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


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER87359242
LAW OFFICE ASSIGNEDLAW OFFICE 123
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/87359242/large
LITERAL ELEMENT BABY STEPS
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
DESCRIPTION OF EVIDENCE FILEarguments for the issues .Note?The Website of Applicant's goods sold on Amazon is? https://www.amazon.com/BabySteps-Independent-Electric-Adaptors-Standard/dp/B071S3F5PD/ref=sr_1_19_a_it ie=UTF8&qid=1501321465&sr=8-19&keywords=babysteps
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS010
DESCRIPTION
Abdominal pads; Breast pumps; Feeding bottles; Nasal aspirators; Nipples for baby bottles; Orthopedic belts; Orthopedic cushions; Orthopedic supports; Pacifiers for babies; Teething rings; Teething rings incorporating baby rattles; Electrical weight loss body belt; Orthopaedic belts; Sanitary masks for dust prevention for medical purposes; Sanitary masks for medical wellness purposes
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/25/2016
        FIRST USE IN COMMERCE DATE At least as early as 10/25/2016
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS010
TRACKED TEXT DESCRIPTION
Abdominal pads; Breast pumps; Feeding bottles; Nasal aspirators; Orthopedic belts; Nipples for baby bottles; Orthopedic cushions; Orthopedic supports; Electrical weight loss body belt; Orthopaedic belts; Pacifiers for babies; Sanitary masks for dust prevention for medical purposes; Teething rings; Sanitary masks for medical wellness purposes; Teething rings incorporating baby rattles
FINAL DESCRIPTION
Abdominal pads; Breast pumps; Nasal aspirators; Orthopedic belts; Orthopedic cushions; Orthopedic supports; Electrical weight loss body belt; Orthopaedic belts; Sanitary masks for dust prevention for medical purposes; Sanitary masks for medical wellness purposes
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/25/2016
       FIRST USE IN COMMERCE DATE At least as early as 10/25/2016
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\873\592\87359242\xml5\ ROA0002.JPG
       \\TICRS\EXPORT17\IMAGEOUT 17\873\592\87359242\xml5\ ROA0003.JPG
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER016477622
       FOREIGN APPLICATION COUNTRYEuropean Union Trademark - EUTM
       FOREIGN FILING DATE03/17/2017
       INTENT TO
       PERFECT 44(d)
At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.
SIGNATURE SECTION
DECLARATION SIGNATURE /Gan Qingcao/
SIGNATORY'S NAME GAN QINGCAO
SIGNATORY'S POSITION President
DATE SIGNED 07/29/2017
RESPONSE SIGNATURE /Gan Qingcao/
SIGNATORY'S NAME GAN QINGCAO
SIGNATORY'S POSITION President
DATE SIGNED 07/29/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sat Jul 29 06:16:19 EDT 2017
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20170729061619822838-8735
9242-510de60511fd466f73ac
d5469565fd16d97fa69d8a88d
4a94cf74d7e8d8d79b1f14-N/
A-N/A-2017072905582389701
4



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. 87359242 BABY STEPS(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87359242/large) has been amended as follows:

EVIDENCE
Evidence in the nature of arguments for the issues .Note?The Website of Applicant's goods sold on Amazon is? https://www.amazon.com/BabySteps-Independent-Electric-Adaptors-Standard/dp/B071S3F5PD/ref=sr_1_19_a_it ie=UTF8&qid=1501321465&sr=8-19&keywords=babysteps has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Abdominal pads; Breast pumps; Feeding bottles; Nasal aspirators; Nipples for baby bottles; Orthopedic belts; Orthopedic cushions; Orthopedic supports; Pacifiers for babies; Teething rings; Teething rings incorporating baby rattles; Electrical weight loss body belt; Orthopaedic belts; Sanitary masks for dust prevention for medical purposes; Sanitary masks for medical wellness purposes
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 10/25/2016 and first used in commerce at least as early as 10/25/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Abdominal pads; Breast pumps; Feeding bottles; Nasal aspirators; Orthopedic belts; Nipples for baby bottles; Orthopedic cushions; Orthopedic supports; Electrical weight loss body belt; Orthopaedic belts; Pacifiers for babies; Sanitary masks for dust prevention for medical purposes; Teething rings; Sanitary masks for medical wellness purposes; Teething rings incorporating baby rattles

Class 010 for Abdominal pads; Breast pumps; Nasal aspirators; Orthopedic belts; Orthopedic cushions; Orthopedic supports; Electrical weight loss body belt; Orthopaedic belts; Sanitary masks for dust prevention for medical purposes; Sanitary masks for medical wellness purposes
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 10/25/2016 and first used in commerce at least as early as 10/25/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 010 .
"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
Specimen File2

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 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, 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 [ European Union Trademark - EUTM application number 016477622 filed 03/17/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

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: /Gan Qingcao/      Date: 07/29/2017
Signatory's Name: GAN QINGCAO
Signatory's Position: President

Response Signature
Signature: /Gan Qingcao/     Date: 07/29/2017
Signatory's Name: GAN QINGCAO
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.

        
Serial Number: 87359242
Internet Transmission Date: Sat Jul 29 06:16:19 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201707290616198
22838-87359242-510de60511fd466f73acd5469
565fd16d97fa69d8a88d4a94cf74d7e8d8d79b1f
14-N/A-N/A-20170729055823897014