Response to Office Action

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 1957 (Rev 10/2011)

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

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86694983 SUPAREE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86694983/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Light emitting diodes (LEDs) for signaling devices; Light emitting diodes (LEDs) for signage; Nautical and photographic apparatus and instruments, namely, underwater housings for cameras, underwater enclosures for cameras and underwater enclosures for photographic lenses; Light emitting diodes (LEDs) for electronic devices; Fiber optics; Speed indicators; Electronic devices for calibrating, detecting, measuring, and signaling temperature and light; LED safety lighting devices for personal use for safety purposes; Alarm installations and alarms
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ China application number 15397365 filed 03/13/2015]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Light emitting diodes (LEDs) for signaling devices; Light emitting diodes (LEDs) for signage; Nautical and photographic apparatus and instruments, namely, underwater housings for cameras, underwater enclosures for cameras and underwater enclosures for photographic lenses; Light emitting diodes (LEDs) for electronic devices for video games machines, pin ball machines, vehicle dashboard computers, boat dashboard computers, power connectors, portable power supply devices, roadside emergency signs; Light emitting diodes (LEDs) for electronic devices; Speed indicators; Fiber optics; LED safety lighting devices for personal use for safety purposes; Electronic devices for calibrating, detecting, measuring, and signaling temperature and light; Alarm installations and alarmsClass 009 for Light emitting diodes (LEDs) for signaling devices; Light emitting diodes (LEDs) for signage; Light emitting diodes (LEDs) for electronic devices for video games machines, pin ball machines, vehicle dashboard computers, boat dashboard computers, power connectors, portable power supply devices, roadside emergency signs; Speed indicators; LED safety lighting devices for personal use for safety purposes;
Deleted Filing Basis: 44(d)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Vehicle turn-signal light bulbs; LED light bulbs; LED and HID light fixtures; LED lighting fixtures for indoor and outdoor lighting applications; LED light assemblies for street lights, signs, commercial lighting, automobiles, buildings, and other architectural uses
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 01/10/2013 and first used in commerce at least as early as 11/01/2013 , and is now in use in such commerce.

Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed: Class 011 for Vehicle turn-signal light bulbs; LED light bulbs; LED and HID light fixtures; LED lighting fixtures for indoor and outdoor lighting applications; LED light assemblies for street lights, signs, commercial lighting, automobiles, buildings, and other architectural uses
Deleted Filing Basis: 44(d)
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 01/10/2013 and first used in commerce at least as early as 11/01/2013 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of Photo of Applicant?s product displays mark on the product itself .
"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

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Luke Brean of BreanLaw, LLC, having an address of
P.O. Box 4120, ECM #72065 Portland, Oregon 97208
United States
tmsupport@breanlaw.com
5035494854
The Other Appointed Attorney(s): Jackson MacDonald.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
PAN, RICHARD
6 XINGFU ROAD BAIYUN DISTRICT
GUANGZHOU, GUANGDONG
CN
00000

Proposed:
Luke Brean of BreanLaw, LLC, having an address of
P.O. Box 4120, ECM #72065 Portland, Oregon 97208
United States
tmsupport@breanlaw.com
5035494854



ADDITIONAL STATEMENTS
Translation
The wording SUPAREE has no meaning in a foreign language.


Significance of wording, letter(s), or numeral(s)
SUPAREE appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /LB/      Date: 03/30/2016
Signatory's Name: Luke Brean
Signatory's Position: Attorney of Record, Oregon State Bar
Signatory's Phone Number: 5035494854


Response Signature
Signature: /LB/     Date: 03/30/2016
Signatory's Name: Luke Brean
Signatory's Position: Attorney of Record, Oregon State Bar

Signatory's Phone Number: 5035494854

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Luke Brean
   BreanLaw, LLC
   P.O. Box 4120, ECM #72065
   Portland, Oregon 97208
        
Serial Number: 86694983
Internet Transmission Date: Wed Mar 30 13:29:14 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2016033013291452
6614-86694983-550f69c2fb8f41638d072f98ae
f58e6593dade5b3a67b17e9fd3ad861666b6d8de
-N/A-N/A-20160330132227303019