Post Publication Amendment

PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1771 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 85791780 MIST(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85791780) has been amended as follows:

EXPLANATION OF FILING
Need to file an amendment as the graphic design has been modified, specifically, we'd like to use one lower case letter in the mark (change from "MIST" to "MiST"), and update the logo.


CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer application software for mobile phones, namely, software for accessing shared remote storage; Computer application software for personal computers and mobile phones, namely, software for use in electronic storage of personal data; Computer programs for connecting remotely to computers or computer networks; Computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2012 and first used in commerce at least as early as 11/22/2012 , and is now in use in such commerce.

Proposed: Class 009 for Computer application software for mobile phones, namely, software for accessing shared remote storage; Computer application software for personal computers and mobile phones, namely, software for use in electronic storage of personal data; Computer programs for connecting remotely to computers or computer networks; Computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2012 and first used in commerce at least as early as 11/22/2012 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Logo for the trademark. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /David Yao/      Date: 09/16/2013
Signatory's Name: David Yao
Signatory's Position: EVP/COO
Signatory's Phone Number: 949-421-0720 x 207



Signature: /David Yao/     Date: 09/16/2013
Signatory's Name: David Yao
Signatory's Position: EVP/COO

Signatory's Phone Number: 949-421-0720 x 207

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 85791780
Internet Transmission Date: Mon Sep 16 19:01:06 EDT 2013
TEAS Stamp: USPTO/PPA-XX.XXX.XXX.XX-2013091619010669
7643-85791780-500373de6610d0e47dd96dd91d
bfd3ced065ea63b47a700734cc41a73d3c27d2-N
/A-N/A-20130916185339626684