 2013-about 3

years after FDA's receipt of the first SE submission-the Center for Tobacco Products (CTP) made a final

decision on only 6 of the 3,788 SE submissions.

October 2013:

• CASAA calls out various legislators, state attorneys general, as well as the Centers for Disease Control

(CDC), for launching a bad-faith campaign against electronic cigarettes, a low-risk alternative to smoking.

• A press release is issued by a dozen legislators regarding letters they sent to various

companies demanding information about marketing to children.

• European Union issues a press release rejecting a wholesale ban on the sale of e-cigarettes: "E-cigarettes

should be regulated, but not be subject to the same rules as medicinal products unless they are presented

as having curative or preventive properties. Those for which no such claims are made should contain no

more than 30mg/ml of nicotine, should carry health warnings and should not be sold to anyone under 18

years old. Manufacturers and importers would also have to supply the competent authorities with a list '

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all the ingredients that they contain. Finally, e-cigarettes would be subject to the same advertising restrictions as tobacco products."

• Proposed amendments to EU Tobacco Products Directive (e-cig Amendment 170) approved by 362-298

vote) (See Clive Bates' analysis. See also communication from World Health Organization (WHO) the day

before the vote urging EU parliamentarians to approve proposed Tobacco Products Directive.)

• E-cigarettes declared illegal in Punjab, India.

• Altria sends letter to FDA supporting FDA exerting regulatory authority ("deeming") over all currently

unregulated tobacco products.

• SFATA sends letter to the Office of Management and Budget/Office of Information and Regulatory

Affairs (OMB/OIRA) requesting a meeting and asking that OMB/OIRA reject FDA's proposed deeming.

• Association of State and Territorial Health Officials (ASTHO) sends letter to FDA urging FDA to issue

proposed regulations addressing advertising, ingredients and sales to minors before October 31, 2013.

November 2013:

• First E-Cigarette Summit was held at the Royal Society in London to provide a platform to present and

scrutinize the available science and evidence on electronic cigarettes with the aim to help inform public

health and policy debates that were being held in the run up to the vote on the European Tobacco

Products Directive.

• First three electronic cigarette commercials banned in the U.K. "In their efforts to comply with the ad

codes, the marketers were guilty of lack of clarity. All three spots are pretty obscure because they try so

hard not to promote smoking that they neglect to mention what the product does. Wh ile they were

condemned for being misleading, the ads were cleared by the ASA of being 'irresponsible and harmful."'

(See here for full article.)

• SFATA hosts its first "day on the Hill" fly-in for SFATA members to meet with senior and staff legislators in

Washington, D.C.

• Letter from Reps. Waxman, DeGette and Pallone to FDA re dangers of e-cigarette advertising. To see the

accompanying slideshow, click here.

• Campaign for Tobacco-Free Kids (CTFK) issues press release demanding FDA regulation of electronic

cigarettes.

• Ban on vaping in public lifted in Italy.

December 2013:

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• FDA hosts a webinar entitled "20 Years Later-Returning to FDA to Regulate Tobacco." Presentation (including slides) can be viewed here.

• Six Senators send letter to Federal Trade Commission (FTC) urging an investigation of e-cigarette

marketing practices.

• American E-Liquid Manufacturing Standards Association (AEMSA) attends third listening session with FDA.

2014

January 2014:

• CASM provides testimony to 0MB Office of Information and Regulatory Affairs re FDA's proposed

deeming regulations (which proposed regulations hadn't been publicly released at the time of the

meeting).

• Burstyn's "Peering through the mist: systematic review of what the chemistry of contaminants in

electronic cigarettes tells us about health risks" published in BMC Public Health. By reviewing over 9,000

observations about the chemistry of the vapor and the liquid in e-cigarettes, Dr. Burstyn determined that

the levels of contaminants e-cigarette users are exposed to are insignificant, far below levels that would

pose any health risk. Additionally, there is no health risk to bystanders. (CASM provided a grant to Dr.

Burstyn to fund this study.)

• Surgeon General issues, ''The Health Consequences of Smoking-SO Years of Progress: A Report of the

Surgeon General, 2014."

February 2014: Altria announces it will launch its MarkTen vapor product nationwide in the second quarter

of 2014. Also announces its purchase of Green Smoke, Inc. for $110 million in cash (subject to closing adjustments) and up to $20 million in incentive payments.

March 2014:

• Various state attorneys general send letters to the CE Os of Wal-Mart, Walgreens, Rite-Aid, Safeway and

Kroger.

• New York City C.L.A.S.H. (CLASH) filed a lawsuit against the City of New York and the New York City Council

seeking to overturn a ban one-cigarette use wherever smoking is prohibited. See here and here for more information on the lawsuit. CASM donates $1,000 to support the effort.

April 2014:

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• FDA releases proposed regulation attempting to exert regulatory authority of e-cigarettes as tobacco products. (See also the Preliminary Regulatory Impact Analysis, Initial Regulatory Flexibility Analysis,

Unfunded Mandates Reform Act Analysis.)

• Western Australia - The Magistrate's Court ruled in Hawkins v. Van Heerden (October 2013) that Van

Heerden did not violate S106(a) of the Tobacco Products Control Act 2006 (WA) (the "Act"). The matter was

appealed by Hawkins, a compliance officer with the Department of Health, to the Supreme Court of

Western Australia, which court ruled in April 2014 that Vince Van Heerden violated the Act by selling

products (electronic cigarettes) designed to resemble a tobacco product. Van Heerden appealed that

decision to the Court of Appeal, but the appeal was dismissed in March 2016, meaning that it remains

illegal in Western Australia to sell vapor product devices, regardless of whether they contain nicotine. (We

note that the vapor products in question were described as "510-T" and "eGo-T," which one would not

describe as looking like traditional combustible cigarettes or cigars.) (In November 2014, CASM made a

donation of $500 to help fund the legal battle in an effort to help preserve consumer access to vapor

products in Western Australia.)

• American Va ping Association (AVA), a nonprofit vapor industry advocacy organization, formed in

December 2014 announces that Gregory Conley as its president. AVA champions the use of of vapor

products and e-cigarettes to help smokers quit.

May 2014: CASM releases an overview of its Action Plan regarding proposed FDA regulations

• CASM issues the First Call to Action (encouraging consumers to request an extension of time to comment)

and the Second Call to Action (encouraging consumers to comment on the Paperwork Reduction Act).

• CASM submits a comment to 0MB Office of Information and Regulatory Affairs regarding Paperwork

Reduction Act and FDA deeming regulation.

• European Union adopts Tobacco Products Directive (TPD), Directive 2014/40/EU, to be implemented by

member states by May 20, 2016.

June 2014:

• CASM issues Third Call to Action as part of its Action Plan, encouraging consumers to demand a

congressional hearing involving CDC's and FDA's actions.

• Smoke-Free Alternatives Trade Association (SFATA) announces its Age to Vape™ program, which will

distribute free age-restriction signs to brick-and-mortar vapor product retailers across the nation.

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• First Global Forum on Nicotine (GFN) took place in Warsaw, Poland, in June 2014. The event attracted

around 200 people from 26 countries and featured presentations from many of the world's leading

nicotine researchers and policy analysts. (See here for for Conference Report.)

July 2014:

• On July 15, 2014, Reynolds American agrees to buy Lorillard Tobacco Company for $27.4 billion. The deal

also includes the sale of the Kool, Winston, Salem, and blu brands to Imperial Tobacco for $7.1 billion.

• CASAA issues Fourth Call to Action as part of its Action Plan, encouraging consumers to submit a comment

in response to FDA's proposed regulations. (See also streamlined version of Fourth Call to Action here.)

August 2014:

• Organizations submit comments involving FDA proposed regulations.

• CASAA comment filed August 7, 2014

• SFATA comment filed August 8, 2014

• AEMSA comment filed August 8, 2014

• Smokefree Pennsylvania comment filed August 8, 2014

• Free To Vape project hand-delivered to FDA more than 40,000 comments from individual consumers and

business owners ON August 8, 2014.

• Lorillard commented filed August 7, 2014.

• American Council on Science and Health comment filed June 27, 2014.

• National Hookah Alliance comment filed August 8, 2014.

• Three Altria companies file comments:

• Middleton comment filed August 8, 2014.

• Nu Mark comment filed August 8, 2014.

• Ph ilip Morris USA comment filed August 7, 2014.

• RAI Services Company (Reynolds) comment filed August 8, 2014.

• Anti-e-cigarette organizations submit comments involving FDA proposed regulations.

• Oregon Health Authority comment filed August 7, 2014.

• Various organizations file joint comment August 7, 2014.

• 29 State Attorneys General file joint comment August 8, 2014.

• Public Health Seattle and King County file comment August 8, 2014. www.casaa.org/historical-timeline-of-electronic-cigarettes/ 17/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• FDA opens a docket for public comment on modified risk tobacco product applications (MRTPAs) submitted by Swedish Match North America Inc. for 10 tobacco products. (Swedish Match's actual

application downloadable here.}

• CASMs comment filed on November 25, 2014.

• Public Health Agency of Sweden filed on February 23, 2015.

• RAI Services Company (Reynolds) filed November 21, 2014.

• Smokefree Pennsylvania filed November 25, 2014.

• Lorillard filed February 11, 2015.

• Clive Bates and other tobacco harm reduction experts filed November 18, 2014.

September 2014:

• FDA announces the first (December 10 and 11, 2014) of a series of three workshops on e-cigarettes and

the public health.

• CASAA files comment on NIOSH proposed recommendations regarding workplace tobacco use.

October 2014:

• Six senators call for FDA to adopt aggressive warning labels fore-cigarettes.

• Launch of E-Research Foundation, a nonprofit 501(c)(3)organization established to further advance the

scientific study of e-vapor products (aka electronic cigarettes), related products and their use.

• Pillbox 38 (UK) Limited (Totally Wicked) wins the right to formally challenge the validity of the EU Tobacco

Products Directive (TPD) at the Court of Justice of the EU (CJEU) in Luxembourg.

• Third community-based effort to petition the White House regarding regulation of e-cigarettes. The

minimum threshold of 100,000 signatures was obtained, and the response was again largely

nonresponsive. (Response can be viewed at petition link.)

November 2014:

• Letter from Speaker of the House John Boehner, Majority Leader Kevin McCarthy, and Chair of Energy &

Commerce Committee Fred Upton to Sylvia Burwell (Secretary Department of Health and Human Services)

asking that the grandfather date for newly deemed tobacco products be moved from February 15, 2007 to

April 25, 2014 (date the proposed deeming regulation was published) or the date the regulation is finally

published. (See also CASAA Call to Action issued December 2014 requesting legislators consider a

different regulatory scheme fore-cigarettes and support a change in the grandfather date.) www.casaa.org/historical-timeline-of-electronic-cigarettes/ 18/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• Oxford Dictionaries announces the word of the year is "vape."

December 2014: First of three FDA workshops held, this one being on the physical characteristics of e­

cigarettes. (You can find the transcript of that workshop here.) CASAA issues Call to Action March 2015.

2015

January 2015: CASAA relaunches its testimonials project and creates new website for its tobacco harm

reduction success stories collection.

February 2015: Center for Environmental Health announces it is initiating legal action against 19

companies for alleged California Proposition 65 violations. (See here for analysis of the lawsuit.)

March 2015:

• Second of three FDA workshops held, this one being about issues related to individual health. (You can

find the transcript of that workshop here.) CASAA issues Call to Action April 2015.

• California Department of Public Health (CDPH) announces its premiere of "a series of television, digital,

and outdoor ads in a new campaign called 'Wake Up,' as part of its educational effort to inform the public

about the dangers of e-cigarettes." CDPH promotes the website stillblowingsmoke.org as part of that

effort, which effort was promptly derailed by a campaign developed by Stefan Didak entitled "Not Blowing

Smoke" (NBS) at a cost of less than $100. Within days, NBS dominated Twitter, almost completely eclipsing

the CDPH's multi-million dollar effort. (NBS was later incorporated in August 2015 as a California

nonprofit.)

April 2015: Tobacco Products Scientific Advisory Committee (TPSAC) holds a public hearing on Swedish

Match's modified risk tobacco product application (MRTP filed August 2014). TPSAC could not reach a

consensus. Among other things, Swedish Match proposed replacing the warning that "This product is not a

safe alternative to cigarettes" with the statement, "No tobacco product is safe, but this product presents

substantially lower risks to health than cigarettes." Four of the eight TPSAC members felt that the evidence

presented did not support the alternate warning label.

May 2015: Indiana passes HB 1432, which, among other things, prohibits e-liquid manufacturers (whether

in-state or out-of-state) from selling products to retailers and distributors in Indiana without a permit. (See

CASAA Indiana Call to Action issued in March 2015 for more details.) The permit would require compliance

with burdensome and expensive manufacturing and security protocols that may be impossible to meet. Of

particular concern, these requirements only apply toe-cigarette refill liquid used in open-system products

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and specifically do not apply to closed-system products (i.e., cigalikes). In response, a federal lawsuit was filed in May of 2015 by two out-of-state manufacturers and an in-state vendor. In September of 2015, The

Right to be Smoke-Free Coalition filed a motion to intervene and its complaint. December 2015, Hoosier

Vapers, Inc. and five other plaintiffs filed a lawsuit at the state level.

June 2015: Third of three FDA workshops held, this one being about issues related to population health.

(You can find a transcript of that workshop here.) CASAA issues Call to Action June 2015.

August 2015: Public Health England announces its expert independent review concludes that e-cigarettes

are significantly less harmful to health than smoking and have the potential to help smokers quit smoking.

September 2015:

• The Right to be Smoke-Free Coalition filed a motion to intervene and its complaint in the Indiana federal

lawsuit filed in Mayof2015 involving HB 1432.

• FDA issues proposed rule "Clarification of When Products Made or Derived From Tobacco Are Regulated as

Drugs, Devices, or Combination Products."

• Comment filed by CASAA.

• Comment filed by SFATA.

• Comment filed by Smokefree Pennsylvania.

• Comment filed by AEMSA.

• Comment filed by Altria Client Services.

October 2015:

• Final deeming regulations delivered by FDA to 0MB Office of Information and Regulatory Affairs (OIRA)

for review.

• TVECA announces it has a copy of the final deeming regulations and industry guidance and promises to

release them to the public. TVECA only publishes what they claim to be a draft industry guidance

document and the table of contents for the final deeming regulations. Center for Tobacco Products (CTP)

releases a special statement, noting that FDA's policy is not to release draft documents or negotiate with

outside groups while documents are under review and refuse to confirm or deny that TVECA has authentic

or current documents. "It is our understanding based on recent conversations between the FDA and

TVECA, that the group will not be releasing the document in question."

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• Eleven U.S. Senators deliver a letter to OIRA, stating, among other things, "We urge 0MB to work quickly to finalize review of the final deeming rule, ensuring that the rule gives FDA authority over all tobacco

products including e-cigarettes and cigars, explicitly bans the use offlavorings and marketing that appeals

to children, and mandates child-proof packaging of e-liquids (liquid nicotine). We also implore that the

final rule not move the 'grandfather date' for new products (set at February 15, 2007). Altering this

grandfather date would exempt a wide range of e-cigarettes and related products from any premarket

review to determine whether they constitute threats to public health."

November 2015:

• FDA grants PMTA approval to eight Swedish Match smokeless tobacco products. According to the FDA

press release, "This action permits the tobacco products to be sold in the U.S., but does not mean that

they are safe or 'FDA approved."' (See analysis by Carl Phillips here.)

• Several lawsuits filed, including (1) a class action lawsuit against Five Pawns, Inc. involving the presence of

diacetyl and acetyl propionyl in their e-liquids and alleged failure to disclose or properly warn consumers,

and (2) two lawsuits (here and here) filed by Center for Environmental Health (CEH) against various e­

cigarette companies alleging California Proposition 65 violations. CEH reports that it has filed lawsuits

against a total of 60 e-cigarette companies, only one of which was settled. (See analysis by Carl Phillips

here.)

• Paper published in Tobacco Control wherein the authors alleged "brandalism" of CDC materials and claim

that e-cigarette advocates with close ties to industry are misleading and deceiving the public and

infringing on the government's copyright. See commentary by Dr. Michael Siegel here, Not Blowing

Smoke's press release here, and Dr. Carl Phillips' discussion here of the base inappropriateness of CDC's

campaign.

December 2015:

• CASM meets with OMB/OIRA and presents 57-page report regarding the devastating impact of potential

FDA deeming of electronic cigarettes. In addition, CASM delivers more than 7,600 testimonials regarding

consumer success stories and results from its survey of more than 20,000 members.

• Smokefree Pennsylvania submits 158-page report to OMB/OIRA calling for FDA's proposed deeming

regulation to be withdrawn.

• American E-Liquid Manufacturing Stands Association (AEMSA) meets with, and submits report to,

OMB/OIRA.

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• Nine Senators send a letter to the Federal Trade Commission (FTC) asking it to investigate unfair or deceptive acts of e-liquid retailers. In addition, these senators sent letters to various e-liquid retailers

regarding possible marketing of nicotine-containing products using recognizable brand names of various

foods and drinks. Letters were also sent to companies informing them that their brand names/images

were being used in connection withe-liquid marketing and asking them what steps they were taking to

prevent this kind of use.

• Iowa Attorney General Tom Miller issues a press release noting, "The harm of the combustible cigarette is

dramatically greater than the harm of thee-cigarette." Mr. Miller also corrects some of the misinformation

regarding youth use of e-cigarettes and says, "adults misleading kids to get them to do what we want has

always been a failed strategy."

• City of Chicago Department of Public Health launched a campaign, which has been roundly criticized by

tobacco harm reduction advocates. (See, for example, here and also CASAA's Call to Action.)

• December 2015, Hoosier Vapers, Inc. and five other plaintiffs file a lawsuit in Indiana state court in

connection with HB 1432.

• German Federal Court of Justice (Bundesgerichtshof (BGH)) holds that the nicotine-containing liquids used

in electronic cigarettes (e-cigarettes) qualify as tobacco products and that their distribution and sale

without a permit are therefore illegal.

• Advocate General (UK) issues nonbinding opinion upholding Article 20 of the Tobacco Products Directive

(TPD) against the challenge launched by Pillbox 28 (UK) Limited (Totally Wicked).

2016 January 2016:

• Vapor Technology Association (VTA), a national trade association, announces its launch.

• SEVIA USA, an association of Chinese e-cigarette manufacturers, forms in order to commit resources to

fight against "unfair and burdensome FDA regulations." SEVIA USA's founding members include Aspire,

Kangertech, Innokin, and SMOK.

• The country of Turkmenistan is reported to have banned the sale of all tobacco products.

• President Obama signs S 142, the Child Nicotine Po isoning Prevention Act of 2015, which requires the

packaging of "liquid nicotine containers" to be subject to existing child poisoning prevention packaging

standards, effective date of July 26, 2016.

• Appeal filed in New York City C.L.A.S.H. (CLASH) lawsuit against City of New York challenging City's ban of

e-cigarette use wherever smoking is prohibited. (This appeals the grant of summary judgment in favor www.casaa.org/historical-timeline-of-electronic-cigarettes/ 22/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

the City May 2015.)

February 2016:

• Coalition letter sent to members of Congress opposing FDA's deeming regulation.

• National Centre for Smoking Cessation and Training (UK) issues a briefing making recommendations for

stop smoking practitioners and services, providing common questions and suggested answers about e­

cigarettes, and summarizes the evidence upon which these recommendations are drawn. See also

commentary by Clive Bates on the import of this document here.

March 2016:

• Van Heerden had been previously convicted in April of 2014 by the Supreme Court (Western Australia) for violating S106(a) of the Tobacco Products Control Act 2006 (WA) (the "Act"). He sold electronic cigarettes

(without nicotine), which the Supreme Court determined were products designed to resemble a tobacco

product. Van Heerden appealed the conviction to the Court of Appeal (Western Australia), which appeal

was dismissed in March 2016. It remains illegal in Western Australia to sell vapor product devices,

regardless of whether they contain nicotine. (We note that the vapor products in question were described

as "510-T" and "eGo-T," which one would not describe as looking like traditional combustible cigarettes or

cigars.)

• U.S. Department ofTransportation bans e-cigarette use on planes. (For more detailed information, see here.)

April 2016:

• The Royal College of Physicians (UK) issued a 200-page report entitled "Nicotine without smoke: tobacco

harm reduction, examining the science, public policy, regulation and ethics surrounding e-cigarettes and

other non-tobacco sources of nicotine, and addressing these controversies and misunderstandings with

conclusions based on the latest available evidence. Significantly, the report notes that "[s]mokers can ...

be reassured and encouraged to use them, and the public can be reassured that e-cigarettes are much

safer than smoking." (To download the full report, click here.)

• A 25 year old shopkeeper in Mohali (Punjab, India) sentenced to 3 years in jail for selling e-cigarettes in

violation of the The Cigarettes and Other Tobacco Products Act (COTPA). (Letter from Food & Drug

Administration Punjab re e-cigarettes can be found here, and a copy of the court's judgment dated April 7,

2016 can be found here.)

www.casaa.org/historical-timeline-of-electronic-cigarettes/ 23/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• Competitive Enterprise Institute (CEI) and CASAA filed a lawsuit challenging the Department of

Transportation's (USDOT) recent regulation extending the existing statute prohibiting smoking aboard

aircraft to cover electronic cigarettes, maintaining that USDOT was exceeding the scope of its

congressional grant of authority. (See also the comment filed by CEI and CASAA in November 21, 2011 in

response to USDOT's proposed rule and also this for further analysis of the legal underpinnings of the

case. See also statement of issues filed May 2016 and brief filed August 2016.)

May 2016:

• FDA's final deeming regulations issued.

• FDA's press release.

• The final deeming regulations officially published May 10, 2016, effective 90 days later on August 8,

2016.

• Deeming Final Rule Redline Changes (OMB/OIRA changes primarily involving flavors).

• Retailer Overview of FDA Regulations for Selling Tobacco Products

• Communication Resources for Final Rule Extending Authorities to All Tobacco ProductsSmall Entity

Compliance Guide: FDA Deems Certain Tobacco Products Subject to FDA Authority, Sales and

Distribution Restrictions, and Health Warning Requirements for Packages and Advertisements.

• Premarket Tobacco Product Applications for Electronic Nicotine Delivery Systems (ENDS).

• Tobacco Product Master Files.

• Requirements for the Submission of Data Needed to Calculate User Fees for Domestic Manufacturers

and Importers of Cigars and Pipe Tobacco.

• Small Entity Compliance Guide: Requirements for the Submission of Data Needed to Calculate User Fees

for Domestic Manufacturers and Importers of Tobacco Products.

• Final Regulatory Impact Analysis, Final Regulatory Flexibility Analysis, Unfunded Mandat es Reform Act

Analysis issued by FDA.

• Guidance on deeming regulations issued by industry groups:

• SFATA Guidance

• VTA Guidance

• Lawsuits filed challenging the deeming regulations:

• Nicopure Labs files complaint in federal court (DC District) challenging the deeming regulations.

• Lost Art Liquids files complaint in federal court (Central District CA) challenging the deeming regulatio www.casaa.org/historical-timeline-of-electronic-cigarettes/ 24/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• John Middleton Company LLC files complaint in federal court (DC District) challenging FDA's authority to

ban the use of the word "mild" to describe/brand their Black and Mild cigars.

• 17 U.S. Senators (Democrats) send letter to FDA demanding additional regulations on flavoring and

marketing.

• Coalition (R Street Institute, Americans for Tax Reform, Campaign for Liberty, Competitive Enterprise

Institute, Council for Citizens Against Government Waste, FreedomWorks, Heartland Institute, Jeffersonian

Project, Less Government, Log Cabin Republicans, National Taxpayers Union, and Taxpayers Protection

Alliance) sends letter to Committee on Energy and Commerce requesting that Congress pass HR 2058 to

change the predicate date for newly deemed tobacco products (which would include e-cigarettes).

• Sen. Ron Johnson (R-WI), chairman of the Senate Homeland Security and Governmental Affairs

Committee, sent a letter to FDA raising concerns about the agency's recent e-cigarette regulation, which

could create undue burdens on small businesses and possibly lead to negative unintended health

consequences.

• European Court of Justice upholds Article 20 of the Tobacco Products Directive (TPD), dismissing several

lawsuits, including one by Totally Wicked (Pillbox 38) which claimed Article 20 was a disproportionate

impediment to the free movement of goods and the free provision of services, placed electronic cigarettes

at an unjustified competitive disadvantage to tobacco products, failed to comply with the general EU

principle of equality, and breached the fundamental rights of electronic cigarette manufacturers.

• The documentary "A Billion Lives" makes its world premiere at the 2016 Doc Edge Film Festival in New

Zealand.

June 2016:

• Sen. Ron Johnson (R-WI), chairman of the Senate Homeland Security and Governmental Affairs

Committee, sent a second letter to FDA raising concerns about new e-cigarette regulations, a follow-up to

his previous letter to FDA Commissioner Robert M. Califf on May 17, 2016.

• Global Premium Cigars files complaint in federal court (Southern District of FL, Miami Division) challenging

the deeming regulations.

• Right to be Smoke-Free Coalition (RSF) files lawsuit in federal court (DC District) challenging the deeming

regulations, and court orders it consolidated with the Nicopure Labs lawsuit.

July 2016:

www.casaa.org/historical-timeline-of-electronic-cigarettes/ 25/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• Pennsylvania enacts a 40% wholesale tax on "other tobacco products" (smokeless tobacco, roll-your­

own tobacco, pipe tobacco, and e-cigarettes). The tax, effective October 1, 2016, is on not one-liquid, but

also devices, batteries, and most accessories. It also includes a crippling 40% floor tax on all inventory assessed October 1, 2016 and payable 90 days later. (You can see the Pennsylvania Department of

Revenue's guidance here.) Pennsylvania is also assessing the tax on consumers who purchase products

out of state. More information about the devastating impact of the tax can be found here.

August 2016:

• CEI and CASM file a brief in lawsuit challenging DOT's authority to redefine "smoking" to bane-cigarette

use on planes.

• World Health Organization (WHO) issues a report entitled "Electronic Nicotine Delivery Systems and

Electronic Non-Nicotine Delivery Systems (ENDS/ENNDS)" in response to a request made by

the Conference of the Parties to the WHO Framework Convention on Tobacco Control.

September 2016:

• FDA issues first warning letters for sales to minors of newly deemed tobacco products (e-cigarettes/e­

liquids and cigars).

• NJOY files for Chapter 11 bankruptcy. In his declaration to the court, interim President Jeffrey Weiss

blames the company's troubles in part on (1) failure of King 2.0 brand, (2) increased relaunch

expense and research and development costs, (3) governmental regulation and increased legal expense

associated with FDA regulation and state restrictions, (4) expenses related to intellectual property

litigation and prosecution (primarily involving lawsuit with Fontem Ventures BV), (5) limited liquidity and

capital resources.

• Anti-vaping groups send letter to Senators Thad Cochran, Jerry Moran, Barbara Mikulski, and Jeff Merkley

asking that they deny attempts to allow policy riders that would modernize the predicate date for newly

deemed products or exempt cigars.

October 2016:

• Ri ght to Vape Tour launched as a joint effort by CASM, SFATA, and AVA. The Right to Vape coalition is

urging Congress to change the "predicate date" of the Tobacco Control Act from February 15th of 2007 to

August 8th of 2016, a recognition that a new industry selling products that are at least 95% less harmful

than combustible cigarettes should not be treated more harshly than cigarettes ever were. Without a

change in the predicate date, an estimated 99% of the vapor products currently on the market will be www.casaa.org/historical-timeline-of-electronic-cigarettes/ 26/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

eliminated, thousands of businesses will close, and millions of consumers will lose access to these low-risk

products.

• UK Centre for Tobacco & Alcohol Studies issues response to WHO's report on electronic nicotine delivery

systems and electronic non-nicotine delivery systems. {Response can be downloaded here.)

• ASH publishes Fact Sheet - Use of electronic cigarettes among ch ildren in Great Britain detailing statistics

on youth (ages 11-18).

• Tom Miller, Iowa Attorney General and Chairman of the Board of Directors of Truth Initiative, spoke about

the promise vapor products hold for millions of smokers and of the importance of regulating based on

comparative risk. Text of his powerful remarks at the FDLI tobacco conference can be found here. See also

Clive Bates' commentary on AG Miller's talk (and text oftalk) at November 17, 2016 E-Cigarette Summit.

November 2016:

• CASM issues its first voting guide.

• Tobacco Harm Reduction Expert Group (Konstantinos E. Farsalinos M.D.; Professor Riccardo Polosa;

Christopher Russell Ph.D.; Amir Ullah Khan Ph .D.; Julian Morris; and Prof. Rajesh N. Sharan) issues

its mission statement. Among other things, the group notes its support of government policies that seek

to remove barriers to the availability of better, safer, non-combustible nicotine delivery products, with

appropriate quality standards and regulations, and the group urges the World Health Organization (WHO)

to apply harm reduction strategies in connection with its tobacco control efforts.

• Senator Ron Johnson (Chairman of Committee on Homeland Security and Governmental Affa irs) sent a

letter to FDA Commissioner Califf, noting, "In light of the significant economic costs on thee-cigarette

industry and the substantial likelihood that the incoming Administration and the 115th Congress will

unwind this burdensome regulation, I call on the FDA to cease its implementation of the current

regulation over e-cigarettes."

• Final briefs filed in CEI v. DOT lawsuit re DOT redefining "smoking" to include vaping. See here for CEl's

final reply brief, here for CEI's final opening brief, and here for DOT's brief.

• U.S. Housing and Urban Development {HUD) bans smoking in public housing, but specifically declines to

ban vaping, noting that, "Unlike with products that involve burning of substances, there is little evidence

that ENDS significantly increases fire risks, and there is no conclusive evidence that the vapors emitted by

ENDS cause damage to the units themselves. Therefore, prohibiting ENDS will not necessarily reduce the

risk of catastrophic fires or maintenance costs for PHAs, and this rule does not prohibit the use of ENDS."

www.casaa.org/historical-timeline-of-electronic-cigarettes/ 27/28 12/12/2019 Historical Timeline of Electronic Cigarettes I CASAA

• In California, Proposition 56, which was sold to voters as a necessary hike in cigarette taxes, passed, enacting an equivalent tax of 60-70% wholesale on vapor products sold in the state. Colorado

(Amendment 72) and North Dakota (Measure 4) both voted down ballot initiatives that dealt with taxation

of vapor/tobacco products.

December 2016:

• New Nicotine Alliance (NNA) issues briefing paper entitled, "Revision of the Tobacco Excise Directive,

Implications for Low-Risk Nicotine Products." Among other things, NNA maintains that there should be no

excise tax on e-cigarettes, vapor products, or smoke-free tobacco products (i.e., smokeless tobacco and

heated tobacco products).

• Vapor Technology Association issues guidance on FDA registration and product listing.

• FDA issues industry guidance on tobacco health document submission.

• Philip Morris International (PMI) announces it has f iled a modified risk tobacco product (MRTP)

application with FDA for its heated tobacco product (IQOS). Altria announces it will have exclusive rights to

market this product in the U.S. (For more information on the MRTP process, see here.)

• U.S. Surgeon General releases a report entitled, "E-Cigarette Use Among Youth and Young Adults," along

with an accompanying website. Tobacco harm reduction advocates were sharply critical of the report. (You

can view CASAA's response, as well as the response of other tobacco harm reduction advocates, here.)

• Senator Ron Johnson (R-WI) and Representative Duncan Hunter (R-CA) send a letter to Vice President-elect

Pence calling for FDA overreach to be reigned in, noting, "As we continue to pursue legislative options that

will protect the thousands of small businesses that rely on producing and selling e-cigarettes, we

respectfully urge the new Administration to consider repealing or suspending the FDA's burdensome

deeming regulation over e-cigarettes."

www.casaa.org/historical-timeline-of-electronic-cigarettes/ 28/28 12/12/2019 Toking, Vaping, and Eating for Health or Fun: Marijuana Use Patterns in Adults, U.S., 2014. - PubMed - NCBI

IPubMed

Format: Abstract Full text links ~I: l r.; [ \. I E RJ Am J Prev Med. 2016 Jan;50(1 ):1-8. doi: 10.1016/j.amepre.2015.05.027. Epub 2015 Aug 12. iH■llfflffiUII@! Toking, Vaping, and Eating for Health or Fun: Marijuana Use Patterns in Adults, U.S., 2014.

Schauer GL 1, King BA2, Bunnell RE2, Promoff G2, McAfee TA2. Author information 1 Carter Consulting, Inc., Contractor to Office on Smoking and Health, CDC, Atlanta, Georgia; Department of Behavioral Sciences and Health Education, Emory University, Atlanta, Georgia;. Electronic address: [email protected]. 2 Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion, CDC, Atlanta, Georgia.

Abstract INTRODUCTION: Policies legalizing marijuana for medical and recreational use have been increasing in the U.S. Considering the potential impact of these policies, important knowledge gaps exist, including information about the prevalence of various modes of marijuana use (e.g., smoked in joints, bowls, bongs; consumed in edibles or drinks) and about medical versus recreational use. Accordingly, this study assessed (1) prevalence and correlates of modes of current and ever marijuana use and (2) prevalence of medicinal and recreational marijuana use in U.S. adults.

METHODS: Data came from Summer Styles (n=4,269), a nationally representative consumer panel survey of adults aged ~18 years, collected in 2014. The survey asked about past 30-day (current) and ever mode of marijuana use and current reason for use (medicinal, recreational, both). Weighted prevalence estimates were computed and correlates were assessed in 2014 using logistic regression.

RESULTS: Overall, 7.2% of respondents reported current marijuana use; 34.5% reported ever use. Among current users, 10.5% reported medicinal-only use, 53.4% reported recreational-only use, and 36.1 % reported both. Use of bowl or pipe (49.5%) and joint (49.2%) predominated among current marijuana users, with lesser use of bong, water pipe, or hookah (21.7%); blunts (20.3%); edibles/drinks (16.1 %); and vaporizers (7.6%); 92.1% of the sample reported combusted-only marijuana use.

CONCLUSION: Combusted modes of marijuana use are most prevalent among U.S. adults, with a majority using marijuana for recreation. In light of changing policies and patterns of use, improved marijuana surveillance is critical for public health planning.

Copyright © 2016 American Journal of Preventive Medicine. All rights reserved.

PMID: 26277652 DOI: 10, 1016/j&.!!]!;lpre,2015,05,027 https://www.ncbi.nlm.nih.gov/pubmed/26277652 1/2 12/12/2019 Toking, Vaping, and Eating for Health or Fun: Marijuana Use Patterns in Adults, U.S., 2014. - PubMed - NCBI

[Indexed for MEDLINE]

MeSH terms, Substance

LinkOut - more resources

https://www,ncbi,nlm,nih,gov/pubmed/26277652 2/2 Exhibit 3 Generated on: This page was generated by TSDR on 2020-01-08 13:37:44 EST

Mark: VOOM vooo

US Serial Number: 88463272 Application Filing Jun. 06, 2019 Date: US Registration 5943555 Registration Date: Dec. 24, 2019 Number: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal

Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Dec. 24, 2019 Publication Date: Oct. 08, 2019

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For: Electronic cigarettes; electronic cigars; cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; smokeless cigarette vaporizer pipe International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE

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Attorney of Record Attorney Name: Bin Li Docket Number: TM 505.116 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent BIN LI Name/Address: LAW OFFICES OF BIN LI 730 N DIAMOND BAR BLVD DIAMOND BAR, CALIFORNIA UNITED STATES 91765 Phone: 909-861-6880 Fax: 909-861 -8820 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Dec. 24, 201 9 REGISTERED-PRINCIPAL REGISTER Oct. 08, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Oct. 08, 2019 PUBLISHED FOR OPPOSITION Sep. 18, 2019 NOTIFICATION OF NOTI CE OF PUBLICATION E-MAILED Sep. 05, 2019 ASSIGN ED TO LIE 68552 Aug. 30, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Aug. 30, 2019 EXAMINER'S AMENDMENT ENTERED 88888 Aug. 30, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Aug. 30, 2019 EXAMINERS AMENDMENT E-MAILED 6328 Aug. 30, 2019 EXAMINERS AMENDMENT -WRITTEN 93424 Aug. 27, 2019 ASSIGN ED TO EXAMINER 93424 Jun. 20, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jun. 10, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

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Reg. No. 5,943,555 Voom Technology (HK) Company Limited (HO IQ KONG company limited) Flat/nn 9, 9/f Workingberg Bldg. Registered Dec. 24, 2019 No. 41-47 Marble Rd. orth Point, HONG KONG

Int. Cl.: 34 CLASS 34: Electronic cigarettes; electronic cigars; cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of Trademark electronic cigarettes; smokeless cigarette vaporizer pipe

Principal Register FIRST USE 5-3-2019; IN COMMERCE 5-13-2019

The mark consists of the word "VOOM" in stylized fonn.

SER. NO. 88-463,272, FILED 06-06-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:38:27 EST

Mark: VAPAL VAPAL

US Serial Number: 88439237 Application Filing May 21 , 2019 Date: US Registration 5926164 Registration Date: Dec. 03, 2019 Number: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Dec. 03, 2019 Publication Date: Sep. 17, 2019

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For: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Cigar and cigarette boxes; Cigar and cigarette boxes not of precious metal; Cigar boxes; Cigar boxes not of precious metal; Cigar boxes of precious metal; Cigar cases; Cigar cases of precious metal; Cigar clippers; Cigar cutters; Cigar holders; Cigar holders of precious metal; Cigar lighters; Cigar pouches; Cigar tubes; Cigar wraps; Cigarette cases; Cigarette cases not of precious metal; Cigarette cutters; Cigarette filters; Cigarette holders; Cigarette holders not of precious metal; Cigarette holders of precious metal; Cigarette lighter holders; Cigarette lighters; Cigarette lighters not of precious metal; Cigarette lights not of precious metal; Cigarette paper; Cigarette tubes; Cigarette-rolling machines; Cigarettes; Cigarettes and cigars; Cigarettes containing tobacco substitutes, not for medical purposes; Cigars; Electric cigarettes; Electric cigars; Electronic cigarette atomizers sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette lanyards; Electronic cigarette lighters; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Electronic cigarettes and oral vaporizers for smokers; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic cigars; Electronic hookahs; Electronic smoking pipes; Firestones; Holder for a cigarette pack and lighter; Holders for cigars and cigarettes; Hookahs; Leaf tobacco; Lighters for smokers; Match boxes not of precious metal; Mechanical electronic cigarettes; Non-electric cigar lighters not of precious metal; Oral vaporizers for smokers; Oral vaporizers for smoking purposes; Pipe cleaners for tobacco pipes; Pipe racks for tobacco pipes; Pocket devices for self-rolling of cigarettes; Pocket machines for rolling cigarettes; Smokeless cigar vaporizer pipes; Smokeless cigarette vaporizer pipe; Smokeless tobacco; Smokers' clips for securing hand rolled cigarettes; Smokers' rolling trays; Smoking pipe cleaners; Smoking pipe racks; Smoking pipes; Smoking tobacco; Smoking urns; Tobacco; Tobacco and tobacco substitutes; Tobacco grinders; Tobacco pipes; Tobacco pouches; Tobacco substitute; Tobacco substitutes; Tobacco, cigars and cigarettes International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE Basis: 1(a)

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Owner Name: ShenZhen Reker Technology Co.,ltd Owner Address: Room 802,Meilin House,Qiaotou,Fuhai Shenzhen CHINA 518103 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country CHINA Where Organized: Attorney/Correspondence Information

Attorney of Record - None Correspondent Correspondent SHENZHEN REKER TECHNOLOGY CO.,LTD Name/Address: SHENZHEN REKER TECHNOLOGY CO.,LTD ROOM 802,MEILIN HOUSE,QIAOTOU,FUHAI SHENZHEN CHINA 518103 Phone: +86-15625203252 Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Dec. 03, 2019 REGISTERED-PRINCIPAL REGISTER Sep. 17, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Sep. 17, 2019 PUBLISHED FOR OPPOSITION Aug. 28, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Aug. 09, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Aug.08,2019 ASSIGNED TO EXAMINER 94491 Jun. 06, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM May 24, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Dec. 03, 2019 VAPAL

Reg. No. 5,926,164 ShenZhen Reker Technology Co.,Ltd (CHINA LIMITED LIABILITY COMPANY) Room 802,meilin House,qiaotou,fi.ihai Registered Dec. 03, 2019 Shenzhen, CHINA 518103 CLASS 34: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, Int. Cl.: 34 namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid Trademark fonn for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Cigar and cigarette boxes; Cigar and cigarette boxes not of precious metal; Cigar Principal Register boxes; Cigar boxes not of precious metal; Cigar boxes of precious metal; Cigar cases; Cigar cases of precious metal; Cigar clippers; Cigar cutters; Cigar holders; Cigar holders of precious metal; Cigar lighters; Cigar pouches; Cigar tubes; Cigar wraps; Cigarette cases; Cigarette cases not of precious metal; Cigarette cutters; Cigarette filters; Cigarette holders; Cigarette holders not of precious metal; Cigarette holders of precious metal; Cigarette lighter holders; Cigarette lighters; Cigarette lighters not of precious metal; Cigarette lights not of precious metal; Cigarette paper; Cigarette tubes; Cigarette-rolling machines; Cigarettes; Cigarettes and cigars; Cigarettes containing tobacco substitutes, not for medical purposes; Cigars; Electric cigarettes; Electric cigars; Electronic cigarette atomizers sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette lanyards; Electronic cigarette lighters; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid fonn, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Electronic cigarettes and oral vaporizers for smokers; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic cigars; Electronic hookahs; Electronic smoking pipes; Firestones; Hokier for a cigarette pack and lighter; Holders for cigars and cigarettes; Hookahs; Leaf tobacco; Lighters for smokers; Match boxes not of precious metal; Mechanical electronic cigarettes; Ion-electric cigar lighters not of precious metal; Oral vaporizers for smokers; Oral vaporizers for smoking purposes; Pipe cleaners for tobacco pipes; Pipe racks for tobacco pipes; Pocket devices for self-rolling of cigarettes; Pocket machines for rolling cigarettes; Smokeless cigar vaporizer pipes; Smokeless cigarette vaporizer pipe; Smokeless tobacco; Smokers' clips for securing hand rolled cigarettes; Smokers' rolling trays; Smoking pipe cleaners; Smoking pipe racks; Smoking pipes; Smoking tobacco; Smoking urns; Tobacco; Tobacco and tobacco substitutes; Tobacco grinders; Tobacco pipes; Tobacco pouches; Tobacco substitute; Tobacco substitutes; Tobacco, cigars and cigarettes

FIRST USE 8-1-2018; IN COMMERCE 9-9-2018

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY Director of the United States PARTICULAR FONT STYLE, SIZE OR COLOR Patent and Trademark Office SER NO. 88-439,237, FILED 05-21-20 19 Generated on: This page was generated by TSDR on 2020-01-08 13:39:10 EST

Mark: PODSMAIL PODSMAIL

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TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

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Translation: The word ing "PODSMAIL" has no meaning in a foreign language. Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. }} identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks._ _. identify additional (new} wording in the goods/services.

For: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Cartridges sold filled with vegetable glycerin for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Chemical flavorings in liquid form used to refill electronic cigarette cartridges; Electric cigarettes; Electronic cigarette atomizers sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette lanyards; Electronic cigarette liquid (e-liquid} comprised of propylene glycol; Electronic cigarette liquid (e­ liquid} comprised of vegetable glycerin; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic hookahs; Flavorings, other than essential oils, for use in electronic cigarettes; Hookahs; Liquid nicotine solutions for use in electronic cigarettes; Tobacco substitute International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es}:

Class Status: ACTIVE

Basis: 1(a}

First Use: Apr. 26, 2019 Use in Commerce: Apr. 26, 2019 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes

FiledlTU: No Currently ITU: No Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: AKATTAK.I NC .

Owner Address: 1209 PEARL ST DENVER, COLORADO UNITED STATES 80203 Legal Entity Type: CORPORATION State or Country COLORADO Where Organized : Attorney/Correspondence Information

Attorney of Record - None Correspondent Correspondent HANK SUN Name/Address: EXCELLENT CENTURY CENTER TOWER 3 7/F, ROOM 709-710 SHENZHEN CHINA 518000 Phone: +86- x518000 Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Nov. 26, 2019 REGISTERED-PRINCIPAL REGISTER Sep. 10, 2019 OFFICIAL GAZETTE PUBLI CATION CONFIRMATION E-MAILED Sep. 10, 2019 PUBLISHED FOR OPPOSITION Aug. 21 , 2019 NOTIFICATION OF NOTI CE OF PU BLICATI ON E-MAILED Aug. 06, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Aug.05, 2019 ASSIGN ED TO EXAMINER 76725 Jun.03, 2019 NEW APPLI CATION OFFICE SUPPLIED DATA ENTERED IN TRAM May 21, 2019 NEW APPLI CATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Nov. 26, 2019 PODSMAIL

Reg. No. 5,920,545 AKATTAK.I C. (COLORADO CORPORATION) 1209 Pearl St Registered Nov. 26, 2019 Denver, COLORADO 80203 CLASS 34: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, Int. Cl.: 34 namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid Trademark fonn for electronic cigarettes; Cartridges sold filled with vegetable glycerin for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Chemical Principal Register flavorings in liquid fonn used to refill electronic cigarette cartridges; Electric cigarettes; Electronic cigarette atomizers sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette lanyards; Electronic cigarette liquid ( e-liquid) comprised of propylene glycol; Electronic cigarette liquid (e -liquid) comprised of vegetable glycerin; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic hookahs; Flavorings, other than essential oils, for use in electronic cigarettes; Hookahs; Liquid nicotine solutions for use in electronic cigarettes; Tobacco substitute

FIRST USE 4-26-2019; IN COMMERCE 4-26-2019

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR

The wording "PODSMAIL" has no meaning in a foreign language.

SER NO. 88-434,730, FILED 05-1 7-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:39:45 EST

Mark: CALIVANIA

CALIVANIA

US Serial Number: 88431010 Application Filing May 15, 2019 Date: US Registration 5948315 Registration Date: Dec. 31, 2019 Number: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal

Mark Type: Trademark, Service Mark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Dec. 31, 2019 Publication Date: Oct. 15, 2019

Mark Information

Mark Literal CALIVANIA Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. }} identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•--• identify additional (new} wording in the goods/services.

For: Digital music downloadable from the Internet; Musical video recordings; Musical sound recordings; Musical recordings; Compact discs featuring music; Downloadable music files; Downloadable musical sound recordings; Visual recordings and audiovisual recordings featuring music and animation; Downloadable pre-loaded musical ring tones via global computer network and wireless devices; Downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and articles, all in the fields of music and entertainment; Downloadable pre-loaded interactive game programs; Pre-loaded Karaoke player and Karaoke machines; Downloadable computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, photos, images, voice messages, music and information featuring themes and content; Electronically downloadable software for use in enhancing images on computer games; Downloadable computer application software for mobile phones, namely, software for use in database management; Downloadable computer game programs; Downloadable computer game programs and downloadable computer game software for use as an app in the field of entertainment; Downloadable pre-loaded software for web browsing, for customizing ri ng tones and for customizing e-mail and text messages by using multi-media messaging including images, sounds and text; Downloadable computer software for use in generating customized recommendations of audio, video, data, text and other multimedia content, including music, concerts, videos, radio, television, cultural events and entertainment-related programs determined from an analysis of user preferences; Downloadable computer software for creating and sharing playlists of audio and multimedia files; Downloadable computer software for use in connection with an online music subscription service, namely, software for managing customer subscriptions to music subscription services; Downloadable database synchronization software; Downloadable database management software; Downloadable computer software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files, and media files; Downloadable computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content; Downloadable computer software for creating searchable databases of information and data for peer-to-peer social networking databases; Downloadable computer software to enable users to program and distribute audio, video, data, text and other multimedia content, including music, concerts, videos, radio, television, cultural events, and entertainment-related and educational programs via communication networks; Downloadable computer software for accessing, browsing and searching on line databases; Downloadable computer software for setting up, configuring, operating and controlling mobile devices, wearable devices, mobile phones, computers, and computer peripherals, and audio and video players; Backpacks especially adapted for holding laptops, tablet computers, smartphones or notebook computers; Bags especially adapted for holding laptops, tablet computers, smartphones or notebook computers; Bullet-proof personal protection shields in the form of a backpack; Wheeled backpacks especially adapted for holding laptops; Radios; Reading glasses; Record players; Riding helmets; Scuba masks; Downloadable comic strips International 009 - Primary Class U.S Class(es): 021, 023, 026, 036, 038 Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Mar. 01 , 2019 Use in Commerce: Mar. 01 , 2019

For: Comic Books; Posters; Paper; Newspapers; Magazines in the field of music culture; Printing paper, namely, offset printing paper, newsprint paper, book paper, security paper, intaglio paper and typographic paper; Carbon paper; Handkerchiefs made of paper; Printed advertisement boards of paper or cardboard; Signboards of paper or cardboard; Stationery pads; Cardboard tubes; Architects' models; Albums for stickers; Book covers; Book marks; Calendars; Cards, namely, Valentine cards for exchange; Children's activity books; Coloring books; Printed comic strips; Decals; Diaries; Folders; Greeting cards; Magazines featuring printed stories in illustrated form and comic book stories and artwork; Paper napkins; Paper party decorations; Paper tablecloths; Party goodie bags of paper or plastic; Printed invitations; Printed periodicals in the field of comic book stories and artwork; Printed visuals in the nature of comic book stories and artwork; Series of fiction books; Stickers; Temporary tattoo transfers; Collectible trading cards International 016 - Primary Class U.S Class(es): 002, 005, 022, 023, 029, 037, 038, 050 Class(es):

Class Status: ACTIVE Basis: 1(a)

First Use: Mar. 26, 2018 Use in Commerce: Mar. 26, 2018

For: Clothing, namely, T-shirts, long sleeve shirts, turtle necks, mock turtle necks, hats, shorts, shirts, leggings, socks, jerseys, pants, capri pants, capris, headwear for winter and summer, underwear, tank tops for men and women, wristbands, headbands, shoes, rain suits, rainwear, gloves, winter and summer jackets, vests, skull caps, head wraps, shoulder wraps, winter caps, visors, sweat shirts, hooded sweat shirts, pull overs, bras, Padded elbow compression sleeves sold as an integral component of athletic clothing, namely, jerseys and uniforms; leg bands in the nature of leggings International 025 - Primary Class U.S Class(es): 022, 039 Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Apr. 20, 2018 Use in Commerce: Apr. 20, 2018

For: Electronic cigarettes; Electronic cigarettes and components thereof, namely, refill cartridges sold empty, cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes, atomizers sold empty, empty refill cartridges, carrying cases for electronic cigarettes and holders for electronic cigarettes; Electronic cigarette starter kits comprised primarily of electronic cigarettes, electronic cigarette batteries, electronic cigarette battery chargers; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electron ic cigarette cartridges; Liquid nicotine solutions for use in electronic cigarettes; Flavorings, other than essential oils, for use in electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic cigars; Electronic cigarette lighters; Electronic cigarette boxes; Oral vaporizers for smokers; Smokeless cigarette vaporizer pipes; Electronic vapor devices for smokers, namely, oral vaporizers International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Jul. 08, 2018 Use in Commerce: Jul. 08, 2018

For: Entertainment services in the nature of a live musical performer, musical band or musical group; Entertainment services in the nature of live audio and visual performances by musical artists; Entertainment services, namely, arranging and conducting live performances, personal appearances by musical artists; Entertainment services, namely, arranging and conducting live television and radio performances by musical artists; Entertainment services, namely, production of live musical shows, concerts, prerecorded events in the nature of music entertainment, multimedia entertainment events in the nature of interactive crowd participation, videos, multimedia videos, motion picture films, and radio and television programs; Entertainment services, namely, providing non-downloadable recorded music, musical videos, music video clips, photographs in the field of music, biogs featuring user posts about music, music concert tour information and biogs featuring entertainment information and biogs discussing social media postings about entertainment, all via an Internet website or smartphone application via a global computer network or wireless networks; Production and distribution services in the field of sound and visual recordings and entertainment programs, namely, motion pictures, radio programs or videos in the field of music; music library services, namely, provid ing an online database featuring non-downloadable musical sound recordings; Music publishing services; Provision of digital non-downloadable music from the Internet; Provision of digital non-downloadable music from MP3 websites; production of live entertainment features in the nature of music concerts; Providing on line non-downloadable comic strips International 041 - Primary Class U.S Class(es): 100,101, 107 Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Feb. 18, 2018 Use in Commerce: Feb. 18, 2018 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No

Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: CREW BLOOD, LLC Owner Address: 20750 VENTURA BLVD., SUITE 342 WOODLAND HILLS, CALIFORNIA UNITED STATES 91364 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country CALIFORNIA Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Joseph Ford

Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent JOSEPH FORD Name/Address: 1223 WILSHIRE BLVD. #1667 SANTA MONICA, CALIFORNIA UNITED STATES 90403 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative -Not Found Prosecution History

Proceeding Date Description Number Dec. 31 , 2019 REGISTERED-PRINCIPAL REGISTER Oct. 30, 2019 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP Oct. 15, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Oct. 15, 2019 PUBLISHED FOR OPPOSITION Sep. 25, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Sep. 10, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Sep. 10, 2019 EXAMINER'S AMENDMENT ENTERED 88888 Sep. 10, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Sep. 10, 2019 EXAMINERS AMENDMENT E-MAILED 6328 Sep. 10, 2019 EXAMINERS AMENDMENT -WRITTEN 82419 Sep. 09, 2019 PREVIOUS ALLOWANCE COUNT WITHDRAWN Aug. 27, 2019 WITHDRAWN FROM PUB - OG REVIEW QUERY 99910 Aug. 15, 2019 ASSIGNED TO LIE 70884 Aug. 08, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Aug. 08, 2019 EXAMINER'S AMENDMENT ENTERED 88888 Aug. 08, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Aug. 08, 2019 EXAMINERS AMENDMENT E-MAILED 6328 Aug. 08, 2019 EXAMINERS AMENDMENT -WRITTEN 82419 Aug. 01 , 2019 ASSIGNED TO EXAMINER 82419 May 31, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM May 18, 2019 NEW APPLI CATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Dec. 31, 2019 Assignment Abstract Of Title Information

Summary Total Assignments: Registrant: CREW BLOOD, LLC

Assignment 1 of 1

Conveyance: ASSIGNS THE ENTIRE INTEREST Reel/Frame: 6778/0029 Pages: 2

Date Recorded: Oct. 23, 2019 Supporting assignment-tm-6778-0029.pdf Documents: Assignor Name: EXGF CU LTURE, LLC Execution Date: Aug. 08, 2019 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country No Place Where Organized Found Where Organized: Assignee Name: CREW BLOOD, LLC Legal Entity Type: LIMITED LIABILITY COMPANY State or Country CALIFORNIA Where Organized: Address: 20750 VENTURA BLVD., SUITE 342 WOODLAND HILLS, CALIFORNIA 91364 Correspondent Correspondent JOSEPH FORD Name: Correspondent 1223 WILSHIRE BLVD. #1667 Address: SANTA MONICA, CA 90403 Domestic Representative - Not Found CALIVANIA

Reg. No. 5,948,315 CREW BLOOD, LLC (CALIFORNIA LIMITED LIABILITY COMPANY) 20750 Ventura Blvd., Suite 342 Registered Dec. 31, 2019 Woodland Hills, CALIFORNIA 91364 CLASS 9: Digital music downloadable from the Internet; Musical video recordings; Musical Int. Cl.: 9, 16, 25, 34, 41 sound recordings; Musical recordings; Compact discs featuring music; Downloadable music files; Downloadable musical sound recordings; Visual recordings and audiovisual recordings Service Mark featuring music and animation; Downloadable pre-loaded musical ring tones via global computer network and wireless devices; Downloadable electronic books, magazines, Trademark periodicals, newsletters, newspapers, journals and articles, all in the fields of music and entertaimnent; Downloadable pre-loaded interactive game programs; Pre-loaded Karaoke Principal Register player and Karaoke machines; Downloadable computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, photos, images, voice messages, music and infonnation featuring themes and content; Electronically downloadable software for use in enhancing images on computer games; Downloadable computer application software for mobile phones, namely, software for use in database management; Downloadable computer game programs; Downloadable computer game programs and downloadable computer game software for use as an app in the field of entertaimnent; Downloadable pre-loaded software for web browsing, for customizing ring tones and for customizing e-mail and text messages by using multi-media messaging including images, sounds and text; Downloadable computer software for use in generating customized recommendations of audio, video, data, text and other multimedia content, including music, concerts, videos, radio, television, culnrral events and entertaimnent-related programs detennined from an analysis of user preferences; Downloadable computer software for creating and sharing playlists of audio and multimedia files; Downloadable computer software for use in connection with an online music subscription service, namely, software for managing customer subscriptions to music subscription services; Downloadable database synchronization software; Downloadable database management software; Downloadable computer software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files, and media files; Downloadable computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content; Downloadable computer software for creating searchable databases of information and data for peer-to-peer social networking databases; Downloadable computer software to enable users to program and distribute audio, video, data, text and other multimedia content, including music, concerts, videos, radio, television, cultural events, and entertaimnent-related and educational programs via communication networks; Downloadable computer software for accessing, browsing and searching online databases; Downloadable computer software for setting up, configuring, operating and controlling mobile devices, wearable devices, mobile phones, computers, and computer Director of the United States peripherals, and audio and video players; Backpacks especially adapted for holding laptops, Patent and Trademark Office tablet computers, smartphones or notebook computers; Bags especially adapted for holding laptops, tablet computers, smartphones or notebook computers; Bullet-proof personal protection shields in the form of a backpack; Wheeled backpacks especially adapted for (!I holding laptops; Radios; Reading glasses; Record players; Riding hehnets; Scuba masks; Downloadable comic strips

FIRST USE 3-1-2019; IN COMMERCE 3-1-201 9

CLASS 16: Comic Books; Posters; Paper; Newspapers; Magazines in the field of music culnue; Printing paper, namely, offset printing paper, newsprint paper, book paper, security paper, intaglio paper and typographic paper; Carbon paper; Handkerchiefs made of paper; Printed advertisement boards of paper or cardboard; Signboards of paper or cardboard; Stationery pads; Cardboard n,bes; Architects' models; Albums for stickers; Book covers; Book marks; Calendars; Cards, namely, Valentine cards for exchange; Children's activity books; Coloring books; Printed comic strips; Decals; Diaries; Folders; Greeting cards; Magazines feanrring printed stories in illustrated fonn and comic book stories and artwork; Paper napkins; Paper party decorations; Paper tablecloths; Party goodie bags of paper or plastic; Printed invitations; Printed periodicals in the field of comic book stories and artwork; Printed visuals in the nanrre of comic book stories and artwork; Series of fiction books; Stickers; Temporary tattoo transfers; Collectible trading cards

FIRST USE 3-26-2018; IN COMMERCE 3-26-2018

CLASS 25: Clothing, namely, T-shirts, long sleeve shirts, turtle necks, mock turtle necks, hats, shorts, shirts, leggings, socks, jerseys, pants, capri pants, capris, headwear for winter and summer, underwear, tank tops for men and women, wristbands, headbands, shoes, rain suits, rainwear, gloves, winter and swnmer jackets, vests, skull caps, head wraps, shoulder wraps, winter caps, visors, sweat shirts, hooded sweat shirts, pull overs, bras, Padded elbow compression sleeves sold as an integral component of athletic clothing, namely, jerseys and uniforms; leg bands in the nature ofleggings

FIRST USE 4-20-2018; IN COMMERCE 4-20-2018

CLASS 34: Electronic cigarettes; Electronic cigarettes and components thereof, namely, refill cartridges sold empty, cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes, atomizers sold empty, empty refill cartridges, carrying cases for electronic cigarettes and holders for electronic cigarettes; Electronic cigarette starter kits comprised primarily of electronic cigarettes, electronic cigarette batteries, electronic cigarette battery chargers; Electronic cigarette liquid ( e-liquid) comprised of flavorings in liquid fonn, other than essential oils, used to refill electronic cigarette cartridges; Liquid nicotine solutions for use in electronic cigarettes; Flavorings, other than essential oils, for use in electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic cigars; Electronic cigarette lighters; Electronic cigarette boxes; Oral vaporizers for smokers; Smokeless cigarette vaporizer pipes; Electronic vapor devices for smokers, namely, oral vaporizers

FIRST USE 7-8-2018; IN COMMERCE 7-8-2018

CLASS 41 : Entertainment services in the nanrre of a live musical performer, musical band or musical group; Entertainment services in the nature of live audio and visual perfonnances by musical artists; Entertainment services, namely, arranging and conducting live performances, personal appearances by musical artists; Entertainment services, namely, arranging and conducting live television and radio perfonnances by musical artists; Entertainment services, namely, production of live musical shows, concerts, prerecorded events in the nature of music entertaimnent, multimedia entertaimn ent events in the nature of interactive crowd participation, videos, multimedia videos, motion picnrre films, and radio and television programs; Entertainment services, namely, providing non-downloadable recorded music, musical videos, music video clips, photographs in the field of music, blogs featuring user posts about music, music concert tour infonnation and blogs featuring entertainment infonnation and blogs discussing social media postings about entertaimnent, all via an Internet website or smartphone application via a global computer network or wireless networks; Production and distribution services in the field of sound and visual recordings and entertaimnent programs, namely, motion picnrres, radio programs or videos in the field of music; music library services, namely, providing an online database feanrring non­ downloadable musical sound recordings; Music publishing services; Provision of digital non-

Page: 2 of 4 / RN # 5948315 downloadable music from the Internet; Provision of digital non-downloadable music from MP3 websites; production of live entertainment features in the nature of music concerts; Providing online non-downloadable comic strips

FIRST USE 2-1 8-2018; IN COMMERCE 2-1 8-2018

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR

SER NO. 88-431,010, FILED 05-1 5-2019

Page: 3 of 4 / RN # 5948315 Generated on: This page was generated by TSDR on 2020-01-08 13:40:27 EST

Mark: HE D HED

US Serial Number: 88431875 Application Filing May 15, 2019 Date: US Registration 5925878 Registration Date: Dec. 03, 2019 Number: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Dec. 03, 2019 Publication Date: Sep. 17, 2019

Mark Information

Mark Literal H E D Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. }) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•--• identify additional (new) wording in the goods/services.

For: Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes International 034 - Primary Class u.s Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE

Basis: 1(a) First Use: Jan. 01, 2015 Use in Commerce: Jan. 01, 2019 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information Owner Name: Damato, Thomas Owner Address: #1190 705 W Queen Creek Rd Chandler, ARIZONA UNITED STATES 85248 Legal Entity Type: INDIVIDUAL Citizenship: UNITED STATES

Owner Name: Garcia, Jose Sergio Able

Owner Address: #1 190 705 W Queen Creek Rd Chandler, ARIZONA UNITED STATES 85248 Legal Entity Type: INDIVIDUAL Citizenship: UNITED STATES Attorney/Corres ondence Information

Attorney of Record - None Correspondent Correspondent DAMATO, THOMAS Name/Address: 705 W QUEEN CREEK RD #1190 CHANDLER, ARIZONA UNITED STATES 85248 Phone: 480-589-5746 Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Dec. 03, 2019 REGISTERED-PRINCIPAL REGISTER Sep. 17, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Sep. 17, 2019 PUBLISHED FOR OPPOSITION Aug. 28, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Aug. 15, 2019 ASSIGNED TO LIE 68123 Aug. 06, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Aug.05, 2019 EXAMINER'S AMENDMENT ENTERED 88888 Aug. 05, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Aug.05, 2019 EXAMINERS AMENDMENT E-MAILED 6328 Aug.05, 2019 EXAMINERS AMENDMENT -WRITTEN 76419 Jul. 31, 2019 ASSIGNED TO EXAMINER 76419 May31 , 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM May 18, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Dec. 03, 2019 HED

Reg. No. 5,925,878 Damato, Thomas (UNITED STATES INDIVIDUAL) #1190 Registered Dec. 03, 2019 705 W Queen Creek Rd Chandler, ARIZONA 85248

Int. Cl.: 34 Garcia, Jose Sergio Able (UNITED STATES INDIVIDUAL) #1190 Trademark 705 W Queen Creek Rd Chandler, ARIZONA 85248 Principal Register CLASS 34: Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes

FIRST USE 1-1-2015; IN COMMERCE 1-1-2019

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR

SER NO. 88-431,875, FILED 05-15-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:41 :16 EST

Mark: ICARE iCare

US Serial Number: 88424318 Application Filing May 10, 2019 Date: US Registration 5919668 Registration Date: Nov. 26, 2019 Number: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal

Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Nov. 26, 2019 Publication Date: Sep. 10, 2019

Mark Information

Mark Literal ICARE Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. }} identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•--• identify additional (new} wording in the goods/services.

For: Electronic cigarettes; electronic nicotine inhalation devices, namely, electronic cigarettes, electronic cigars, and oral vaporizers; electronic cigarette refill cartridges sold empty and with propylene glycol; electronic cigarette atomizers sold empty and with propylene glycol; electronic cigarette cartomizers, namely, combination electronic cigarette refill cartridges sold empty and with propylene glycol and atomizers, sold as a component of electronic cigarettes; liquid nicotine solutions for use in electronic cigarettes; chemical flavorings in liquid form used to refill electronic cigarette cartridges International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es}: Class Status: ACTIVE

Basis: 1(a} First Use: Aug. 01, 2016 Use in Commerce: Aug. 04, 2016 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Flied 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Joyetech Europe Holding GmbH Owner Address: 6 General-Guisan-Strasse Zug SWITZERLAND 6300 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country SWITZERLAND Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Corey K. Cho Docket Number: JOY.TM48

Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent COREY K. CHO Name/Address: SALIWANCHIK, LLOYD AND EISENSCHENK, P.A. 3107 SW WILLISTON ROAD GAINESVILLE, FLORIDA UNITED STATES 32608 Phone: 352-375-8100 Fax: 352-372-5800

Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Nov. 26, 2019 REGISTERED-PRINCIPAL REGISTER Sep. 10, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Sep. 10, 2019 PUBLISHED FOR OPPOSITION Aug. 21 , 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Jul. 30, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Jul. 26, 2019 ASSIGNED TO EXAMINER 68181 May 24, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM May 14, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Nov. 26, 2019 iCare

Reg. No. 5,919,668 Joyetech Europe Holding GmbH (SWITZERLAND LIMITED LIABILITY COMPANY) 6 Registered Nov. 26, 2019 General-guisan-strasse Zug, SWITZERLAND 6300

Int. Cl.: 34 CLASS 34: Electronic cigarettes; electronic nicotine inhalation devices, namely, electronic cigarettes, electronic cigars, and oral vaporizers; electronic cigarette refill cartridges sold Trademark empty and with propylene glycol; electronic cigarette atomizers sold empty and with propylene glycol; electronic cigarette cartomizers, namely, combination electronic cigarette Principal Register refill cartridges sold empty and with propylene glycol and atomizers, sold as a component of electronic cigarettes; liquid nicotine solutions for use in electronic cigarettes; chemical flavorings in liquid fonn used to refill electronic cigarette cartridges

FIRST USE 8-1-2016; IN COMMERCE 8-4-2016

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR

SER NO. 88-424,318, FILED 05-10-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:41 :54 EST

Mark: BAR A DIY

BARADIY

US Serial Number: 88411423 Application Filing May 01 , 2019 Date:

US Registration 5942417 Registration Date: Dec. 24, 2019 Number:

Filed as TEAS Yes Currently TEAS Yes Plus: Plus:

Register: Principal

Mark Type: Trademark, Service Mark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Dec. 24, 2019

Publication Date: Oct. 08, 2019

Mark Information

Mark Literal BAR A DIY Elements:

Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type:

Disclaimer: "DIY" Foreign Information

Foreign 184493034 Foreign Oct. 19, 2018 Registration Registration Date: Number:

Foreign FRANCE Foreign Expiration Oct. 19, 2028 Application/Registration Date: Country: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis(( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•--• identify additional (new) wording in the goods/services.

For: Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarette refill cartridges sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarettes; Liquid nicotine solutions for use in electronic cigarettes International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es):

Class Status: ACTIVE

Basis: 44(e)

For: Retail store services featuring liquid nicotine solutions for use in electronic cigarettes, electronic cigarette liquid (e-liquid) comprised of propylene glycol, electronic cigarette liquid (e-liquid) comprised of essential oils, electronic cigarette liquid (e-liquid) comprised of vegetable glycerin, electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges, electronic cigarette refill cartridges sold empty, electronic cigarette boxes, electronic cigarette cases, electronic cigarettes; publicity consultation International 035 - Primary Class U.S Class(es): 100,101, 102 Class(es): Class Status: ACTIVE

Basis: 44(e) Basis Information (Case Level)

Filed Use: No Currently Use: No Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: Yes Filed 44E: Yes Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: BAR A DIY Owner Address: 163 Route De Marseille Montelimar FRANCE 26200 Legal Entity Type: Societe par Actions Simplifiee Unipersonnelle State or Country FRANCE Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Bruce S. Londa Docket Number: 120528-33

Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent Bruce S. Londa Name/Address: Norris McLaughlin, P.A. 875 Third Avenue New York, NEW YORK UNITED STATES 10022 Phone: 212-808-0700 Fax: 212-808-0844 Correspondent e- [email protected] bslonda@norris­ Correspondent e- Yes mail: law.com [email protected] tmdept@norris­ mail Authorized: law.com Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Dec. 24, 2019 REGISTERED-PRINCIPAL REGISTER Oct. 08, 2019 OFFICIAL GAZETTE PUBLI CATION CONFIRMATION E-MAILED Oct. 08, 2019 PUBLISHED FOR OPPOSITION Sep. 18, 2019 NOTIFICATION OF NOTI CE OF PUBLICATION E-MAILED Aug.30, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Aug 19, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 70629 Aug. 19, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 70629 Aug. 15, 2019 ASSIGNED TO LIE 70629 Aug. 07,2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jul. 22, 2019 NOTIFICATION OF PRI ORITY ACTION E-MAILED 6326 Jul. 22, 2019 PRIORITY ACTION E-MAILED 6326 Jul. 22, 2019 PRIORITY ACTION WRITTEN 811 12 Jul. 15, 2019 ASSIGNED TO EXAMINER 81112 May 17, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM May 04, 2019 NEW APPLI CATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information • None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Dec. 24, 2019 BARADIY

Reg. No. 5,942,417 BAR A DIY (FRANCE Societe par Actions Simplifiee Unipersonnelle ) 163 Route De Marseille Registered Dec. 24, 2019 Montelimar, FRANCE 26200 CLASS 34: Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid fonn, other Int. Cl.: 34, 35 than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e ­ liquid) comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of Service Mark vegetable glycerin; Electronic cigarette refill cartridges sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarettes; Liquid nicotine solutions for use in Trademark electronic cigarettes

Principal Register CLASS 35: Retail store services feaniring liquid nicotine solutions for use in electronic cigarettes, electronic cigarette liquid (e-liquid) comprised of propylene glycol, electronic cigarette liquid (e-liquid) comprised of essential oils, electronic cigarette liquid (e-liquid) comprised of vegetable glycerin, electronic cigarette liquid (e-liquid) comprised of flavorings in liquid fonn , other than essential oils, used to refill electronic cigarette cartridges, electronic cigarette refill cartridges sold empty, electronic cigarette boxes, electronic cigarette cases, electronic cigarettes; publicity consultation

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO Al'N PARTICULAR FO T STYLE, SIZE OR COLOR

OWNER OF FRANCE , REG. IQ_ 184493034, DATED 10-19-2018, EXPIRES 10-19-2028

No claim is made to the exclusive right to use the following apart from the mark as shown: "DIY"

SER NO. 88-411 ,423, FILED 05-01-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:42:26 EST Mark: E-FOG E-FOG

US Serial Number: 88382761 Application Filing Apr. 12, 2019 Date: US Registration 5942253 Registration Date: Dec. 24, 2019 Number: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Dec. 24, 2019 Publication Date: Oct. 08, 2019

Mark Information

Mark Literal E-FOG Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. }) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•--• identify additional (new) wording in the goods/services.

For: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Electric cigarettes; Electronic cigarette atomizers sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Smokers' mouthpieces for electronic cigarettes International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE

Basis: 1(a) First Use: Jan. 31, 2019 Use in Commerce: Jan. 31 , 2019 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Flied 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Shenzhen Yunwu Technology Co., ltd. Owner Address: Gonghe Comm.,Shajing St.,Baoan Dist. 4F,Bldg.11,Hengmingzhu Tech. Ind. Park Shenzhen CHINA 518000 Legal Entity Type: limited company (ltd.) State or Country CHINA Where Organized: Attorney/Correspondence Information

Attorney of Record - None Correspondent Correspondent KAI YU Name/Address: 99 MADISON AVE FL 601 NEW YORK, NEW YORK UNITED STATES 10016 Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Dec. 24, 2019 REGISTERED-PRINCIPAL REGISTER Oct. 08, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Oct. 08, 2019 PUBLISHED FOR OPPOSITION Sep. 18, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Sep. 05, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Aug 07, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 74221 Aug. 07, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 74221 Aug. 03, 2019 ASSIGNED TO LIE 74221 Jul. 29, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jun. 27, 2019 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Jun. 27, 2019 NON-FINAL ACTION E-MAILED 6325 Jun. 27, 2019 NON-FINAL ACTION WRITTEN 94500 Jun.23, 2019 ASSIGNED TO EXAMINER 94500 Apr. 30, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Apr. 16, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Dec. 24, 2019 E-FOG

Reg. No. 5,942,253 Shenzhen Ytmwu Technology Co., Ltd. (CHINA limited company (ltd.)) Gonghe Comm.,shajing St.,baoan Dist. Registered Dec. 24, 2019 4f,bldg. ll,hengmingzhu Tech. Ind. Park Shenzhen, CHINA 518000

Int. Cl.: 34 CLASS 34: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a Trademark component of electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Electric cigarettes; Electronic cigarette atomizers sold empty; Electronic cigarette Principal Register boxes; Electronic cigarette cases; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Smokers' mouthpieces for electronic cigarettes

FIRST USE 1-31-2019; IN COMMERCE 1-31-2019

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FO T STYLE, SIZE OR COLOR

SER. NO. 88-382,761, FILED 04-1 2-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:42:54 EST Mark: ssso

US Serial Number: 88369106 Application Filing Apr. 03, 2019 Date: US Registration 5901652 Registration Date: Nov. 05, 2019 Number: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Nov. 05, 2019 Publication Date: Aug. 20, 2019

Mark Information

Mark Literal SSSO Elements: Standard Character No Claim:

Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type: Description of The mark consists of a stylised design based on the letters "SSSO". Mark: Color(s) Claimed: Color is not claimed as a feature of the mark. Design Search 26.01 .03 - Circles, incomplete (more than semi-circles); Incomplete circles (more than semi-circles) Code(s): 26.17.09- Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved 27.03.01 - Geometric figures forming letters, numerals or punctuation Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks •--• identify additional (new) wording in the goods/services.

For: Electronic cigarette atomizers sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette lighters; Electronic cigarette liquid (e-liquid) comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Electronic cigarettes and oral vaporizers for smokers; Electronic cigarettes for use as an alternative to traditional cigarettes; Boxes for electronic cigarettes and electronic cigarette accessories; Cartridges sold filled with propylene glycol for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Flavourings, other than essential oils, for use in electronic cigarettes; Liquid nicotine solutions for use in electronic cigarettes International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE

Basis: 1(a) First Use: Feb. 01 , 2019 Use in Commerce: Feb. 01 , 2019 Basis Information (Case Level) Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No

Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Soku Technology Co., Ltd. Owner Address: 1-1401 Jinsha Hupan Commercial Centre No. 955 East Tiancheng Rd, Xiasha Sir. Hangzhou CHINA 310000 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country CHINA Where Organized: Attorney/Correspondence Information

Attorney of Record - None Correspondent Correspondent YANLING WU Name/Address: 6051 S YAMPA CT. AURORA, COLORADO UNITED STATES 80016 Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Nov. 05, 2019 REGISTERED-PRINCIPAL REGISTER Aug.20, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Aug. 20, 2019 PUBLISHED FOR OPPOSITION Jul.31 , 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Jul. 02, 2019 WITHDRAWN FROM PUB - OG REVIEW QUERY 99910 Jun. 17, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Jun. 13,2019 ASSIGNED TO EXAMINER 76503 Apr. 23, 2019 NOTICE OF DESIGN SEARCH CODE E-MAILED Apr. 22, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Apr. 06, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Nov. 05, 2019 Reg. No. 5,901,652 Soku Technology Co., Ltd. (CHI1 A LIMITED LIABILITY COMPANY) 1-1401 Jinsha Hupan Commercial Centre Registered Nov. 05, 2019 No. 955 East Tiancheng Rd, Xiasha Str. Hangzhou, CHI A 310000

Int. Cl.: 34 CLASS 34: Electronic cigarette atomizers sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette lighters; Electronic cigarette Trademark liquid (e-liquid) comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarette refill cartridges sold empty; Electronic Principal Register cigarettes; Electronic cigarettes and oral vaporizers for smokers; Electronic cigarettes for use as an alternative to traditional cigarettes; Boxes for electronic cigarettes and electronic cigarette accessories; Cartridges sold filled with propylene glycol for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Flavourings, other than essential oils, for use in electronic cigarettes; Liquid nicotine solutions for use in electronic cigarettes

FIRST USE 2- 1-2019; IN COMMERCE 2-1-2019

The mark consists of a stylised design based on the letters "SSSO".

SER NO. 88-369,106, FILED 04-03-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:43:24 EST Mark: VARI-VAPE

VARI-VAPE

US Serial Number: 88369603 Application Filing Apr. 03, 2019 Date: US Registration 5868446 Registration Date: Sep. 24, 2019 Number: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal

Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Sep. 24, 2019 Publication Date: Jul. 09, 2019

Mark Information

Mark Literal VARI-VAPE Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. }} identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•--• identify additional (new} wording in the goods/services.

For: Electronic vaporizers and atomizers for electronic cigarette users, oral vaporizers for electronic cigarette users, namely, vape pens, and advanced personal vaporizers for electronic cigarette users; articles for electronic cigarette users, namely, components for electronic vaporizers and atomizers, vape pens, vape pods, vape pen kits and advanced personal vaporizers, namely, electronic vaping mods, bumpers, caps, cartridges, cartomizers, clearomizers, coils, cones, drip tips, and vape pen refilling tools; liquid nicotine solutions for use in electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers: electronic cigarette liquid (e­ liquid} comprised of flavorings in liquid form used to refill electronic cigarette cartridges and tanks; liquid nicotine solutions for use in electronic vaporizers and atomizers International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es}: Class Status: ACTIVE

Basis: 1(a} First Use: Jan. 27, 2017 Use in Commerce: Mar. 27, 2017 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes FiledlTU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No

Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: DES Products Ltd.

DBA, AKA, OBA 02VAPE Formerly: Owner Address: Rm 583 8213 Secor Road Lambertville, MICHIGAN UNITED STATES 48144 Legal Entity Type: CORPORATION State or Country MICHIGAN Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Wesley T. McMichael Docket Number: DPD-TM008

Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent WESLEY T. MCMICHAEL Name/Address: VOLPE AND KOENIG, P.C. 30 S. 17TH ST. SUITE 1800 PHILADELPHIA, PENNSYLVANIA UNITED STATES 19103 Phone: 215-568-6400

Correspondent e- [email protected] [email protected] Correspondent e- Yes mail: [email protected] [email protected] ~ mail Authorized: vklaw.com Domestic Representative -Not Found Prosecution History

Proceeding Date Description Number Sep. 24, 2019 REGISTERED-PRINCIPAL REGISTER Jul. 09, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jul. 09, 2019 PUBLISHED FOR OPPOSITION Jun. 19, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED May 30, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER May 29, 2019 ASSIGNED TO EXAMINER 76596 Apr. 22, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Apr. 06, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Sep. 24, 2019 VARI-VAPE

Reg. No. 5,868,446 DES Products Ltd. (MICHIGAN CORPORATION), DBA O2VAPE Rm583 Registered Sep. 24, 2019 82 13 Secor Road Lambertville, MICHIGA r 48144

Int. Cl.: 34 CLASS 34: Electronic vaporizers and atomizers for electronic cigarette users, oral vaporizers for electronic cigarette users, namely, vape pens, and advanced personal vaporizers for Trademark electronic cigarette users; articles for electronic cigarette users, namely, components for electronic vaporizers and atomizers, vape pens, vape pods, vape pen kits and advanced Principal Register personal vaporizers, namely, electronic vaping mods, bumpers, caps, cartridges, cartomizers, clearomizers, coils, cones, drip tips, and vape pen refilling tools; liquid nicotine solutions for use in electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers: electronic cigarette liquid (e -liquid) comprised of flavorings in liquid fonn used to refill electronic cigarette cartridges and tanks; liquid nicotine solutions for use in electronic vaporizers and atomizers

FIRST USE 1-27-2017; IN COMMERCE 3-27-2017

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FO IT STYLE, SIZE OR COLOR

SER NO. 88-369,603, FILED 04-03-20 19

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:43:52 EST

Mark: FEELLIFE

~£.e..elli:£.e

US Serial Number: 88360983 Application Filing Mar. 28, 2019 Date:

US Registration 5873839 Registration Date: Oct. 01 , 2019 Number:

Filed as TEAS Yes Currently TEAS Yes Plus: Plus:

Register: Principal

Mark Type: Trademark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Oct. 01, 2019

Publication Date: Jul. 16, 2019

Mark Information

Mark Literal FEELLIFE Elements:

Standard Character No Claim:

Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type:

Description of The mark consists of the stylized wording "feellife" with a design of one-eyed man's skull, wearing an eye patch and a pirate's hat with Mark: a design of two crossed swords and with the head being on an octopus body.

Color(s) Claimed: Color is not claimed as a feature of the mark.

Translation: The wording "feellife" has no meaning in a foreign language.

Design Search 02.11 .10 - Human skeletons, parts of skeletons, bones, skulls; Skulls, human; Bones, human Code(s): 03.19.05 - Octopi; Squid; Stingrays; Manta rays; Jellyfish; Eels; Snake-like fish (eels, etc.), squid, octopi 09.05.04 - Tri-cornered hats 10.05.25 - Emery boards; Tooth picks; Shoe horns; Polisher/buffers, nail; Nail files; Vibrators, massage; Bathroom articles, soap dishes; Cotton balls; Cotton swabs; Dental floss; Eye patches; Feminine hygiene products; Files (nail); Floss, dental; Nail clippers 23.01 .01 - Sabers; Epees; Foils; Rapiers; Swords Related Pro erties Information

Claimed Ownership 4443782, 4600723, 4663661 of US Registrations: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•__ • identify additional (new) wording in the goods/services.

For: Air fragrancing preparations; Bath lotion; Cakes of soap; Cleaning preparations; Cleaning and washing preparations; Cosmetics; Cosmetics for animals; Dentifrices; Ethereal oils; Fragrances and perfumery; Hair lotions; Incense; Polishing preparations; Polishing, scouring and abrasive preparations; Washing powder International 003 - Primary Class U.S Class(es): 001 , 004, 006. 050. 051 , 052 Class(es): Class Status: ACTIVE

Basis: 1(a)

First Use: Sep. 25, 2009 Use in Commerce: Sep. 25, 2009

For: Computer peripheral apparatus; Electric navigational instruments; Galvanic batteries; Integrated circu its; Personal stereos; Photographic cameras; Pressure indicators; Security and fire alarms; Solar batteries International 009 - Primary Class U.S Class(es): 021 , 023, 026, 036, 038 Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Sep. 25, 2009 Use in Commerce: Sep. 25, 2009

For: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Cigarettes; Electric cigarettes; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic hookahs; Flavored tobacco; Flavourings, other than essential oils, for use in electronic cigarettes; Hookah tobacco; Mechanical electronic cigarettes; Smokeless tobacco; Smoking pipe cleaners; Tobacco; Tobacco pipe cleaners; Tobacco substitute; Tobacco substitutes not for medical purposes International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es):

Class Status: ACTIVE Basis: 1(a)

First Use: Sep. 25, 2009 Use in Commerce: Sep. 25, 2009 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No

Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No

Filed 66A: No Currently No Basis: No

Filed No Basis: No Current Owner(s) Information

Owner Name: SHENZHEN FEELLIFE ENERGY TECHNOLOGY CO., LTD

Owner Address: Room 2501 B, Bldg. A, No. 9 Furong Road, Tantou Community, Songgang Street, Baoan Dist., Shenzhen, CHINA 518000 Legal Entity Type: limited company (ltd.) State or Country CHINA Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Joe McKinney Muncy

Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent JOE MCKINNEY MUNCY Name/Address: MUNCY, GEISSLER, OLDS & LOWE, P.C. 4000 LE GATO ROAD SUITE 310 FAIRFAX, VIRGINIA UNITED STATES 22033 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative -Not Found Prosecution History

Proceeding Date Description Number Oct. 01, 2019 REGISTERED-PRINCIPAL REGISTER Jul. 16, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jul. 16, 2019 PUBLISHED FOR OPPOSITION Jun. 26, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Jun.08,2019 APPROVED FOR PUB - PRINCIPAL REGISTER Jun.08,2019 ASSIGNED TO EXAMINER 76487 Apr. 16, 2019 NOTICE OF DESIGN SEARCH CODE E-MAILED Apr. 15, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Apr. 01 , 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information • None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Oct. 01, 2019 Reg. No. 5,873,839 SHE 1ZHE1 FEELLIFE E1 ERGY TECHNOLOGY CO., LTD (CHINA limited company (ltd.) ) Registered Oct. 01, 2019 Room 250 lb, Bldg. A, No. 9 Furong Road, Tantou Conununity, Songgang Street, Int. Cl.: 3, 9, 34 Baoan Dist., Shenzhen,, CHINA 518000 CLASS 3: Air fragrancing preparations; Bath lotion; Cakes of soap; Cleaning preparations; Trademark Cleaning and washing preparations; Cosmetics; Cosmetics for animals; Dentifrices; Ethereal oils; Fragrances and perfumery; Hair lotions; Incense; Polishing preparations; Polishing, Principal Register scouring and abrasive preparations; Washing powder

FIRST USE 9-25-2009; IN COMMERCE 9-25-2009

CLASS 9: Computer peripheral apparatus; Electric navigational instmments; Galvanic batteries; Integrated circuits; Personal stereos; Photographic cameras; Pressure indicators; Security and fire alanns; Solar batteries

FIRST USE 9-25-2009; IN COMMERCE 9-25-2009

CLASS 34: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Cigarettes; Electric cigarettes; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid fonn , other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic hookahs; Flavored tobacco; Flavourings, other than essential oils, for use in electronic cigarettes; Hookah tobacco; Mechanical electronic cigarettes; Smokeless tobacco; Smoking pipe cleaners; Tobacco; Tobacco pipe cleaners; Tobacco substitute; Tobacco substitutes not for medical purposes

FIRST USE 9-25-2009; IN COMMERCE 9-25-2009

The mark consists of the stylized wording "feellife" with a design of one-eyed man's skull, wearing an eye patch and a pirate's hat with a design of two crossed swords and with the head being on an octopus body. Director of the United States Patent and Trademark Office OWNER OF U. S REG. NO. 4443 782, 4600723, 4663661 The wording "feellife" has no meaning in a foreign language. SER. NO. 88-360,983, FILED 03-28-2019

Page: 2 of 3 / RN # 5873839 Generated on: This page was generated by TSDR on 2020-01-08 13:44:30 EST

Mark: SOUTH BEACH SMOKE

SOUTH BEACH SMOKE

US Serial Number: 88350554 Application Filing Mar. 21, 2019 Date:

US Registration 5883376 Registration Date: Oct. 15, 2019 Number:

Filed as TEAS RF: Yes Currently TEAS RF: Yes

Register: Principal

Mark Type: Trademark, Service Mark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Oct. 15, 2019

Publication Date: Jul. 30, 2019

Mark Information

Mark Literal SOUTH BEACH SMOKE Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type:

Disclaimer: "SMOKE"

Acquired In whole Distinctiveness Claim: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. }} identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks._ _. identify additional (new} wording in the goods/services.

For: Electronic cigarettes; Oral vaporizers for smokers; Electronic cigarette cartridges sold empty; Smokers' oral vaporizer cartridges sold empty; Electronic cigarette atomizers sold empty; Smokers' oral vaporizer atomizers sold empty; Electronic cigarette atomizers sold empty; Electronic cigarette kits, each consisting of electronic cigarette cartridges sold empty, a battery, a battery charger that can be plugged into a wall, and an atomizer; Carrying cases specifically designed to carry electronic cigarettes; Electronic cigarette liquid (e­ liquid} comprised of flavorings in liquid form, not including essential oils, used to refill electronic cigarette cartridges or oral vaporizer cartridges; Liquid nicotine solutions for use in electronic cigarettes or oral vaporizers International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es}:

Class Status: ACTIVE

Basis: 1(a}

First Use: Aug. 31, 2010 Use in Commerce: Aug. 31, 2010

For: Wholesale distributorship services and online retail store services featuring electronic cigarettes, oral vaporizers for smokers, electronic cigarette cartridges, oral vaporizer cartridges, electronic cigarette atomizers, oral vaporizer atomizers, electronic cigarette atomizers sold empty, oral vaporizer atomizers sold empty, electronic cigarette kits, each consisting of electronic cigarette cartridges, a battery, a battery charger that can be plugged into a wall, and an atomizer, carrying cases specifically designed to carry electronic cigarettes, electronic cigarette liquid (e-liquid} comprised of flavorings in liquid form used to refill electronic cigarette cartridges or oral vaporizer cartridges, liquid nicotine solutions for use in electronic cigarettes or oral vaporizers, parts and accessories for electronic cigarettes and oral vaporizers for smokers International 035 - Primary Class U.S Class(es): 100, 101, 102 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Aug. 31, 2010 Use in Commerce: Aug. 31, 2010 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: INTERNATIONAL VAPOR GROUP, LLC Owner Address: 5201 INTERCHANGE WAY LOUISVILLE, KENTUCKY UNITED STATES 40299 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Amy B. Berge Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent AMY B. BERGE Name/Address: MIDDLETON REUTLINGER 401 SOUTH FOURTH STREET SUITE 2600 LOUISVILLE, KENTUCKY UNITED STATES 40202 Phone: 502-625-2887 Correspondent e- [email protected] jdages@middletonlaw Correspondent e- Yes mail: .com [email protected] mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Oct. 16, 2019 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP Oct. 15, 2019 REGISTERED-PRINCIPAL REGISTER Jul. 30, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jul. 30, 2019 PUBLISHED FOR OPPOSITION Jul. 10, 2019 NOTIFICATION OF NOTI CE OF PUBLICATION E-MAILED Jun.21,2019 ASSIGNED TO LIE 68552 Jun. 12, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Jun. 12, 2019 EXAMINER'S AMENDMENT ENTERED 88888 Jun. 12, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Jun. 12, 2019 EXAMINERS AMENDMENT E-MAILED 6328 Jun. 12, 2019 EXAMINERS AMENDMENT -WRITTEN 90327 Jun. 02, 2019 ASSIGNED TO EXAMINER 90327 Apr. 08, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Mar. 25, 2019 NEW APPLI CATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Oct. 15, 2019 Assignment Abstract Of Title Information

Summary Total Assignments: Registrant: South Beach Smoke LLC

Assignment 1 of 1

Conveyance: MERGER EFFECTIVE 09/30/2019 Reel/Frame: 6767/0095 Pages: 4

Date Recorded: Oct. 09, 2019 Supporting assignment-tm-6767-0095.pdf Documents: Assignor Name: SOUTH BEACH SMOKE LLC Execution Date: Sep. 30, 2019 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE Where Organized: Assignee Name: INTERNATIONAL VAPOR GROUP, LLC Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE Where Organized: Address: 5201 INTERCHANGE WAY LOUISVILLE, KENTUCKY 40299 Correspondent Correspondent AMY B. BERGE Name: Correspondent 401 SOUTH FOURTH STREET Address: SUITE 2600 LOUISVILLE, KY 40202 Domestic Representative - Not Found SOUTH BEACH SMOKE

Reg. No. 5,883,376 South Beach Smoke LLC (DELAWARE LIMITED LIABILITY COMPANY) 14300 Conunerce Way Registered Oct. 15, 2019 Miami, FLORIDA 33016 CLASS 34: Electronic cigarettes; Oral vaporizers for smokers; Electronic cigarette cartridges Int. Cl.: 34, 35 sold empty; Smokers' oral vaporizer cartridges sold empty; Electronic cigarette atomizers sold empty; Smokers' oral vaporizer atomizers sold empty; Electronic cigarette atomizers sold Service Mark empty; Electronic cigarette kits, each consisting of electronic cigarette cartridges sold empty, a battery, a battery charger that can be plugged into a wall, and an atomizer; Carrying cases Trademark specifically designed to carry electronic cigarettes; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid fonn, not including essential oils, used to refill electronic Principal Register cigarette cartridges or oral vaporizer cartridges; Liquid nicotine solutions for use in electronic cigarettes or oral vaporizers

FIRST USE 8-31-2010; 1N COMMERCE 8-31-2010

CLASS 35: Wholesale distributorship services and online retail store services featuring electronic cigarettes, oral vaporizers for smokers, electronic cigarette cartridges, oral vaporizer cartridges, electronic cigarette atomizers, oral vaporizer atomizers, electronic cigarette atomizers sold empty, oral vaporizer atomizers sold empty, electronic cigarette kits, each consisting of electronic cigarette cartridges, a battery, a battery charger that can be plugged into a wall, and an atomizer, carrying cases specifically designed to carry electronic cigarettes, electronic cigarette liquid ( e-liquid) comprised of flavorings in liquid form used to refill electronic cigarette cartridges or oral vaporizer cartridges, liquid nicotine solutions for use in electronic cigarettes or oral vaporizers, parts and accessories for electronic cigarettes and oral vaporizers for smokers

FIRST USE 8-31-20 IO; 1N COMMERCE 8-31-20 l 0

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FO T STYLE, SIZE OR COLOR

o claim is made to the exclusive right to use the following apart from the mark as shown: "SMOKE"

SEC.2(F)

SER. NO. 88-350,554, FILED 03-21-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:45:06 EST

Mark: ALHRGI AIIIRGI US Serial Number: 88339293 Application Filing Mar. 14, 2019 Date:

US Registration 5867667 Registration Date: Sep. 24, 2019 Number:

Filed as TEAS Yes Currently TEAS Yes Plus: Plus:

Register: Principal

Mark Type: Trademark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Sep. 24, 2019

Publication Date: Jul. 09, 2019

Mark Information

Mark Literal ALHRGI Elements:

Standard Character No Claim:

Mark Drawing 5 - AN ILLUSTRATION DRAWING WITH WORD(S) /LETTER(S)/ NUMBER(S) INSTYLIZED FORM Type:

Description of The mark consists of the stylized letter "ALHRGI ". Mark: Color(s) Claimed: Color is not claimed as a feature of the mark.

Translation: The wording "ALHRGI" has no meaning in a foreign language. Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [ ..] indicate deleted goods/services; • Double parenthesis(( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•_ _• identify additional (new) wording in the goods/services.

For: Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cigarette holders; Cigarettes; Liquid nicotine solutions for use in electronic cigarettes; Pocket machines for rolling cigarettes; Tobacco pipes; Cigarette rolling papers; Cigarettes containing tobacco substitutes, not for medical purposes; Electronic cigarettes International 034 - Primary Class U.S Class(es): 002, 008, 009, 0 17 Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Dec. 14, 2018 Use in Commerce: Dec. 14, 2018 Basis Information (Case Level)

Flied Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No

Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Jiang Ziyu Owner Address: No. 10, Gaoxin South 4th Rd., Nanshan Dist., Shenzhen CHINA 518000 Legal Entity Type: INDIVIDUAL Citizenship: CHINA

Owner Name: Ou Huayi Owner Address: Group 4, Shenxi, Sanhuang Village, Yuelai Township, Yongxing County, Chenzhou,Hunan CHINA 423300 Legal Entity Type: INDIVIDUAL Citizenship: CHINA Attorney/Corres ondence Information

Attorney of Record - None Correspondent Correspondent JIANG ZIYU Name/Address: NANSHAN RD. 1175,NANSHAN DISTRICT SEC. A, 14FL,LVDAO BUILDING SHENZHEN CHINA 518000 Phone: +86- Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Sep. 24, 2019 REGISTERED-PRINCIPAL REGISTER Jul. 17, 2019 APPLICANT SUPPLIED CHANGES/CORRECTIONS AFTER PUB APPROVAL NOT ENT 86882 Jul. 11, 2019 ASSIGNED TO PETITION STAFF 86882 Jul. 09, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jul. 09, 2019 PUBLISHED FOR OPPOSITION Jun.21, 2019 TEAS POST PUBLICATION AMENDMENT RECEIVED 1111 Jun. 19, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Jun.01, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER May 24, 2019 ASSIGNED TO EXAMINER 77657 Apr. 02, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Mar. 18, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PETITIONS OFFICE Date in Location: Jul. 17, 2019 n Reg. No. 5,867,667 Jiang Ziyu (CHINA INDIVIDUAL) No. 10, Gaoxin South 4th Rd., Registered Sep. 24, 2019 anshan Dist., Shenzhen, CHINA 518000

Int. Cl.: 34 Ou Huayi (CHINA INDIVIDUAL) Group 4, Shenxi, Sanhuang Village, Trademark Yuelai Township, Yongxing Cotmty, Chenzhou,htman, CHI 1A 423300 Principal Register CLASS 34: Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cigarette holders; Cigarettes; Liquid nicotine solutions for use in electronic cigarettes; Pocket machines for rolling cigarettes; Tobacco pipes; Cigarette rolling papers; Cigarettes containing tobacco substitutes, not for medical purposes; Electronic cigarettes

FIRST USE 12-14-2018; IN COMMERCE 12-1 4-2018

The mark consists of the stylized letter "ALHRGI ".

The wording "ALHRGI" has no meaning in a foreign language.

SER NO. 88-339,293, FILED 03-14-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:45:33 EST

Mark: PRAYER PraL_Jer

US Serial Number: 88337341 Application Filing Mar. 13, 2019 Date:

US Registration 5862357 Registration Date: Sep. 17,2019 Number:

Filed as TEAS Yes Currently TEAS Yes Plus: Plus:

Register: Principal

Mark Type: Trademark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Sep. 17, 2019

Publication Date: Jul. 02, 2019

Mark Information

Mark Literal PRAYER Elements:

Standard Character No Claim:

Mark Drawing 5 - AN ILLUSTRATION DRAWING WITH WORD(S) /LETTER(S)/ NUMBER(S) INSTYLIZED FORM Type:

Description of The mark consists of the wording "PRAYER" in stylized from. Mark: Color(s) Claimed: Color is not claimed as a feature of the mark. Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [ ..] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks._ _. identify additional (new) wording in the goods/services.

For: Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cigarette cases; Cigarette filters; Cigarettes; Cigarettes containing tobacco substitutes, not for medical purposes; Filtered cigars and cigarettes; Herbs for smoking; Lighters for smokers; Liquefied gas cylinders for cigarette lighters; Liquid nicotine solutions for use in electronic cigarettes; Pipe racks for tobacco pipes; Pipe tobacco; Tobacco; Tobacco pipes; Electric cigarettes; Fi lter-tipped cigarettes International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Nov. 02, 2018 Use in Commerce: Nov. 15, 2018 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No

Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No

Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Tao liu Owner Address: Rm 3003D, 30 F, Bldg 9A, Shenzhen Bay Eco-Technology Park,Gaoxin Nanjiu Rd , Nanshan Dist.Shenzhen CHINA 518000 Legal Entity Type: INDIVIDUAL Citizenship: CHINA Attorney/Correspondence Information

Attorney of Record - None Correspondent Correspondent XIONG ZI HONG Name/Address: BUJI STREET, LONGGANG DISTRICT 1803 ZHONGAN BUILDING, GUANGCHANG ROAD SHENZHEN CITY CHINA 518000 Phone: +86- Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Sep. 17, 2019 REGISTERED-PRINCIPAL REGISTER Jul. 02, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jul. 02, 2019 PUBLISHED FOR OPPOSITION Jun. 12, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED May 23, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER May 23, 2019 ASSIGNED TO EXAMINER 92838 Mar. 30, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Mar. 16, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Sep. 17, 2019 ProL_Jer

Reg. No. 5,862,357 Tao Jiu (CHINA INDIVIDUAL) Rm 3003d, 30 F, Bldg 9a, Shenzhen Bay Registered Sep. 17, 2019 Eco-technology Park,gaoxin Nanjiu Rel, Nanshan Dist,shenzhen, CHINA 518000

Int. Cl.: 34 CLASS 34: Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cigarette cases; Cigarette filters; Trademark Cigarettes; Cigarettes containing tobacco substitutes, not for medical purposes; Filtered cigars and cigarettes; Herbs for smoking; Lighters for smokers; Liquefied gas cylinders for cigarette Principal Register lighters; Liquid nicotine solutions for use in electronic cigarettes; Pipe racks for tobacco pipes; Pipe tobacco; Tobacco; Tobacco pipes; Electric cigarettes; Filter-tipped cigarettes

FIRST USE 11-2-2018; IN COMMERCE 11-15-2018

The mark consists of the wording "PR.A YER" in stylized from.

SER NO. 88-337,341 , FILED 03-13-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:45:56 EST

Mark: DODO DODO

US Serial Number: 88335467 Application Filing Mar. 12, 2019 Date:

US Registration 5862190 Registration Date: Sep. 17,2019 Number:

Filed as TEAS Yes Currently TEAS Yes Plus: Plus:

Register: Principal

Mark Type: Trademark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Sep. 17, 2019

Publication Date: Jul. 02, 2019

Mark Information

Mark Literal DODO Elements:

Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [ ..] indicate deleted goods/services; • Double parenthesis (( .. }) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks •--• identify additional (new) wording in the goods/services.

For: Ashtrays; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cigar lighters; Cigarette filters; Electronic cigarettes; Liquid nicotine solutions for use in electronic cigarettes; Pipe racks for tobacco pipes; Tobacco pipes; Cigarette lighters International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es):

Class Status: ACTIVE

Basis: 1(a) First Use: Oct. 15, 2018 Use in Commerce: Dec. 21, 2018 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No

Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No

Filed 66A: No Currently No Basis: No

Filed No Basis: No Current Owner(s) Information Owner Name: Shenzhen Anxiang International Health Service Co., Ltd Owner Address: No. 2-13 store, Jinyuhuafu Minzhi street, Longhua district Shenzhen CHINA 518000 Legal Entity Type: limited company (ltd.) State or Country CHINA Where Organized: Attorney/Correspondence Information

Attorney of Record - None Correspondent Correspondent CHEN JIE QIONG Name/Address: XIANGSHI ROAD, LIAOBU TOWN 503 UNIT 2 BLDG 7 XINGCHENG GUOJI GARDEN DONGGUAN CITY CHINA 523400 Phone: +86- Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Sep. 17, 2019 REGISTERED-PRINCIPAL REGISTER Jul. 02, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jul. 02, 2019 PUBLISHED FOR OPPOSITION Jun. 12, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED May 28, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER May 22, 2019 ASSIGNED TO EXAMINER 93970 Mar. 29, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Mar. 15, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTI ON Date in Location: Sep. 17, 2019 DODO

Reg. No. 5,862,190 Shenzhen Anxiang International Health Service Co., Ltd (CHINA limited company (ltd.)) ro. 2-13 Store, Jinyuhuafu Registered Sep. 17, 2019 Minzhi Street, Longhua District Shenzhen, CHINA 518000

Int. Cl.: 34 CLASS 34: Ashtrays; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cigar lighters; Trademark Cigarette filters; Electronic cigarettes; Liquid nicotine solutions for use in electronic cigarettes; Pipe racks for tobacco pipes; Tobacco pipes; Cigarette lighters Principal Register FIRST USE 10-1 5-2018; IN COMMERCE 12-21-2018

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FO T STYLE, SIZE OR COLOR

SER NO. 88-335,467, FILED 03-12-20 19

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:46:29 EST

Mark: CIGCOILM CIGCOILM US Serial Number: 88333468 Application Filing Mar. 11 , 2019 Date: US Registration 5857505 Registration Date: Sep. 10,2019 Number:

Filed as TEAS Yes Currently TEAS Yes Plus: Plus:

Register: Principal

Mark Type: Trademark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Sep. 10, 2019

Publication Date: Jun. 25, 2019

Mark Information

Mark Literal CIGCOILM Elements:

Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. }) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•--• identify additional (new) wording in the goods/services.

For: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Cigar tubes; Cigarette filters; Electric cigarettes; Electronic cigarette atomizers sold empty; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette lighters; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette refill cartridges sold empty; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic smoking pipes; Filter-tipped cigarettes; Filter tips; Flavorings for tobacco substitutes, other than essential oils; Flavorings, other than essential oils, for use in electronic cigarettes; Smokers' articles, namely, cigar storage tubes International 034 - Primary Class U.S Class(es): 002, 008, 009, 0 17 Class(es):

Class Status: ACTIVE

Basis: 1(a) First Use: Feb. 21 , 2019 Use in Commerce: Feb. 21 , 2019 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes

FiledlTU: No Currently ITU: No

Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Liao Shanqiu

Owner Address: No.30, Sanzhouba Village,Junying Village Committee, Longjing Town, Qingxin County Qingyuan, Guangdong CHINA 511500 Legal Entity Type: INDIVIDUAL Citizenship: CHINA Attorney/Correspondence Information

Attorney of Record - None Correspondent Correspondent LIAO SHANQIU Name/Address: JINHUA RD, FREE TRADE ZONE, FUTIAN DIST. RM C306, WARBURG ONE BLDG, NO. 29 SHENZHEN CHINA 518000 Phone: +86- Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Sep. 10, 2019 REGISTERED-PRINCIPAL REGISTER Jun.25,2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jun.25, 2019 PUBLISHED FOR OPPOSITION Jun.05, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED May 21 , 2019 APPROVED FOR PUB - PRINCIPAL REGISTER May 21 , 2019 ASSIGNED TO EXAMINER 92577 Mar. 28, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Mar. 14, 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information • None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Sep. 10, 2019 CIGCOILM Reg. No. 5,857,505 Liao Shanqiu (CHI A INDIVIDUAL) No.30, sanzhouba village,junying village Registered Sep. 10, 2019 Committee, longjing town, qingxin county Qingyuan, guangdong, CHINA 51 1500

Int. Cl.: 34 CLASS 34: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a Trademark component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid fonn for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette Principal Register accessories; Cigar tubes; Cigarette filters; Electric cigarettes; Electronic cigarette atomizers sold empty; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette lighters; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid fonn, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette refill cartridges sold empty; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic smoking pipes; Filter-tipped cigarettes; Filter tips; Flavorings for tobacco substitutes, other than essential oils; Flavorings, other than essential oils, for use in electronic cigarettes; Smokers' articles, namely, cigar storage tubes

FIRST USE 2-21-2019; IN COMIVIERCE 2-21 -2019

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FO IT STYLE, SIZE OR COLOR

SER. NO. 88-333,468, FILED 03-11-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:46:57 EST

Mark: UTILLIAN Utillian

US Serial Number: 88327399 Application Filing Mar. 06, 2019 Date:

US Registration 5851481 Registration Date: Sep. 03, 2019 Number:

Filed as TEAS Yes Currently TEAS Yes Plus: Plus:

Register: Principal

Mark Type: Trademark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Sep. 03, 2019

Publication Date: Jun. 18, 2019

Mark Information

Mark Literal UTILLIAN Elements:

Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Foreign Information

Foreign 017952767 Foreign Sep. 11 , 2018 Registration Registration Date: Number:

Foreign EUROPEAN UNION Foreign Expiration Sep. 11, 2028 Application/Registration Date: Country: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis(( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•__ • identify additional (new) wording in the goods/services.

For: Electronic cigarette atomizers sold empty; Electronic cigarette refill cartridges sold empty; Electronic cigarettes and oral vaporizers for smokers; Cases for electronic cigarettes and electronic cigarette accessories; Oral vaporizers for smokers; Oral vaporizers for smoking purposes; Smokers' oral vaporizer refill cartridges sold empty International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es):

Class Status: ACTIVE

Basis: 44(e) Basis Information (Case Level)

Filed Use: No Currently Use: No Filed ITU: No Currently ITU : No

Filed 44D: No Currently 44E: Yes Filed 44E: Yes Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: 2334271 Ontario Limited Owner Address: Unit 800, 1243 Islington Avenue Etobicoke CANADA M8X1Y9 Legal Entity Type: CORPORATION State or Country CANADA Where Organized: Attorney/Corres ondence Information

Attorney of Record Docket Number: TM-utillian Correspondent Correspondent 2334271 ONTARIO LI MITED Name/Address: 2334271 ONTARIO LI MITED UNIT 800, 1243 ISLIN GTON AVENUE ETOBICOKE CANADA M8X1Y9 Phone: +1-6478588273 Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Sep. 03, 2019 REGISTERED-PRINCIPAL REGISTER Jun. 18, 2019 OFFICIAL GAZETTE PUBLI CATION CONFIRMATION E-MAILED Jun. 18, 2019 PUBLISHED FOR OPPOSITION May 29, 2019 NOTIFICATION OF NOTICE OF PU BLICATION E-MAILED May 15, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER May 15, 2019 ASSIGN ED TO EXAMINER 59500 Mar. 23, 2019 NEW APPLI CATION OFFICE SUPPLIED DATA ENTERED IN TRAM Mar. 09, 2019 NEW APPLI CATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTI ON Date in Location: Sep. 03, 2019 Utillian

Reg. No. 5,851,481 2334271 Ontario Limited (CANADA CORPORATION) Unit 800, 1243 Islington Avenue Registered Sep. 03, 2019 Etobicoke, CANADA M8Xl Y9 CLASS 34: Electronic cigarette atomizers sold empty; Electronic cigarette refill cartridges Int. Cl.: 34 sold empty; Electronic cigarettes and oral vaporizers for smokers; Cases for electronic cigarettes and electronic cigarette accessories; Oral vaporizers for smokers; Oral vaporizers Trademark for smoking purposes; Smokers' oral vaporizer refill cartridges sold empty

Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR

OWNER OF EUROPEAN UNION , REG. NO. 017952767, DATED 09-11-2018, EXPIRES 09-11-2028

SER NO. 88-327,399, FILED 03-06-20 19

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:47:23 EST

Mark: VUBER

vuber

US Serial Number: 88312379 Application Filing Feb. 22, 2019 Date: US Registration 5850567 Registration Date: Sep. 03, 2019 Number: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Sep. 03, 2019 Publication Date: Jun. 18, 2019

Mark Information

Mark Literal VUBER Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. }) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•--• identify additional (new) wording in the goods/services.

For: Lithium ion batteries International 009 - Primary Class U.S Class(es): 021 , 023, 026, 036, 038 Class(es): Class Status: ACTIVE

Basis: 1(a) First Use: Jan. 01 , 2014 Use in Commerce: Jan. 01 , 2014

For: Atomizers sold empty for medical use; Vaporizers for medical purposes International 010 - Primary Class U.S Class(es): 026, 039, 044 Class(es): Class Status: ACTIVE

Basis: 1(a) First Use: Jan. 01 , 2014 Use in Commerce: Jan. 01 , 2014

For: Electronic cigarette atomizers sold empty; Oral vaporizers for smokers; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Electronic cigarettes and oral vaporizers for smokers International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE

Basis: 1(a)

First Use: Jan. 01, 2014 Use in Commerce: Jan. 01, 2014 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU : No

Filed 440: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Vuber Technolgies, LLC

Owner Address: 13525 32nd Ave NE, Suite A Seattle, WASHINGTON UNITED STATES 981 25 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country WASHINGTON Where Organized: Attorney/Corres ondence Information

Attorney of Record Attorney Name: Walker Weitzel Docket Number: Vuber_vubTM

Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent WALKER WEITZEL Name/Address: ALLOY PATENT LAW 267C W CHEWUCH RD WINTHROP, WASHINGTON UNITED STATES 98862 Phone: 206-899-6980

Correspondent e- [email protected] brandon@vubertech Correspondent e- Yes mail: nologies.com [email protected] n@!l. mail Authorized: @vubertechnologies.com Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Sep. 03, 2019 REGISTERED-PRINCIPAL REGISTER Jun. 18, 2019 OFFICIAL GAZETTE PUBLI CATION CONFIRMATION E-MAILED Jun. 18, 2019 PUBLI SHED FOR OPPOSITION May 29, 2019 NOTIFICATION OF NOTICE OF PU BLICATION E-MAILED May 11, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER May 03, 2019 ASSIGN ED TO EXAMINER 77073 Mar. 14, 2019 NEW APPLI CATION OFFICE SUPPLIED DATA ENTERED IN TRAM Feb.26,2019 NEW APPLI CATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information -None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Sep. 03, 2019 vuber

Reg. No. 5,850,567 Vuber Teclmolgies, LLC (WASHINGTON LIMITED LIABILITY COMPANY) 13525 32nd Ave Ne, Suite A Registered Sep. 03, 2019 Seattle, WASHINGT ON 98125 Int. Cl.: 9, 10, 34 CLASS 9: Lithium ion batteries FIRST USE 1-1-2014; IN COMMERCE 1-1-2014 Trademark CLASS 10: Atomizers sold empty for medical use; Vaporizers for medical purposes Principal Register FIRST USE 1-1-2014; IN COMMERCE 1-1-2014

CLASS 34: Electronic cigarette atomizers sold empty; Oral vaporizers for smokers; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Electronic cigarettes and oral vaporizers for smokers

FIRST USE 1-1-2014; IN COMMERCE 1-1-2014

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FO T STYLE, SIZE OR COLOR

SER NO. 88-312,379, FILED 02-22-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:47:48 EST

Mark: GLAS

g;l a..s

US Serial Number: 88310507 Application Filing Feb. 21, 2019 Date: US Registration 5844827 Registration Date: Aug. 27, 2019 Number: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal

Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Aug. 27, 2019 Publication Date: Jun. 11 , 2019

Mark Information

Mark Literal GLAS Elements: Standard Character No Claim: Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type: Description of The mark consists of the letters "g I a s" in a stylized font with an acute accent over the letter "s". Mark: Color(s) Claimed: Color is not claimed as a feature of the mark. Translation: The wording "Glas" has no meaning in a foreign language. Acquired In whole Distinctiveness Claim: Design Search 26.17.13 - Letters or words underlined and/or overlined by one or more strokes or lines; Underlined words or letters; Overlined words Code(s): or letters Related Properties Information

Claimed Ownership 4733527, 4749823, 4776124 and others of US Registrations: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks •--• identify additional (new) wording in the goods/services.

For: Batteries for electronic cigarettes; battery chargers for electronic cigarettes; USB charging ports; USB charging ports for use in vehicles; replacement parts and fittings for the aforesaid goods; electronic devices and appliances for charging and carrying electronic and electric cigarettes in the nature of battery charging devices International 009 - Primary Class U.S Class(es): 021 , 023, 026, 036, 038 Class(es): Class Status: ACTIVE Basis: 1(a)

First Use: Feb. 18, 2019 Use in Commerce: Feb. 18, 2019

For: Nicotine-based liquid, namely, liquid nicotine used to refill electronic cigarettes and vaporizer cartridges; electronic cigarettes and vaporizer cartridges with and without nicotine; electronic cigarette and vaporizer refill liquids, namely, liquid form chemical flavorings used to refill electronic cigarettes and vaporizers; cartridges filled with liquid form chemical flavorings for electronic cigarettes and vaporizers; electronic and electric cigarettes and vaporizers; electronic smoking vaporizers, namely, electronic cigarettes and vaporizers; refill cartridges for electronic cigarettes and vaporizers; electronic vaporizers for smoking purposes; smoker's articles for electric and electronic cigarettes and vaporizers, namely, cases for electronic cigarettes and vaporizers and electronic cigarette accessories, and boxes for electronic cigarettes and vaporizers and electronic cigarette accessories; components for electric and electronic cigarettes and vaporizers, namely, atomisers, cartomisers, and clearomisers for tobacco substitutes, sold empty; replacement parts and fittings for the aforesaid goods International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Feb. 18, 2019 Use in Commerce: Feb. 18, 2019 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No

Filed No Basis: No Current Owner(s) Information

Owner Name: Glas LLC Owner Address: 2127 Westwood Blvd., Suite 200 Los Angeles, CALIFORNIA UNITED STATES 90025 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country CALIFORNIA Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Sharon M. Hotchkiss

Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent SHARON M. HOTCHKISS Name/Address: HOTCHKISS LAW FIRM 3131 MCKINNEY AVE., SUITE 600 DALLAS, TEXAS UNITED STATES 75204 Phone: 310-993-0727

Correspondent e- [email protected] sharonmhotchkiss@ya Correspondent e- Yes mail: hoc.com mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Aug. 27, 2019 REGISTERED-PRINCIPAL REGISTER Jun.11,2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jun. 11 , 2019 PUBLISHED FOR OPPOSITION May 22, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED May 06, 2019 ASSIGNED TO LIE 70468 Apr. 21 , 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Apr. 10, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Apr. 09, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Apr. 09, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED Apr. 09, 2019 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Apr. 09, 2019 NON-FINAL ACTION E-MAILED 6325 Apr. 09, 2019 NON-FINAL ACTION WRITTEN 8901 1 Mar. 27, 2019 ASSIGNED TO EXAMINER 89011 Mar. 21 , 2019 NOTICE OF DESIGN SEARCH CODE E-MAILED Mar. 13, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Feb. 25,2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Aug. 27, 2019 glas

Reg. No. 5,844,827 Glas LLC (CALIFORNIA LIMITED LIABILITY COMPANY) 2127 Westwood Blvd., Suite 200 Registered Aug. 27, 2019 Los Angeles, CALIFORNIA 90025 CLASS 9: Batteries for electronic cigarettes; battery chargers for electronic cigarettes; USB Int. Cl.: 9, 34 charging ports; USB charging ports for use in vehicles; replacement parts and fittings for the aforesaid goods; electronic devices and appliances for charging and carrying electronic and Trademark electric cigarettes in the nature of battery charging devices

Principal Register FIRST USE 2-1 8-2019; IN COMMERCE 2-1 8-2019

CLASS 34: Nicotine-based liquid, namely, liquid nicotine used to refill electronic cigarettes and vaporizer cartridges; electronic cigarettes and vaporizer cartridges with and without nicotine; electronic cigarette and vaporizer refill liquids, namely, liquid fonn chemical flavorings used to refill electronic cigarettes and vaporizers; cartridges filled with liquid fonn chemical flavorings for electronic cigarettes and vaporizers; electronic and electric cigarettes and vaporizers; electronic smoking vaporizers, namely, electronic cigarettes and vaporizers; refill cartridges for electronic cigarettes and vaporizers; electronic vaporizers for smoking purposes; smoker's articles for electric and electronic cigarettes and vaporizers, namely, cases for electronic cigarettes and vaporizers and electronic cigarette accessories, and boxes for electronic cigarettes and vaporizers and electronic cigarette accessories; components for electric and electronic cigarettes and vaporizers, namely, atomisers, cartomisers, and clearomisers for tobacco substitutes, sold empty; replacement parts and fittings for the aforesaid goods

FIRST USE 2-1 8-2019; IN COMMERCE 2-1 8-2019

The mark consists of the letters "g I a s" in a stylized font with an acute accent over the letter "s 11.

OWNER OF US REG. NO. 4749823, 4733527, 4776124

The wording "Glas" has no meaning in a foreign language.

SEC.2(F) Director of the United States SER NO. 88-310,507, FILED 02-21-20 19 Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:48:17 EST

Mark: G

US Serial Number: 88310513 Application Filing Feb. 21, 2019 Date:

US Registration 5844828 Registration Date: Aug. 27, 2019 Number:

Filed as TEAS RF: Yes Currently TEAS RF: Yes

Register: Principal

Mark Type: Trademark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Aug. 27, 2019

Publication Date: Jun. 11 , 2019

Mark Information

Mark Literal G Elements: Standard Character No Claim: Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type:

Description of The mark consists of a stylized letter "G" comprised of 3 broken circles and a horizontal line. Mark:

Color(s) Claimed: Color is not claimed as a feature of the mark.

Design Search 26.17.01 - Bars, straight; Bands, straight; Lines, straight; Straight line(s), band(s) or bar(s) Code(s): 26.17.05 - Bars, horizontal; Bands, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal 26.17.09- Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved 27.03.01 - Geometric figures forming letters, numerals or punctuation Related Properties Information

Claimed Ownership 4776099, 4776124, 4850832 of US Registrations: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis(( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•_ _• identify additional (new) wording in the goods/services.

For: Batteries for electronic cigarettes; battery chargers for electronic cigarettes; USB charging ports; USB charging ports for use in vehicles; replacement parts and fittings for the aforesaid goods; electronic devices and appliances for charging and carrying electronic and electric cigarettes in the nature of battery charging devices International 009 - Primary Class U.S Class(es): 021, 023, 026, 036, 038 Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Feb. 18, 2019 Use in Commerce: Feb. 18, 2019 For: Nicotine-based liquid, namely, liquid nicotine used to refill electronic cigarettes and vaporizer cartridges; electronic cigarettes and vaporizer cartridges with and without nicotine; electronic cigarette and vaporizer refill liquids, namely, liquid form chemical flavorings used to refill electronic cigarettes and vaporizers; cartridges filled with liquid form chemical flavorings for electronic cigarettes and vaporizers; electronic and electric cigarettes and vaporizers; electronic smoking vaporizers, namely, electronic cigarettes and vaporizers; refill cartridges for electronic cigarettes and vaporizers; electronic vaporizers for smoking purposes; smoker's articles for electric and electronic cigarettes and vaporizers, namely, cases for electronic cigarettes and vaporizers and electronic cigarette accessories, and boxes for electronic cigarettes and vaporizers and electronic cigarette accessories; components for electric and electronic cigarettes and vaporizers, namely, atomisers, cartomisers, and clearomisers for tobacco substitutes, sold empty; replacement parts and fittings for the aforesaid goods International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es):

Class Status: ACTIVE

Basis: 1(a)

First Use: Feb. 18, 2019 Use in Commerce: Feb. 18, 2019 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Glas LLC Owner Address: 2127 Westwood Blvd., Suite 200 Los Angeles, CALIFORNIA UNITED STATES 90025 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country CALIFORNIA Where Organized: Attorney/Corres ondence Information

Attorney of Record Attorney Name: Sharon M. Hotchkiss

Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent SHARON M. HOTCHKISS Name/Address: HOTCHKISS LAW FIRM 31 31 MCKINNEY AVE., SUITE 600 DALLAS, TEXAS UNITED STATES 75204 Phone: 310-993-0727

Correspondent e- [email protected] sharonmhotchkiss@ya Correspondent e- Yes mail: hoo.com mail Authorized:

Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Aug.27, 2019 REGISTERED-PRINCIPAL REGISTER Jun. 11, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jun. 11 , 2019 PUBLISHED FOR OPPOSITION May 22, 2019 NOTIFICATION OF NOTI CE OF PUBLICATION E-MAILED May 06, 2019 ASSIGN ED TO LIE 70468 Apr. 21 , 2019 APPROVED FOR PUB • PRINCIPAL REGISTER Apr. 10, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Apr. 09, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Apr. 09, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED Apr. 09, 2019 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Apr. 09, 2019 NON-FINAL ACTION E-MAILED 6325 Apr. 09, 2019 NON-FINAL ACTION WRITTEN 8901 1 Mar. 27, 2019 ASSIGNED TO EXAMINER 89011 Mar. 21, 2019 NOTICE OF DESIGN SEARCH CODE E-MAILED Mar. 13, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Feb.25,2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Aug. 27, 2019 Reg. No. 5,844,828 Glas LLC (CALIFORNIA LIMITED LIABILITY COMPANY) 2127 Westwood Blvd. , Suite 200 Registered Aug. 27, 2019 Los Angeles, CALIFORNIA 90025 CLASS 9: Batteries for electronic cigarettes; battery chargers for electronic cigarettes; USB Int. Cl.: 9, 34 charging ports; USB charging ports for use in vehicles; replacement parts and fittings for the aforesaid goods; electronic devices and appliances for charging and carrying electronic and Trademark electric cigarettes in the nature of battery charging devices

Principal Register FIRST USE 2-1 8-2019; IN COMMERCE 2-1 8-2019

CLASS 34: Nicotine-based liquid, namely, liquid nicotine used to refill electronic cigarettes and vaporizer cartridges; electronic cigarettes and vaporizer cartridges with and without nicotine; electronic cigarette and vaporizer refill liquids, namely, liquid fonn chemical flavorings used to refill electronic cigarettes and vaporizers; cartridges filled with liquid fonn chemical flavorings for electronic cigarettes and vaporizers; electronic and electric cigarettes and vaporizers; electronic smoking vaporizers, namely, electronic cigarettes and vaporizers; refill cartridges for electronic cigarettes and vaporizers; electronic vaporizers for smoking purposes; smoker's articles for electric and electronic cigarettes and vaporizers, namely, cases for electronic cigarettes and vaporizers and electronic cigarette accessories, and boxes for electronic cigarettes and vaporizers and electronic cigarette accessories; components for electric and electronic cigarettes and vaporizers, namely, atomisers, cartomisers, and clearomisers for tobacco substitutes, sold empty; replacement parts and fittings for the aforesaid goods

FIRST USE 2-18-2019; IN COMMERCE 2-1 8-2019

The mark consists of a stylized letter "G" comprised of 3 broken circles and a horizontal line.

OWNER OF U.S REG. NO. 4776124, 4850832, 4776099

SER NO. 88-310,513, FILED 02-21-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:48:45 EST

Mark: E

US Serial Number: 88305358 Application Filing Feb. 18, 2019 Date: US Registration 5850460 Registration Date: Sep. 03, 2019 Number: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal

Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Sep. 03, 2019 Publication Date: Jun. 18, 2019

Mark Information

Mark Literal E Elements: Standard Character No Claim: Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type: Description of The mark consists of a stylized literal element "E" each angle forming the shape of a diamond. Mark: Color(s) Claimed: Color is not claimed as a feature of the mark. Design Search 26.07.21 - Diamonds that are completely or partially shaded Code(s): 26.07.28 - Diamond shapes (miscellaneous overall shape); Miscellaneous designs with overall diamond shape, including letters forming or comprising a diamond 27.03.01 - Geometric figures forming letters, numerals or punctuation Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks •--• identify additional (new) wording in the goods/services.

For: Electric cigarettes; Electric cigars; Electronic cigarette lighters; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic cigars; Electronic hookahs; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; 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; Chemical flavorings in liquid form used to refill electronic cigarette cartridges; Flavorings, other than essential oils, for use in electronic cigarettes; Liquid nicotine solutions for use in electronic cigarettes; Mechanical electronic cigarettes; Non-electric cigar lighters not of precious metal; Smokers' mouthpieces for electronic cigarettes International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE

Basis: 1(a) First Use: Jul. 01, 2016 Use in Commerce: Jul. 01 , 2016 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No

Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: THESY, LLC Owner Address: 300 W VALLEY BLVD #23 ALHAMBRA, CALIFORNIA UNITED STATE S 91803 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country CALIFORNIA Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Jack Fritz Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent JACK FRITZ Name/Address: FRITZ LAW GROUP 87 N RAYMOND AVE STE 927 PASADENA, CALIFORNIA UNITED STATES 91103 Phone: 626-629-8845

Correspondent e- [email protected] [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative -Not Found Prosecution History

Proceeding Date Desc ription Number Sep. 03, 2019 REGISTERED-PRINCIPAL REGISTER Jun. 18, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jun. 18, 2019 PUBLISHED FOR OPPOSITION May 29, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED May 15, 2019 ASSIGNED TO LIE 70138 Apr. 30, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Apr. 30, 2019 EXAMINER'S AMENDMENT ENTERED 88888 Apr. 30, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Apr. 30, 2019 EXAMINERS AMENDMENT E-MAILED 6328 Apr. 30, 2019 EXAMINERS AMENDMENT -WRITTEN 82430 Apr. 30, 2019 ASSIGN ED TO EXAMINER 82430 Mar. 21, 2019 NOTICE OF DESIGN SEARCH CODE E-MAILED Mar. 10, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Feb. 21 , 2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information • None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Sep. 03, 2019 Reg. No. 5,850,460 THESY, LLC (CALIFORL'\TIA LIMITED LIABILITY COMPA IY) 300 W Valley Blvd #23 Registered Sep. 03, 2019 Alhambra, CALIFORNIA 91803 CLASS 34: Electric cigarettes; Electric cigars; Electronic cigarette lighters; Electronic Int. Cl.: 34 cigarette liquid (e -liquid) comprised of flavorings in liquid fonn, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) comprised of Trademark propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Electronic cigarettes for Principal Register use as an alternative to traditional cigarettes; Electronic cigars; Electronic hookahs; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid fonn for electronic cigarettes; Cartridges sold filled with propylene glycol for electronic cigarettes; Cartridges sold filled with vegetable glycerin for electronic cigarettes; Chemical flavorings in liquid fonn used to refill electronic cigarette cartridges; Flavorings, other than essential oils, for use in electronic cigarettes; Liquid nicotine solutions for use in electronic cigarettes; Mechanical electronic cigarettes; Non-electric cigar lighters not of precious metal; Smokers' mouthpieces for electronic cigarettes

FIRST USE 7-1-2016; IN COMMERCE 7-1-2016

The mark consists of a stylized literal element "E" each angle fonning the shape of a diamond.

SER NO. 88-305,358, FILED 02-1 8-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:49:21 EST

Mark: JUULPODS JUULPODS

US Serial Number: 88289543 Application Filing Feb. 05, 2019 Date:

US Registration 5918490 Registration Date: Nov. 26, 2019 Number:

Filed as TEAS RF: Yes Currently TEAS RF: Yes

Register: Principal

Mark Type: Trademark

TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Nov. 26, 2019

Publication Date: Sep. 10, 2019

Mark Information

Mark Literal JUULPODS Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Related Properties Information

International 1481913 Registration Number:

International A0086884/1481913 Application(s) /Registration(s) Based on this Property: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis(( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks•--• identify additional (new) wording in the goods/services.

For: Nicotine liquid used to refill electronic cigarettes and vaporizer cartridges; electronic cigarettes and oral smoker's vaporizer refill cartridges sold with liquid nicotine solutions; electronic cigarette and vaporizer refill liquids, namely, liquid form chemical fiavorings used to refill electronic cigarettes and oral vaporizers for smokers; liquid form tobacco substitutes other than for medical purposes; refill cartridges filled with liquid form chemical fiavorings for electronic cigarettes and oral vaporizers for smokers; electronic and electric cigarettes and oral vaporizers for smokers; electronic smoking vaporizers, namely, electronic cigarettes and oral vaporizers for smokers; liquid form tobacco substitutes other than for medical purposes for electronic cigarettes and oral vaporizers for smokers; refill cartridges sold empty for electronic cigarettes and oral vaporizers for smokers; electronic oral vaporizers for smokers for the vaporization of tobacco; smoke~s articles for electric and electronic cigarettes and vaporizers, namely, cases for electronic cigarettes and oral vaporizers for smokers and electronic cigarette accessories, namely, refill cartridges for electronic cigarettes sold empty, and boxes for electronic cigarettes and oral vaporizers for smokers and electronic cigarette accessories, namely, refill cartridges for electronic cigarettes sold empty; components for electric and electronic cigarettes and oral vaporizers for smokers, namely, atomisers, cartomisers, and clearomisers sold empty for tobacco substitutes International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es):

Class Status: ACTIVE Basis: 1(a)

First Use: Jun. 2015 Use in Commerce: Jun. 2015 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: JUUL Labs, Inc. Owner Address: 560 20th Street, Building 104 San Francisco, CALIFORNIA UNITED STATES 94107 Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Attorney/Corres ondence Information

Attorney of Record Attorney Name: Aaron D. Hendelman Docket Number: 35196-TM1064 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent AARON D. HENDELMAN Name/Address: WILSON SONSINI GOODRICH & ROSATI 650 PAGE MILL ROAD PALO ALTO, CALIFORNIA UNITED STATES 94304 Phone: 650-493-9300 Fax: 650-493-681 1

Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative -Not Found Prosecution History

Proceeding Date Description Number Nov. 26, 2019 REGISTERED-PRINCIPAL REGISTER Sep. 10, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Sep. 10, 2019 PUBLISHED FOR OPPOSITION Aug 21 , 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Aug 06, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Aug.02, 2019 EXAMINER'S AMENDMENT ENTERED 88888 Aug.02, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Aug.02, 2019 EXAMINERS AMENDMENT E-MAILED 6328 Aug. 02, 2019 EXAMINERS AMENDMENT -WRITTEN 93643 Jun. 02, 2019 NOTIFICATION OF LETTER OF SUSPENSION E-MAILED 6332 Jun. 02, 2019 LETTER OF SUSPEN SION E-MAILED 6332 Jun. 02, 2019 SUSPENSION LETTER WRITTEN 93643 May 13, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 70884 May 13, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 70884 May 13, 2019 ASSIGNED TO LIE 70884 May 06, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED Apr. 24, 2019 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Apr. 24, 2019 NON-FINAL ACTION E-MAILED 6325 Apr. 24, 2019 NON-FINAL ACTION WRITTEN 93643 Apr. 17, 2019 ASSIGNED TO EXAMINER 93643 Feb.27,2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Feb.08,2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Nov. 26, 2019 Assignment Abstract Of Title Information

Summary Total Assignments: 2 Registrant: JUUL Labs, Inc.

Assignment 1 of 2

Conveyance: SECURITY INTEREST Reel/Frame: 6630/0620 Pages: 8 Date Recorded: Apr. 26, 2019 Supporting assignment-tm-6630-0620.pdf Documents: Assignor Name: JUUL LABS INC. Execution Date: Apr. 25, 2019 Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Assignee Name: MUFG UN ION BANK N.A. Legal Entity Type: NATIONAL BANKING ASSOCIATION State or Country UNITED STATES Where Organized: Address: P.O. BOX 30115 LOS ANGELES, CALIFORNIA 90030 Correspondent Correspondent JENNIFER LEE TAYLOR Name: Correspondent 425 MARKET STREET Address: C/O MORRISON & FOERSTER LLP SAN FRANCISCO, CA 94105 Domestic Representative - Not Found

Assignment 2 of 2

Conveyance: SECURITY INTEREST

Reel/Frame: 671 1/0331 Pages: 8 Date Recorded : Aug. 02, 2019 Supporting assignment-tm-6711-0331 .pdf Documents: Assignor Name: JUUL LABS, INC. Execution Date: Aug . 02, 2019 Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Assignee Name: CORTLAND CAPITAL MARKET SERVICES LLC Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Address: 225 W. WASHINGTON ST., 9TH FLOOR CHICAGO, ILLINOIS 60606 Correspondent Correspondent ORRICK, HERRINGTON & SUTCLIFFE LLP Name: Correspondent 2050 MAIN ST., SUITE 1100 Address: IRVINE, CA 92614 Domestic Representative - Not Found Proceedings

Summary

Number of 4 Proceedings:

Type of Proceeding: Opposition

Proceeding 91253315 Filing Date: Jan 07, 2020 Number:

Status: Pending Status Date: Jan 07, 2020

Interlocutory MIKE WEBSTER Attorney: Defendant Name: Julnes Julien

Correspondent KEESONGA GORE Address: MINOTT GORE, P.A. 201 S. BISCAYNE BLVD. SUITE 2800 MIAMI FL, 33131 Correspondent e- [email protected] mail: Associated marks Serial Reg istration Mark Application Status Number Number JULSELL Opposition Pending 88589737 Plaintiff(s) Name: JUUL Labs, Inc.

Correspondent AARON D. HENDELMAN Address: WILSON SONSINI GOODRICH & ROSATI 650 PAGE MILL ROAD PALO ALTO CA UNITED STATES , 94304-1 050 Correspondent e- [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number JUUL Registered 86156947 4818664 JUUL Registered 86683423 4898257 JUULSALTS Registered 87374462 5667074 JUUL LABS Registered 87455960 5776153 JUUL LABS Registered 87657660 5770541 JUULPODS Registered 88289543 5918490 JUUL First Extension - Granted 88053004 JUUL First Extension - Granted 88052996 JUUL First Extension - Granted 88052998 JUUL PASS Non-Final Action - Mailed 88550676 JUUL C1 PRIORITY ACTION MAILED 88524986 JUUL C2 PRIORITY ACTION MAILED 88524992 JUUL C3 Non-Final Action - Mailed 88663906 Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Jan 07, 2020 2 NOTICE AND TRIAL DATES SENT; ANSWER DU E: Jan 07, 2020 Feb 16, 2020 3 INSTITUTED Jan 07, 2020 Type of Proceeding: Opposition

Proceeding 91252 195 Filing Date: Nov 04, 2019 Number:

Status: Pending Status Date: Nov 12, 2019

Interlocutory ANN LINNEHAN VOGLER Attorney: Defendant Name: Puuff Inc. Correspondent LANCE M PRITIKIN Address: LAW OFFICES OF LANCE M PRITIKIN 1801 CENTURY PARK EAST 24TH FLOOR LOS ANGELES CA UNITED STATES, 90067 Correspondent e- [email protected] , [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number PUUFF Opposition Pending 88465649 PUUFF Opposition Pending 88465656 Plaintiff(s) Name: JUUL Labs, Inc.

Correspondent AARON D HENDELMAN Address: WILSON SONSINI GOODRICH & ROSATI 650 PAGE MILL ROAD PALO ALTO CA UNITED STATES , 94304-1050 Correspondent e- [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number JUUL Registered 86156947 4818664 JUUL Registered 86683423 4898257 JUULSALTS Registered 87374462 5667074 JUUL LABS Registered 87455960 5776153 JUUL LABS Registered 87657660 5770541 JUULPODS Registered 88289543 5918490 JUUL First Extension - Granted 88053004 JUUL First Extension - Granted 88052996 JUUL First Extension - Granted 88052998 JUUL PASS Non-Final Action - Mailed 88550676 JUUL C1 PRIORITY ACTI ON MAILED 88524986 JUUL C2 PRIORITY ACTION MAILED 88524992 JUUL C3 Non-Final Action - Mailed 88663906 Prosecution History Entry Number History Text Date Due Date FILED AND FEE Nov 04, 2019 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Nov 12, 2019 Dec 22, 2019 3 INSTITUTED Nov 12, 2019 4 ANSWER Dec 23, 2019 Type of Proceeding: Opposition

Proceeding 91250077 Filing Date: Aug 08, 2019 Number: Status: Terminated Status Date: Nov 16, 2019

Interlocutory JENNIFER KRISP Attorney: Defendant Name: Shenzhenshi qiweisi keji youxiangongsi

Correspondent KAI YU Address: 99 MADISON AVE FL 601 NEW YORK NY UNITED STATES, 10016

Correspondent e- [email protected] , [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number JULWHISPER Abandoned - After lnter-Partes Decision 88333266 Plaintiff(s) Name: JUUL Labs, Inc.

Correspondent AARON D HENDELMAN Address : WILSON SONSINI GOODRICH & ROSATI 650 PAGE MILL ROAD PALO ALTO CA UNITED STATES , 94304-1050 Correspondent e- [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number JUUL Registered 86156947 4818664 JUUL Registered 86683423 4898257 JUULSALTS Registered 87374462 5667074 JUUL LABS Registered 87455960 5776153 JUUL LABS Registered 87657660 5770541 JUULPODS Registered 88289543 5918490 JUULMELIER Abandoned - No Statement Of Use Filed 87657631 JUUL. MADE FOR SWITCHING Fourth Extension - Granted 87369494 JUUL First Extension - Granted 88053004 Prosecution History Entry Number History Text Date Due Date FILED AND FEE Aug 08, 2019 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Aug 08, 2019 Sep 17, 2019 3 INSTITUTED Aug 08, 2019 4 NOTICE OF DEFAULT Sep 27, 2019 5 BD DECISION OPP SUSTAINED Nov 16, 2019 6 TERMINATED Nov 16, 2019 Type of Proceeding: Opposition

Proceeding 91249000 Filing Date: Jun 20, 2019 Number:

Status: Terminated Status Date: Sep 18, 2019

Interlocutory REBECCA J STEMPIEN_COYLE Attorney: Defendant Name: Pelican Marketing Group, Inc.

Correspondent STEVEN SCOTT LLOYD Address: OFFIT KURMAN 8171 MAPLE LAWN BLVD, SUITE 200 MAPLE LAWN MD UNITED STATES, 20759 Correspondent e- [email protected] , [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number TOL Abandoned - After lnter-Partes Decision Plaintiff(s) Name: JUUL Labs, Inc. Correspondent AARON D HENDELMAN Address: WILSON SONSINI GOODRICH & ROSATI 650 PAGE MILL ROAD PALO ALTO CA UNITED STATES , 94304-1050 Correspondent e- [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number JUUL Registered 86156947 4818664 JUUL Registered 86683423 4898257 JUULSALTS Registered 87374462 5667074 JUULMELIER Abandoned - No Statement Of Use Filed 87657631 JUUL. MADE FOR SWITCHING Fourth Extension - Granted 87369494 JUUL LABS Registered 87455960 5776153 JUUL LABS Registered 87657660 5770541 JUUL First Extension - Granted 88053004 JUULPODS Registered 88289543 Prosecution History Entry Number History Text Date Due Date FILED AND FEE Jun 20, 2019 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Jun 20, 2019 Jul 30, 2019 3 INSTITUTED Jun 20, 2019 4 NOTICE OF DEFAULT Aug 09, 2019 5 BD DECISION: OPP SUSTAINED Sep 18, 2019 6 TERMINATED Sep 18, 2019 JUULPODS

Reg. No. 5,918,490 JUUL Labs, Inc. (DELAWARE CORPORATION) 560 20th Street, Building 104 Registered Nov. 26, 2019 San Francisco, CALIFORNIA 94107 CLASS 34: Nicotine liquid used to refill electronic cigarettes and vaporizer cartridges; Int. Cl.: 34 electronic cigarettes and oral smoker's vaporizer refill cartridges sold with liquid nicotine solutions; electronic cigarette and vaporizer refill liquids, namely, liquid fo rm chemical Trademark flavorings used to refill electronic cigarettes and oral vaporizers for smokers; liquid fonn tobacco substinites other than for medical purposes; refill cartridges fi lled with liquid fonn Principal Register chemical flavorings for electronic cigarettes and oral vaporizers for smokers; electronic and electric cigarettes and oral vaporizers for smokers; electronic smoking vaporizers, namely, electronic cigarettes and oral vaporizers for smokers; liquid fonn tobacco substitutes other than for medical purposes for electronic cigarettes and oral vaporizers for smokers; refill cartridges sold empty for electronic cigarettes and oral vaporizers for smokers; electronic oral vapon zers for smokers for the vaporization of tobacco; smoker's articles for electric and electronic cigarettes and vaporizers, namely, cases for electronic cigarettes and oral vaporizers for smokers and electronic cigarette accessories, namely, refill cartridges for electronic cigarettes sold empty, and boxes for electronic cigarettes and oral vaporizers for smokers and electronic cigarette accessories, namely, refill cartridges for electronic cigarettes sold empty; components for electric and electronic cigarettes and oral vaporizers for smokers, namely, atomisers, cartomisers, and clearomisers sold empty for tobacco substitutes

FIRST USE 6-00-2015; IN COMMERCE 6-00-2015

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FO T STYLE, SIZE OR COLOR

SER NO. 88-289,543, FILED 02-05-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:49:49 EST

Mark: LEBLASE IILEBLASE

US Serial Number: 88280746 Application Filing Jan. 29, 2019 Date: US Registration 5828195 Registration Date: Aug. 06, 2019 Number: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal

Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Aug. 06, 2019 Publication Date: May 21 , 2019

Mark Information

Mark Literal LEBLASE Elements: Standard Character No Claim: Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type: Description of The mark consists of a leaf and the word "LEBLASE" in stylized form. The accent mark atop the second "E" is represented by another Mark: leaf in a smaller size. Color(s) Claimed: Color is not claimed as a feature of the mark. Design Search 05.03.08 - More than one leaf, including scattered leaves, bunches of leaves not attached to branches Code(s): 05.03.25 - Leaf, single; Other leaves 27.03.04 - Plants forming letters or numerals Goods and Services

Note: The following symbols indicate that the registranVowner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks._ _. identify additional (new) wording in the goods/services.

For: Electronic cigarettes; electronic cigars; cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers; and smokeless cigarette vaporizer pipe International 034 - Primary Class U.S Class(es): 002, 008, 009, 01 7 Class(esJ: Class Status: ACTIVE

Basis: 1(a) First Use: Jan. 18, 2019 Use in Commerce: Jan. 18, 2019 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU : No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No

Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: GUO, XIAOPING Owner Address: 4th Floor, 6th Building Hengchangrong High Technology Park, Hugan Tian Bao An Shenzhen CHINA 00000 Legal Entity Type: INDIVIDUAL Citizenship: CHINA Attorney/Correspondence Information

Attorney of Record Attorney Name: Bin Li Docket Number: TM 505.112 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent BIN LI Name/Address: LAW OFFICES OF BIN LI 730 N DIAMOND BAR BLVD DIAMOND BAR, CALIFORNIA UNITED STATES 91765 Phone: 909-861 -6880 Fax: 909-861-8820 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Aug.06, 2019 REGISTERED-PRINCIPAL REGISTER May 21, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED May 21, 2019 PUBLISHED FOR OPPOSITION May 01, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Apr. 11 , 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Apr. 10, 2019 ASSIGNED TO EXAMINER 77876 Mar. 21 , 2019 NOTICE OF DESIGN SEARCH CODE E-MAILED Feb.21,2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Feb. 01,2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Aug. 06, 2019 • •LEBLASE

Reg. No. 5,828,195 GUO, XIAOPING (CHINA INDIVIDUAL) 4th Floor, 6th Building Hengchangrong Registered Aug. 06, 2019 High Technology Park, Hugan Tian Bao An Shenzhen, CHINA 00000

Int. Cl.: 34 CLASS 34: Electronic cigarettes; electronic cigars; cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers; and smokeless cigarette Trademark vapon zer pipe

Principal Register FIRST USE 1-18-2019; IN COMMERCE 1-1 8-2019

The mark consists of a leaf and the word "LEBLASE" in stylized fonn . The accent mark atop the second "E" is represented by another leaf in a smaller size.

SER NO. 88-280,746, FILED 01-29-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:50:18 EST

Mark: VANWU VANWU

US Serial Number: 88278363 Application Filing Jan. 28, 2019 Date: US Registration 5838922 Registration Date: Aug. 20, 2019 Number: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Aug. 20, 2019 Publication Date: Jun. 04, 2019

Mark Information

Mark Literal VANWU Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim:

Mark Drawing 4 - STANDARD CHARACTER MARK Type: Translation: The wording "VANWU" has no meaning in a foreign language. Name Portrait The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. Consent: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks._ _. identify additional (new) wording in the goods/services.

For: Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cigarette cases; Electronic cigarettes; Filter tips; Lighters for smokers; Liquid nicotine solutions for use in electronic cigarettes; Smokers' mouthpieces for cigarettes; Tobacco pipe cleaners; Tobacco pipes; Tobacco pouches International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE

Basis: 1(a) First Use: Nov. 28, 2018 Use in Commerce: Nov. 28, 2018 Basis Information (Case Level)

Flied Use: Yes Currently Use: Yes FiledlTU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No

Filed No Basis: No Current Owner(s) Information

Owner Name: Shen zhen shi bai ji you pin dian zi shang wu you xian gong si Owner Address: Rm.601,APM Shangwu Bldg.,Sanlian Rd. Longhua St.,Longhua New Dist. Shenzhen CHINA 518000 Legal Entity Type: limited company (ltd.) State or Country CHINA Where Organized: Attorney/Correspondence Information

Attorney of Record • None Correspondent Correspondent KAI YU Name/Address: 99 MADISON AVE FL 601 NEW YORK, NEW YORK UN ITED STATES 10016 Domestic Representative • Not Found Prosecution History

Proceeding Date Description Number Aug.20, 2019 REGISTERED-PRINCIPAL REGISTER Jun.04,2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jun.04,2019 PUBLISHED FOR OPPOSITION May 15, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Apr. 30, 2019 LAW OFFICE PUBLICATION REVIEW COMPLETED 70997 Apr. 29, 2019 ASSIGNED TO LIE 70997 Apr. 17, 2019 APPROVED FOR PUB · PRINCIPAL REGISTER Apr. 10, 2019 EXAMINER'S AMENDMENT ENTERED 88888 Apr. 10, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Apr. 10, 2019 EXAMINERS AMENDMENT E-MAILED 6328 Apr. 10, 2019 EXAMINERS AMENDMENT -WRITTEN 93422 Apr. 09, 2019 ASSIGNED TO EXAMINER 93422 Feb. 20,2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jan.31,2019 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information • None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Aug . 20, 2019 VANWU

Reg. No. 5,838,922 Shenzhen shi bai ji you pin dian zi shang wu you xian gong si (CHINA limited company (ltd.) ) Registered Aug. 20, 2019 Rm.60 l ,apm shangvvu bldg.,sanlian rd. Longhua st.,longhua new dist. Int. Cl.: 34 Shenzhen, CHINA 518000 CLASS 34: Cartomizers, namely, combination electronic cigarette refill cartridges sold empty Trademark and atomizers, sold as a component of electronic cigarettes; Cigarette cases; Electronic cigarettes; Filter tips; Lighters for smokers; Liquid nicotine solutions for use in electronic Principal Register cigarettes; Smokers' mouthpieces for cigarettes; Tobacco pipe cleaners; Tobacco pipes; Tobacco pouches

FIRST USE 11-28-2018; IN COMMERCE 11-28-2018

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FO T STYLE, SIZE OR COLOR

The wording "VANWU" has no meaning in a foreign language.

The name(s), portrait(s), and/or signature(s) sho,,~1 in the mark does not identify a particular living individual.

SER NO. 88-278,363, FILED 01 -28-2019

Director of the United States Patent and Trademark Office Generated on: This page was generated by TSDR on 2020-01-08 13:50:46 EST

Mark: FOCUS V

F0CUS V

US Serial Number: 88272004 Application Filing Jan. 23, 2019 Date: US Registration 5894827 Registration Date: Oct. 29, 2019 Number: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Oct. 29, 2019 Publication Date: Aug. 13, 2019

Mark Information

Mark Literal FOCUS V Elements: Standard Character No Claim:

Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type: Description of The mark consists of the wording "FOCUS V" in a stylistic font with a horizontal bar within the "O" of "FOCUS". Mark: Color(s) Claimed: Color is not claimed as a feature of the mark. Design Search 26.11.21 - Rectangles that are completely or partially shaded Code(s): 26.17.01 - Bars, straight; Lines, straight; Bands, straight; Straight line(s), band(s) or bar(s) 26.17.05- Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [.. ] indicate deleted goods/services; • Double parenthesis (( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks •--• identify additional (new) wording in the goods/services.

For: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Cigar cases; Cigar clippers; Cigar cutters; Cigar holders; Cigar humidifiers; Cigar lighters; Cigar tubes; Cigar wraps; Cigarette-rolling machines; Cigarette filters; Cigarette holders; Cigarette lighter holder not of precious metal; Cigarette paper; Cigarettes; Cigarettes containing tobacco substitutes, not for medical purposes; Cigars; Electronic cigarette atomizers sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarettes and oral vaporizers for smokers; Electronic cigars; Flavorings, other than essential oils, for use in electronic cigarettes; Herbs for smoking; Hookahs; Lighters for smokers; Matches; Smokeless cigar vaporizer pipes; Smokeless cigarette vaporizer pipe; Smokers' oral vaporizer refill cartridges sold empty; Tobacco pipes; Cigar and cigarette boxes; Electric cigars; Tobacco water pipes International 034 - Primary Class U.S Class(es): 002, 008, 009, 017 Class(es): Class Status: ACTIVE

Basis: 1(a) First Use: Nov. 01, 2018 Use in Commerce: Nov. 01, 2018 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU : No Currently ITU : No

Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: FOCUS HI-TECH CO., LIMITED

Owner Address: FENGHUANG ROAD NO.9, TORCH DEVELOPMENT DISTRICT BUILDING C JING FUKANG INDUSTRIAL ZON E ZH ONGSHAN CHINA 528 437 Legal Entity Type: LIMITED COMPANY State or Country CHINA Where Organized: ondence Information

Attorney of Record Attorney Name: Curt Handley, Esq. Docket Number: Focus V

Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent CURT HANDLEY, ESQ. Name/Address : LAW OFFICE OF CURT HAN DLEY 19540 BUCKINGHAM DR. SUITE 1 MOKENA, ILLINOIS UNITED STATES 60448 Correspondent e- [email protected] Correspondent e- Yes mail : mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Oct. 29, 2019 REGISTERED-PRINCIPAL REGISTER Aug. 13, 2019 OFFICIAL GAZETTE PUBLI CATION CONFIRMATION E-MAILED Aug. 13, 2019 PUBLI SHED FOR OPPOSITION Jul. 24, 2019 NOTI FICATION OF NOTICE OF PU BLICATION E-MAILED Jul. 11, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Jul. 10, 2019 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERS HIP Jul. 10, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 66121 Jul. 10, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 66121 Jul. 01 , 2019 ASSIGN ED TO LIE 66121 Jun. 24, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED Apr.11 , 2019 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Apr. 11 , 2019 NON-FINAL ACTION E-MAILED 6325 Apr.11 ,2019 NON-FINAL ACTION WRITTEN 85320 Apr. 04, 2019 ASSIGNED TO EXAMINER 85320 Mar. 21 , 2019 NOTICE OF DESIGN SEARCH CODE E-MAILED Feb. 14, 2019 NEW APPLI CATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jan. 26, 2019 NEW APPLI CATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information • None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Oct. 29, 2019 Assignment Abstract Of Title Information

Summary

Total Assignments: Registrant: FOCUS HI-TECH CO., LIMITED

Assignment 1 of 1

Conveyance: ASSIGNS THE ENTIRE INTEREST Reel/Frame: 6687/0144 Pages: 3

Date Recorded: Jul. 07, 2019

Supporting assignment-tm-6687-01 44.pdf Documents: Assignor Name: FOCUS V LLC Execution Date: Jun. 20, 2019 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country TEXAS Where Organized: Assignee Name: FOCUS HI-TECH CO. LIMITED Legal Entity Type: LIMITED COMPANY State or Country CHINA Where Organized:

Address: FENGHUANG ROAD NO.9, TORCH DEVELOPMENT DISTRICT BUILDING C JINGFUKANG INDUSTRIAL ZONE ZHONGSHAN, CHINA 528 437 Correspondent Correspondent CURT HANDLEY, ESQ. Name:

Correspondent 19540 BUCKINGHAM DR. SUITE 1 Address: MOKENA, IL 60448 Domestic Representative Domestic CURT HANDLEY, ESQ. Representative Name:

Domestic 19540 BUCKINGHAM DR. SUITE 1 Representative MOKENA, IL 60448 Address: F9CUS V

Reg. No. 5,894,827 FOCUS HI-TECH CO , LIMITED (CHINA LIMITED COMPA1 Y) Fenghuang Road No.9, Torch Development Registered Oct. 29, 2019 District Building C Jingfukang Industrial Zone Zhongshan, CHINA 528 437

Int. Cl.: 34 CLASS 34: Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a Trademark component of electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Cigar cases; Cigar clippers; Cigar cutters; Cigar holders; Cigar hmnidifiers; Principal Register Cigar lighters; Cigar n1bes; Cigar wraps; Cigarette-rolling machines; Cigarette filters; Cigarette holders; Cigarette lighter holder not of precious metal; Cigarette paper; Cigarettes; Cigarettes containing tobacco substitutes, not for medical pmposes; Cigars; Electronic cigarette atomizers sold empty; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette holders; Electronic cigarette liquid (e -liquid) comprised of vegetable glycerin; Electronic cigarettes and oral vaporizers for smokers; Electronic cigars; Flavorings, other than essential oils, for use in electronic cigarettes; Herbs for smoking; Hookahs; Lighters for smokers; Matches; Smokeless cigar vaporizer pipes; Smokeless cigarette vaporizer pipe; Smokers' oral vaporizer refill cartridges sold empty; Tobacco pipes; Cigar and cigarette boxes; Electric cigars; Tobacco water pipes

FIRST USE 11-1-2018; IN COMMERCE 11-1-2018

The mark consists of the wording "FOCUS V" in a stylistic font with a horizontal bar within the "O" of"FOCUS".

SER NO. 88-272,004, FILED 0 1-23-2019

Director of the United States Patent and Trademark Office