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. 87162638 NP NOVOPAL (Stylized and/or with Design, see http://uspto.report/TM/87162638/mark.png) has been amended as follows:

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

We are a professional supplier has a large scale factory which supplied computer peripheral devices and it is a coincidence that our trademark happened to have similarity with Prior-Filed Application.we would like to delete the conflict goods which may mislead potential customers.Both of our trademarks have a design in their areas and this is distinguish our mark from the prior-filed mark.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Galvanic cells;Battery chargers;Telephone apparatus;Computer mouse;Blank magnetic disks;Blank floppy computer discs;Integrated circuit cards;Calculating disks;Computer memories; Computer keyboards; Computer peripheral devices;Chip card readers ;Blank optical discs; Disk drives;Notebook computers;Laptop computers;Notebook computers;cases for phones;earphones;headphones;usb cables;Flash card readers
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 08/12/2016 and first used in commerce at least as early as 08/12/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Galvanic cells; Battery chargers; Telephone apparatus; Computer mouse; Blank magnetic disks; Integrated circuit cards; Blank floppy computer discs; Calculating machines; Computer memories; Calculating disks; Computer keyboards; Computer peripheral devices; Chip card readers; Notebook computers; Laptop computers; Blank optical discs; Cases adapted for mobile phones; Disk drives; Flash card readers; Notebook computers; cases for phones; earphones; headphones; usb cablesClass 009 for Galvanic cells; Battery chargers; Telephone apparatus; Computer mouse; Integrated circuit cards; Calculating machines; Computer memories; Computer keyboards; Computer peripheral devices; Chip card readers; Notebook computers; Laptop computers; Cases adapted for mobile phones; Flash card readers
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 08/12/2016 and first used in commerce at least as early as 08/12/2016 , 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 products sell with logo printed on the package,our online shop screenshot,our european trademark registration files and INFORMATION ABOUT SPECIMEN REQUIRED reply to office action .
"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].
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Original PDF file:
SPU0-11117821198-20170221080439528405_._novopal-EU.pdf
Converted PDF file(s) ( 5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPU0-11117821198-20170221080439528405_._inquiry.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "NOVOPAL" in black to the left of which appears the stylized lettering "NP" in blue.

Translation
The English translation of NOVOPAL in the mark is no more pay.


Significance of wording, letter(s), or numeral(s)
NOVOPAL 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: /Hua Zhang/      Date: 02/21/2017
Signatory's Name: Hua Zhang
Signatory's Position: Owner

Response Signature
Signature: /Hua Zhang/     Date: 02/21/2017
Signatory's Name: Hua Zhang
Signatory's Position: Owner

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.

        
Serial Number: 87162638
Internet Transmission Date: Tue Feb 21 08:32:51 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201702210832511
23880-87162638-580442682f3d47995465551dc
a74e4e5da7738958f6ee82eebc2041c34c3692-N
/A-N/A-20170221080439528405