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. 87112549 3E (Stylized and/or with Design, see http://uspto.report/TM/87112549/mark.png) has been amended as follows:

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

Our mark, 3E, has no likelihood of confusion with the mark 3E brighten your life for their appearances are totally different and they are distinguishing. Our mark, 3E, is in stylized form with a circle design element while registrant owns 3E BRIGHTEN YOUR LIFE in stylized form with a lightbulb design element. It can be seen from attachment that the two designed mark adopted different styles. In our mark, the word ?3E?is designed in mosaic style in a spiral circle element while in the registered mark, the word ?3E brighten your life? is in italics below a device of a lamp bulb. The styles and visual expressions are distinguishing. Although the word element of the two marks are common, the mark market identification consists of not only the word elements but also the design, especially to the device mark with design. Therefore, the design of the two marks can make them to be easily identified by the consumers. No confusion will exist.

EVIDENCE
Evidence-1

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
PENG XIAO PAN
YAOHUA CHUANGJIAN BUILDING, FUTIAN DIST.
ROOM 811
SHENZHEN, GUANGDONG
CN
518000

Proposed:
LI DONGYOU, having an address of
Room 918, Zehua Building 988 Meilong Road, Longhua New District SHENZHEN, GUANGDONG, 518000
China
qianshanwansburuli@163.com



ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "3E" appearing in the center of a shaded ring with four curved lines cut out of the ring.

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: /LI DONGYOU/      Date: 05/05/2017
Signatory's Name: LI DONGYOU
Signatory's Position: President

Response Signature
Signature: /LI DONGYOU/     Date: 05/05/2017
Signatory's Name: LI DONGYOU
Signatory's Position: President

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 owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; 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.

Mailing Address:    LI DONGYOU
   Room 918, Zehua Building
   988 Meilong Road, Longhua New District
   SHENZHEN, GUANGDONG, 518000
        
Serial Number: 87112549
Internet Transmission Date: Thu May 04 22:51:45 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201705042251458537
67-87112549-590e613f3b15f4153c99c8edb534
a9eb29b15a6b716bf26375152bad5a6f2a9e63-N
/A-N/A-20170504223848488089