Response to Office Action

AEMICION

Chun Yang

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87406345
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK http://uspto.report/TM/87406345/mark.png
LITERAL ELEMENT AEMICION
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 018
DESCRIPTION
Animal leashes; Animal skins and hides; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Billfolds; Briefbags; Briefcases; Canes; Card wallets; Carrying cases; Cattle skins; Coin purses; Collars for animals; Dog leashes; Fitted protective covers for handbags, briefcases, valises, suitcases, and briefcase-like portfolios; General purpose sport trolley bags; Key bags; Key wallets; Leather bags, suitcases and wallets; Leather briefcases; Leather leashes; Leather straps; Mountaineering sticks; Pelts; Pet clothing; Shoulder bags; Travel bags; Travel cases; Umbrellas and parasols; Wallets; Wristlet bags
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/12/2013
        FIRST USE IN COMMERCE DATE At least as early as 11/20/2014
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 018
DESCRIPTION
Animal leashes; Animal skins and hides; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Billfolds; Briefbags; Briefcases; Canes; Card wallets; Carrying cases; Cattle skins; Coin purses; Collars for animals; Dog leashes; Fitted protective covers for handbags, briefcases, valises, suitcases, and briefcase-like portfolios; General purpose sport trolley bags; Key bags; Key wallets; Leather bags, suitcases and wallets; Leather briefcases; Leather leashes; Leather straps; Mountaineering sticks; Pelts; Pet clothing; Shoulder bags; Travel bags; Travel cases; Umbrellas and parasols; Wallets; Wristlet bags
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/12/2013
       FIRST USE IN COMMERCE DATE At least as early as 11/20/2014
       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\874\063\87406345\xml6\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\874\063\87406345\xml6\ ROA0003.JPG
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT (1) Applicant must specifically state for the record whether the goods shown in the specimen submissions actually bear the proposed mark on the hangtag as shown when sold in U.S. commerce. Yes. (2) Please provide copies of invoices, bills of sale, or other documentation of sales of the goods. See the attached. (3) Applicant must specifically state whether the specimens show the applicant's product as it is currently being sold to consumers in U.S. commerce. Yes. (4) Applicant must state whether it is aware of the attached pending U.S. Trademark Application Serial Nos. 87332912 (FACAILU), 87344898 (SUMERK) or 87332964 (COLLSANTS) which both contain product that are identical to the product specimen submitted with this application, and which are both filed by different third parties. See attached. Yes. all these trademarks are ours.We want to enlarge our selling and protect our brand,so we applied some different trademarks with different applicants. (5) If Applicant answered in the affirmative to the previous question, please explain in detail the nature and extent of this awareness, including any connection between Applicant and the other third-party applicants. All applicants are working at the same company, running same company for selling on line. (6) If the identified goods bearing the mark are sold in stores, Applicant must provide photos showing the goods in store locations. If these goods are sold in another type of sales environment, Applicant must provide evidence showing the goods for sale in that environment. If these goods are available for sale online, Applicant must provide images of websites showing the goods for sale. See the link: http://badboymart.com/brand.php?id=146 (7) If the information in question (6) about how the goods appear in the actual sales environment is not available to applicant, then please describe how applicant's goods are transported for sale and provide photos and other documentation showing how applicant's mark appears on the goods and/or its packaging when the goods are being transported for sale.
       MISCELLANEOUS
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\874\063\87406345\xml6\ ROA0004.JPG
SIGNATURE SECTION
DECLARATION SIGNATURE /Chun Yang/
SIGNATORY'S NAME /Chun Yang/
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 00864006044664
DATE SIGNED 08/20/2017
RESPONSE SIGNATURE /Chun Yang/
SIGNATORY'S NAME /Chun Yang/
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 00864006044664
DATE SIGNED 08/20/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sat Aug 19 12:23:33 EDT 2017
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20170819122333230620-874
06345-510f5a7641b777b8687
785ae3e652c2eca8b9f155395
898eace31fc954dc8dac45-N/
A-N/A-2017081912192344866
7



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. 87406345 AEMICION(Standard Characters, see http://uspto.report/TM/87406345/mark.png) 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 018 for Animal leashes; Animal skins and hides; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Billfolds; Briefbags; Briefcases; Canes; Card wallets; Carrying cases; Cattle skins; Coin purses; Collars for animals; Dog leashes; Fitted protective covers for handbags, briefcases, valises, suitcases, and briefcase-like portfolios; General purpose sport trolley bags; Key bags; Key wallets; Leather bags, suitcases and wallets; Leather briefcases; Leather leashes; Leather straps; Mountaineering sticks; Pelts; Pet clothing; Shoulder bags; Travel bags; Travel cases; Umbrellas and parasols; Wallets; Wristlet bags
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 10/12/2013 and first used in commerce at least as early as 11/20/2014 , and is now in use in such commerce.

Proposed: Class 018 for Animal leashes; Animal skins and hides; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Billfolds; Briefbags; Briefcases; Canes; Card wallets; Carrying cases; Cattle skins; Coin purses; Collars for animals; Dog leashes; Fitted protective covers for handbags, briefcases, valises, suitcases, and briefcase-like portfolios; General purpose sport trolley bags; Key bags; Key wallets; Leather bags, suitcases and wallets; Leather briefcases; Leather leashes; Leather straps; Mountaineering sticks; Pelts; Pet clothing; Shoulder bags; Travel bags; Travel cases; Umbrellas and parasols; Wallets; Wristlet bags
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 10/12/2013 and first used in commerce at least as early as 11/20/2014 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 018 .
"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

ADDITIONAL STATEMENTS
Miscellaneous Statement
(1) Applicant must specifically state for the record whether the goods shown in the specimen submissions actually bear the proposed mark on the hangtag as shown when sold in U.S. commerce. Yes. (2) Please provide copies of invoices, bills of sale, or other documentation of sales of the goods. See the attached. (3) Applicant must specifically state whether the specimens show the applicant's product as it is currently being sold to consumers in U.S. commerce. Yes. (4) Applicant must state whether it is aware of the attached pending U.S. Trademark Application Serial Nos. 87332912 (FACAILU), 87344898 (SUMERK) or 87332964 (COLLSANTS) which both contain product that are identical to the product specimen submitted with this application, and which are both filed by different third parties. See attached. Yes. all these trademarks are ours.We want to enlarge our selling and protect our brand,so we applied some different trademarks with different applicants. (5) If Applicant answered in the affirmative to the previous question, please explain in detail the nature and extent of this awareness, including any connection between Applicant and the other third-party applicants. All applicants are working at the same company, running same company for selling on line. (6) If the identified goods bearing the mark are sold in stores, Applicant must provide photos showing the goods in store locations. If these goods are sold in another type of sales environment, Applicant must provide evidence showing the goods for sale in that environment. If these goods are available for sale online, Applicant must provide images of websites showing the goods for sale. See the link: http://badboymart.com/brand.php?id=146 (7) If the information in question (6) about how the goods appear in the actual sales environment is not available to applicant, then please describe how applicant's goods are transported for sale and provide photos and other documentation showing how applicant's mark appears on the goods and/or its packaging when the goods are being transported for sale.
Miscellaneous File1

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: /Chun Yang/      Date: 08/20/2017
Signatory's Name: /Chun Yang/
Signatory's Position: Owner
Signatory's Phone Number: 00864006044664


Response Signature
Signature: /Chun Yang/     Date: 08/20/2017
Signatory's Name: /Chun Yang/
Signatory's Position: Owner

Signatory's Phone Number: 00864006044664

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: 87406345
Internet Transmission Date: Sat Aug 19 12:23:33 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20170819122333
230620-87406345-510f5a7641b777b8687785ae
3e652c2eca8b9f155395898eace31fc954dc8dac
45-N/A-N/A-20170819121923448667


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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