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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87493723 CHEETAH(Standard Characters, see http://uspto.report/TM/87493723/mark.png) has been amended as follows:

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

In the Office Action dated May 14, 2020, the Examining Attorney pointed out that, "the specimen depicts a language translator device, however, such a device is not identified in the identification of goods. Moreover, such goods is not encompassed within any of the goods identified in the identification of goods. Thus, the specimen does not show use in connection with any of the goods in Class 009." Applicant respectfully disagrees because the Cheetah translator is a "wireless communications device" as identified in Class 9. Applicant submits more screenshots of the product features from the same product listing that was previously submitted in the statement of use. The Cheetah Smart Voice Instant Voice Translator is a wireless communications device because it has Bluetooth compatibility to connect with other WiFi devices. It is a personal digital assistant because it allows a user to transmit spoken words wirelessly via the Internet to Microsoft Azure Cognitive Services, which enables machine translation and Neural Text-to-Speech capabilities. The translation and voice-text conversions are done remotely on Microsoft's server engines, and the translated speech is then wirelessly transmitted back to the translator and emitted via the Cheetah Smart translator. A user can use this device as a personal digital assistant when travelling internationally and be able to communicate in 42 different languages as long as he has wireless connection to the Internet.

EVIDENCE
Evidence has been attached: screenshots from Applicant's homepage http://www.cmcm.shop/products/cm-translator showing the mark CHEETAH being used in association with a "wireless communications device" as identified in class 9 that U.S. consumers can purchase
Original PDF file:
evi_157131107233-20200514 165637118612_._Cheetah_Ha rdware_Use_Specimen.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Computer operating system programs and utilities; computer hardware and peripherals; computer keyboards; computer mice and wireless computer mice; wireless communications devices, namely, mobile phones, cellular telephones, personal digital assistants, and hand-held computers; computer monitors, printers, scanners, keyboards, disk drives, computer mice, mouse pads, video terminals; hardware for telecommunications for connecting devices via in-home phone and electrical wiring, namely, computer networks hubs, computer servers, set-top boxes, computer switches and computer routers designed to provide in-home voice over internet protocol (VOIP) communications; computer and video game systems devices, namely, electronic sensor devices, cameras, projectors, headphones, and microphones; electronic game equipment, namely, equipment communicating with a television or computer for playing electronic games; electronic visual display units for use with computers; computer software for controlling keyboard input; computer software for designating the assignment and arrangement of letters, numbers, symbols, characters, and marks on a keyboard; text input software for touch-screen devices; mobile software application for predictive and corrective text and character entry; computer software for handwriting input via finger or stylus; computer software for generating, inputting, editing, and displaying fonts, typefaces, type designs and symbols; computer software for wireless telecommunications for use with wireless devices; computer software for allowing communication and interaction with phones, mobile devices, televisions, video game consoles, media players, computers, digital media hubs, and audiovisual devices; operating systems software for use in playing electronic games
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.

In International Class 009, the mark was first used at least as early as 04/01/2020 and first used in commerce at least as early as 04/01/2020.


Proposed:
Class 009 for Computer operating system programs and utilities; computer hardware and peripherals; computer keyboards; computer mice and wireless computer mice; wireless communications devices, namely, mobile phones, cellular telephones, personal digital assistants, and hand-held computers; computer monitors, printers, scanners, keyboards, disk drives, computer mice, mouse pads, video terminals; hardware for telecommunications for connecting devices via in-home phone and electrical wiring, namely, computer networks hubs, computer servers, set-top boxes, computer switches and computer routers designed to provide in-home voice over internet protocol (VOIP) communications; computer and video game systems devices, namely, electronic sensor devices, cameras, projectors, headphones, and microphones; electronic game equipment, namely, equipment communicating with a television or computer for playing electronic games; electronic visual display units for use with computers; computer software for controlling keyboard input; computer software for designating the assignment and arrangement of letters, numbers, symbols, characters, and marks on a keyboard; text input software for touch-screen devices; mobile software application for predictive and corrective text and character entry; computer software for handwriting input via finger or stylus; computer software for generating, inputting, editing, and displaying fonts, typefaces, type designs and symbols; computer software for wireless telecommunications for use with wireless devices; computer software for allowing communication and interaction with phones, mobile devices, televisions, video game consoles, media players, computers, digital media hubs, and audiovisual devices; operating systems software for use in playing electronic games

Deleted Filing Basis: 1(b)
In International Class 009, the mark was first used at least as early as 04/01/2020 . and first used in commerce at least as early as 04/01/2020 .

Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of screenshots from Applicant?s homepage http://www.cmcm.shop/products/cm-translator showing the mark CHEETAH being used in association with a ?wireless communications device? as identified in class 9 that U.S. consumers can purchase.
"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].
Original PDF file:
SPU0-157131107233-2020051 4165637118612_._Cheetah_H ardware_Use_Specimen.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2
Correspondence Information (current):
      Jie (Lisa) Li
      PRIMARY EMAIL FOR CORRESPONDENCE: lil@gtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gtipmail@gtlaw.com; lanej@gtlaw.com; zuluetai@gtlaw.com

The docket/reference number is 169666010177.
Correspondence Information (proposed):
      Jie (Lisa) Li
      PRIMARY EMAIL FOR CORRESPONDENCE: lil@gtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gtipmail@gtlaw.com; lanej@gtlaw.com; zuluetai@gtlaw.com

The docket/reference number is 169666010177.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Jie Li/      Date: 05/14/2020
Signatory's Name: Jie (Lisa) Li
Signatory's Position: Attorney of Record, CA 260474
Signatory's Phone Number: 4156551255


Response Signature
Signature: /Jie Li/     Date: 05/14/2020
Signatory's Name: Jie (Lisa) Li
Signatory's Position: Attorney of Record, CA bar

Signatory's Phone Number: 4156551255

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Jie (Lisa) Li
   GREENBERG TRAURIG, LLP
   
   4 EMBARCADERO CTR, STE. 3000
   SAN FRANCISCO, California 94111
Mailing Address:    Jie (Lisa) Li
   GREENBERG TRAURIG, LLP
   4 EMBARCADERO CTR, STE. 3000
   SAN FRANCISCO, California 94111
        
Serial Number: 87493723
Internet Transmission Date: Thu May 14 17:39:54 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200514173954
179045-87493723-710326150986865c6f94e668
be88be2dbe797c5a70c47be82258f73155c57f57
-N/A-N/A-20200514165637118612