| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
| 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. |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
79291932 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/79291932/mark.png |
| LITERAL ELEMENT |
GODOX |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
| OWNER SECTION (current) |
| NAME |
GODOX PHOTO EQUIPMENT CO., LTD. |
| OWNER SECTION (proposed) |
| NAME |
GODOX PHOTO EQUIPMENT CO., LTD. |
| EMAIL |
XXXX |
| ARGUMENT(S) |
|
This is responsive to the September 8, 2020 Office Action and September 25, 2020 IB-1st Refusal Note.
In the Action, the Examining Attorney set forth a requirement to Amend the Identification of goods, to clarify the Applicant's entity status, to amend the color claim in the mark and to be
represented by a U.S.licensed attorney.
It is respectfully submitted that the goods in International Classes 8, 10 and 11 have been amended herein to more definitively describe the goods associated with applicant's mark. It is
believed that by the amendments made herein, all indefiniteness issues raised by the Examining Attorney have been resolved.
With respect to the entity status of Applicant, it is respectfully submitted that Applicant, Godox Photo Equipment Co., Ltd. is in fact a Corporation as properly recited in the Application as
filed on August 20, 2020. As for the color claim, it is noted that color is not a claimed feature of the mark. In accordance with the Examining Attorney's suggestion to submit "a description of the
literal and design elements in the mark omitting an reference to color", an amended mark description is being submitted herewith to recite "The mark consists of the wording "GODOX" in a stylized
font." It is believed that the entity status and color claim requirements have been therefore satisfied.
With respect to the U.S. licensed attorney requirement, it is noted that a Power of Attorney and Appointment of Domestic Representative form was filed with the USPTO on January 13, 2020 to
appoint the law firm of Rosenberg, Klein & Lee and its associated attorneys to represent Applicant in this case.
It is believed that all issues raised in the Office Action have been addressed by amendment herein. Nevertheless, if additional issues remain, the Examining Attorney is respectfully requested to
contact the undersigned so that those issues may be resolved expeditiously.
|
| GOODS AND/OR SERVICES SECTION (008) (current) |
| INTERNATIONAL CLASS |
008 |
| DESCRIPTION |
| Sharpening instruments; hand tools, hand-operated; garden tools, hand-operated; depilation appliances, electric and non-electric; laser
hair removal apparatus, other than for medical purposes; razors, electric or non-electric; hair clippers for personal use, electric and non-electric; shearers [hand instruments]; tweezers;
scissors |
| GOODS AND/OR SERVICES SECTION (008) (proposed) |
| INTERNATIONAL CLASS |
008 |
| TRACKED TEXT DESCRIPTION |
Sharpening instruments; Hand-operated sharpening instruments;
hand tools, hand-operated; hand-operated hand tools, namely, hand drills, hack saws, cutting tools; garden tools, hand-operated; hand-operated gardening tools, namely, trowels, weeding forks, spades, hoes; depilation
appliances, electric and non-electric; laser hair removal apparatus, other than for medical purposes; razors, electric or non-electric;
hair clippers for personal use, electric and non-electric; shearers [hand instruments]; hand
instruments, namely, shearers; tweezers; scissors |
| FINAL DESCRIPTION |
| Hand-operated sharpening instruments; hand-operated hand tools, namely, hand drills, hack saws, cutting tools; hand-operated gardening
tools, namely, trowels, weeding forks, spades, hoes; depilation appliances, electric and non-electric; laser hair removal apparatus, other than for medical purposes; razors, electric or non-electric;
hair clippers for personal use, electric and non-electric; hand instruments, namely, shearers; tweezers; scissors |
| WEBPAGE URL |
None Provided |
| WEBPAGE DATE OF ACCESS |
None Provided |
| GOODS AND/OR SERVICES SECTION (010) (current) |
| INTERNATIONAL CLASS |
010 |
| DESCRIPTION |
| Sterilized medical instruments; medical or surgical lamps; dental apparatus and instruments; filters for ultraviolet rays, for medical
purposes; ultraviolet ray lamps for medical purposes; gloves for medical purposes; feeding bottles; orthopedic articles; suture materials |
| GOODS AND/OR SERVICES SECTION (010) (proposed) |
| INTERNATIONAL CLASS |
010 |
| TRACKED TEXT DESCRIPTION |
Sterilized medical instruments; Sterilized medical instruments for
cutting tissue, percutaneous tracheostomy; medical or surgical lamps; medical and surgical lamps; dental apparatus and instruments; dental apparatus and instruments, namely, prophy angles, oral irrigators, crown and bridge removers;
filters for ultraviolet rays, for medical purposes; ultraviolet ray lamps for medical purposes; gloves for medical
purposes; feeding bottles; orthopedic articles; orthopedic articles, namely, walkers, braces,
shoes; suture materials |
| FINAL DESCRIPTION |
| Sterilized medical instruments for cutting tissue, percutaneous tracheostomy; medical and surgical lamps; dental apparatus and
instruments, namely, prophy angles, oral irrigators, crown and bridge removers; filters for ultraviolet rays, for medical purposes; ultraviolet ray lamps for medical purposes; gloves for medical
purposes; feeding bottles; orthopedic articles, namely, walkers, braces, shoes; suture materials |
| WEBPAGE URL |
None Provided |
| WEBPAGE DATE OF ACCESS |
None Provided |
| GOODS AND/OR SERVICES SECTION (011) (current) |
| INTERNATIONAL CLASS |
011 |
| DESCRIPTION |
| Arc lamps; ultraviolet halogen metal vapor lamp; germicidal lamps for purifying air; ultraviolet ray lamps, not for medical purposes;
air deodorizing apparatus for refrigerators; air purifying apparatus and machines; germicidal burners; radiators [heating]; bath installations; disinfectant apparatus; sterilizers for medical
use |
| GOODS AND/OR SERVICES SECTION (011) (proposed) |
| INTERNATIONAL CLASS |
011 |
| TRACKED TEXT DESCRIPTION |
Arc lamps; ultraviolet halogen metal vapor lamp; germicidal lamps
for purifying air; ultraviolet ray lamps, not for medical purposes; air deodorizing apparatus for refrigerators; electric air deodorizing apparatus for refrigerators; air purifying apparatus and machines; germicidal
burners; germicidal lamps for purifying air,namely, germicidal burners; radiators [heating]; radiators for heating; bath installations; disinfectant apparatus; disinfectant
apparatus for banknotes, medical purposes, industrial purposes; sterilizers for medical use; sterilizer units for medical
use |
| FINAL DESCRIPTION |
| Arc lamps; ultraviolet halogen metal vapor lamp; germicidal lamps for purifying air; ultraviolet ray lamps, not for medical purposes;
electric air deodorizing apparatus for refrigerators; air purifying apparatus and machines; germicidal lamps for purifying air,namely, germicidal burners; radiators for heating; bath installations;
disinfectant apparatus for banknotes, medical purposes, industrial purposes; sterilizer units for medical use |
| WEBPAGE URL |
None Provided |
| WEBPAGE DATE OF ACCESS |
None Provided |
| ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the wording "GODOX" in a stylized font. |
| MISCELLANEOUS STATEMENT |
Please delete the mark description currently of record and enter the amended mark description provided herein |
| ATTORNEY INFORMATION (new) |
| NAME |
Nicole B. Rackiewicz |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
Rosenberg, Klein & Lee |
| STREET |
3458 Ellicott Center Drive, Suite 101 |
| CITY |
Ellicott City |
| STATE |
Maryland |
| POSTAL CODE |
21043 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
| PHONE |
410-465-6678 |
| FAX |
410-461-3067 |
| EMAIL |
RKL@RKLPATLAW.COM |
| DOCKET/REFERENCE NUMBER |
MR3847-49 |
| OTHER APPOINTED ATTORNEY |
Morton J. Rosenberg, David I. Klein, Jun Y. Lee, Christopher D. Reaves |
| CORRESPONDENCE INFORMATION (current) |
| NAME |
LUNGTIN SHENZHEN INTELLECTUAL |
| CORRESPONDENCE INFORMATION (proposed) |
| NAME |
Nicole B. Rackiewicz |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
RKL@RKLPATLAW.COM |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
| DOCKET/REFERENCE NUMBER |
MR3847-49 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Nicole B. Rackiewicz/ |
| SIGNATORY'S NAME |
Nicole B. Rackiewicz |
| SIGNATORY'S POSITION |
Attorney of Record, Maryland Bar Member |
| SIGNATORY'S PHONE NUMBER |
410-465-6678 |
| DATE SIGNED |
01/15/2021 |
| ROLE OF AUTHORIZED SIGNATORY |
Authorized U.S.-Licensed Attorney |
| SIGNATURE METHOD |
Signed directly within the form |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Jan 15 14:14:39 ET 2021 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0210115141439353901-79291
932-7607cff199fa8e98fc1ce
be3679b6ac2919bfd30ea9826
4c27583f67e175b27e4-N/A-N
/A-20210115140907715337 |
| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
| 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. |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
79291932 GODOX (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/7929193 2/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
This is responsive to the September 8, 2020 Office Action and September 25, 2020 IB-1st Refusal Note.
In the Action, the Examining Attorney set forth a requirement to Amend the Identification of goods, to clarify the Applicant's entity status, to amend the color claim in the mark and to be
represented by a U.S.licensed attorney.
It is respectfully submitted that the goods in International Classes 8, 10 and 11 have been amended herein to more definitively describe the goods associated with applicant's mark. It is
believed that by the amendments made herein, all indefiniteness issues raised by the Examining Attorney have been resolved.
With respect to the entity status of Applicant, it is respectfully submitted that Applicant, Godox Photo Equipment Co., Ltd. is in fact a Corporation as properly recited in the Application as
filed on August 20, 2020. As for the color claim, it is noted that color is not a claimed feature of the mark. In accordance with the Examining Attorney's suggestion to submit "a description of the
literal and design elements in the mark omitting an reference to color", an amended mark description is being submitted herewith to recite "The mark consists of the wording "GODOX" in a stylized
font." It is believed that the entity status and color claim requirements have been therefore satisfied.
With respect to the U.S. licensed attorney requirement, it is noted that a Power of Attorney and Appointment of Domestic Representative form was filed with the USPTO on January 13, 2020 to
appoint the law firm of Rosenberg, Klein & Lee and its associated attorneys to represent Applicant in this case.
It is believed that all issues raised in the Office Action have been addressed by amendment herein. Nevertheless, if additional issues remain, the Examining Attorney is respectfully requested to
contact the undersigned so that those issues may be resolved expeditiously.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 008 for Sharpening instruments; hand tools, hand-operated; garden tools, hand-operated; depilation appliances, electric and non-electric; laser hair removal apparatus, other than for medical
purposes; razors, electric or non-electric; hair clippers for personal use, electric and non-electric; shearers [hand instruments]; tweezers; scissors
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Proposed:
Tracked Text Description: Sharpening instruments;
Hand-operated sharpening instruments;
hand tools, hand-operated;
hand-operated hand tools, namely, hand drills, hack saws, cutting tools;
garden tools,
hand-operated;
hand-operated gardening tools, namely, trowels, weeding forks, spades, hoes;
depilation appliances, electric and
non-electric;
laser hair removal apparatus, other than for medical purposes;
razors, electric or non-electric;
hair
clippers for personal use, electric and non-electric;
shearers [hand instruments];
hand instruments, namely,
shearers;
tweezers;
scissorsClass 008 for Hand-operated sharpening instruments; hand-operated hand tools, namely, hand drills, hack saws,
cutting tools; hand-operated gardening tools, namely, trowels, weeding forks, spades, hoes; depilation appliances, electric and non-electric; laser hair removal apparatus, other than for medical
purposes; razors, electric or non-electric; hair clippers for personal use, electric and non-electric; hand instruments, namely, shearers; tweezers; scissors
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Applicant proposes to amend the following:
Current:
Class 010 for Sterilized medical instruments; medical or surgical lamps; dental apparatus and instruments; filters for ultraviolet rays, for medical purposes; ultraviolet ray lamps for medical
purposes; gloves for medical purposes; feeding bottles; orthopedic articles; suture materials
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Proposed:
Tracked Text Description: Sterilized medical instruments;
Sterilized medical instruments for cutting tissue, percutaneous
tracheostomy;
medical or surgical lamps;
medical and surgical lamps;
dental
apparatus and instruments;
dental apparatus and instruments, namely, prophy angles, oral irrigators, crown and bridge removers;
filters for ultraviolet rays, for medical purposes;
ultraviolet ray lamps for medical purposes;
gloves for medical purposes;
feeding bottles;
orthopedic articles;
orthopedic articles, namely, walkers, braces, shoes;
suture materialsClass 010 for Sterilized medical instruments for cutting tissue, percutaneous tracheostomy; medical and surgical lamps; dental apparatus and instruments,
namely, prophy angles, oral irrigators, crown and bridge removers; filters for ultraviolet rays, for medical purposes; ultraviolet ray lamps for medical purposes; gloves for medical purposes; feeding
bottles; orthopedic articles, namely, walkers, braces, shoes; suture materials
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Applicant proposes to amend the following:
Current:
Class 011 for Arc lamps; ultraviolet halogen metal vapor lamp; germicidal lamps for purifying air; ultraviolet ray lamps, not for medical purposes; air deodorizing apparatus for refrigerators; air
purifying apparatus and machines; germicidal burners; radiators [heating]; bath installations; disinfectant apparatus; sterilizers for medical use
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Proposed:
Tracked Text Description: Arc lamps;
ultraviolet halogen metal vapor lamp;
germicidal lamps for purifying air;
ultraviolet ray lamps, not for medical purposes;
air deodorizing apparatus for refrigerators;
electric air deodorizing apparatus for refrigerators;
air purifying apparatus and machines;
germicidal burners;
germicidal lamps for purifying air,namely, germicidal burners;
radiators [heating];
radiators for heating;
bath installations;
disinfectant apparatus;
disinfectant
apparatus for banknotes, medical purposes, industrial purposes;
sterilizers for medical use;
sterilizer units for medical
useClass 011 for Arc lamps; ultraviolet halogen metal vapor lamp; germicidal lamps for purifying air; ultraviolet ray lamps, not for medical purposes; electric air deodorizing apparatus for
refrigerators; air purifying apparatus and machines; germicidal lamps for purifying air,namely, germicidal burners; radiators for heating; bath installations; disinfectant apparatus for banknotes,
medical purposes, industrial purposes; sterilizer units for medical use
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: GODOX PHOTO EQUIPMENT CO., LTD., a corporation of China
Proposed: GODOX PHOTO EQUIPMENT CO., LTD., a corporation of China
Email Address: XXXX
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording "GODOX" in a stylized font.
Miscellaneous Statement
Please delete the mark description currently of record and enter the amended mark description provided herein
The owner's/holder's proposed attorney information: Nicole B. Rackiewicz. Other appointed attorneys are Morton J. Rosenberg, David I. Klein, Jun Y. Lee, Christopher D. Reaves. Nicole B.
Rackiewicz of Rosenberg, Klein & Lee, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
3458 Ellicott Center Drive, Suite 101
Ellicott City, Maryland 21043
United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is MR3847-49.
The phone number is 410-465-6678.
The fax number is 410-461-3067.
The email address is RKL@RKLPATLAW.COM
Nicole B. Rackiewicz submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any
U.S. Commonwealth or territory.
Correspondence Information (current):
LUNGTIN SHENZHEN INTELLECTUAL
Correspondence Information (proposed):
Nicole B. Rackiewicz
PRIMARY EMAIL FOR CORRESPONDENCE: RKL@RKLPATLAW.COM
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is MR3847-49.
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
SIGNATURE(S)
Response Signature
Signature: /Nicole B. Rackiewicz/ Date: 01/15/2021
Signatory's Name: Nicole B. Rackiewicz
Signatory's Position: Attorney of Record, Maryland Bar Member
Signatory's Phone Number: 410-465-6678 Signature method: Signed directly within the form
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: LUNGTIN SHENZHEN INTELLECTUAL
PROPERTY AGENT LTD
No. 70 Nanyuan Road,
Room 4A, Shangtian Building,
Guangdong,
Mailing Address: Nicole B. Rackiewicz
Rosenberg, Klein & Lee
3458 Ellicott Center Drive, Suite 101
Ellicott City, Maryland 21043
Serial Number: 79291932
Internet Transmission Date: Fri Jan 15 14:14:39 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2021011514143935
3901-79291932-7607cff199fa8e98fc1cebe367
9b6ac2919bfd30ea98264c27583f67e175b27e4-
N/A-N/A-20210115140907715337