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)

---

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. 87502282 TENKER(Standard Characters, see http://uspto.report/TM/87502282/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 009 for (Based on Use in Commerce) Battery chargers; Camera cases; Camera handles; Camera hoods; Camera lens adapters; Camera lens mounts; Camera straps; Camera tripods; Cameras; Digital photo frames; Electronic book reader; Electronic book reader covers; Portable media players; Power adapters; Power adapters for computers; Power connectors; Power controllers; Power strips; Power supplies; Power wires; Slide projectors; Speaker microphones; Stands adapted for mobile phones; Cell phone battery chargers; Cell phone covers; Cell phone straps; Ear phones; Electric power converters; Electric sockets; Electrical plugs and sockets; Hands-free kits for phones; Head-clip cell phone holders; Loud speakers; Mobile phone straps; Photographic cameras; Plastic case used as a security device for protecting and securing DVDs and other magnetic and electronic media from theft; Smart watches; Smartwatch straps; Specialty holsters adapted for carrying personal electronic devices, namely, Mobile phone loud speaker tablet Electronic book reader; Straps for mobile phones; Wireless cellular phone headsets(Based on 44(d) Priority Application) Battery chargers; Camera cases; Camera handles; Camera hoods; Camera lens adapters; Camera lens mounts; Camera straps; Camera tripods; Cameras; Digital photo frames; Electronic book reader; Electronic book reader covers; Portable media players; Power adapters; Power adapters for computers; Power connectors; Power controllers; Power strips; Power supplies; Power wires; Slide projectors; Speaker microphones; Stands adapted for mobile phones; Cell phone battery chargers; Cell phone covers; Cell phone straps; Ear phones; Electric power converters; Electric sockets; Electrical plugs and sockets; Hands-free kits for phones; Head-clip cell phone holders; Loud speakers; Mobile phone straps; Photographic cameras; Plastic case used as a security device for protecting and securing DVDs and other magnetic and electronic media from theft; Smart watches; Smartwatch straps; Specialty holsters adapted for carrying personal electronic devices, namely, Mobile phone loud speaker tablet Electronic book reader; Straps for mobile phones; Wireless cellular phone headsets(Based on 44(e)) Battery chargers; Camera cases; Camera handles; Camera hoods; Camera lens adapters; Camera lens mounts; Camera straps; Camera tripods; Cameras; Digital photo frames; Electronic book reader; Electronic book reader covers; Portable media players; Power adapters; Power adapters for computers; Power connectors; Power controllers; Power strips; Power supplies; Power wires; Slide projectors; Speaker microphones; Stands adapted for mobile phones; Cell phone battery chargers; Cell phone covers; Cell phone straps; Ear phones; Electric power converters; Electric sockets; Electrical plugs and sockets; Hands-free kits for phones; Head-clip cell phone holders; Loud speakers; Mobile phone straps; Photographic cameras; Plastic case used as a security device for protecting and securing DVDs and other magnetic and electronic media from theft; Smart watches; Smartwatch straps; Specialty holsters adapted for carrying personal electronic devices, namely, Mobile phone loud speaker tablet Electronic book reader; Straps for mobile phones; Wireless cellular phone headsets
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 04/01/2015 and first used in commerce at least as early as 05/20/2015 , and is now in use in such commerce.

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 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[ United Kingdom application number UK0000322332 filed 04/06/2017]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 015168362 registered 03/01/2016 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: (Based on Use in Commerce) Battery chargers; Camera cases; Camera handles; Camera hoods; Camera lens adapters; Camera lens mounts; Camera straps; Camera tripods; Cameras; Digital photo frames; Electronic book reader; Electronic book reader covers; Portable media players; Power adapters; Power adapters for computers; Power connectors; Power controllers; Power strips; Power supplies; Power wires; Slide projectors; Speaker microphones; Stands adapted for mobile phones; Cell phone battery chargers; Cell phone covers; Cell phone straps; Ear phones; Electric power converters; Electric sockets; Electrical plugs and sockets; Hands-free kits for phones; Head-clip cell phone holders; Loud speakers; Mobile phone straps; Photographic cameras; Plastic case used as a security device for protecting and securing DVDs and other magnetic and electronic media from theft; Smart watches; Smartwatch straps; Specialty holsters adapted for carrying personal electronic devices, namely, Mobile phone?loud speaker?tablet?Electronic book reader; Specialty holsters adapted for carrying personal electronic devices, namely, Mobile phone?loud speaker?tablet computers?Electronic book reader; Straps for mobile phones; Wireless cellular phone headsets(Based on 44(d) Priority Application) Battery chargers; Wireless cellular phone headsets; Camera cases; Camera handles; Camera hoods; Camera lens adapters; Camera lens mounts; Camera straps; Camera tripods; Cameras; Digital photo frames; Electronic book reader; Electronic book reader covers; Portable media players; Power adapters; Power adapters for computers; Power connectors; Power controllers; Power strips; Power supplies; Power wires; Slide projectors; Speaker microphones; Stands adapted for mobile phones; Cell phone battery chargers; Cell phone covers; Cell phone straps; Ear phones; Electric power converters; Electric sockets; Electrical plugs and sockets; Hands-free kits for phones; Head-clip cell phone holders; Loud speakers; Mobile phone straps; Photographic cameras; Plastic case used as a security device for protecting and securing DVDs and other magnetic and electronic media from theft; Smart watches; Smartwatch straps; Specialty holsters adapted for carrying personal electronic devices, namely, Mobile phone?loud speaker?tablet?Electronic book reader; Straps for mobile phones; Wireless cellular phone headsets(Based on 44(e)) Battery chargers; Camera cases; Camera handles; Camera hoods; Camera lens adapters; Camera lens mounts; Camera straps; Camera tripods; Cameras; Digital photo frames; Electronic book reader; Electronic book reader covers; Portable media players; Power adapters; Power adapters for computers; Power connectors; Power controllers; Power strips; Power supplies; Power wires; Slide projectors; Speaker microphones; Stands adapted for mobile phones; Cell phone battery chargers; Cell phone covers; Cell phone straps; Ear phones; Electric power converters; Electric sockets; Electrical plugs and sockets; Hands-free kits for phones; Head-clip cell phone holders; Loud speakers; Mobile phone straps; Photographic cameras; Plastic case used as a security device for protecting and securing DVDs and other magnetic and electronic media from theft; Smart watches; Smartwatch straps; Specialty holsters adapted for carrying personal electronic devices, namely, Mobile phone?loud speaker?tablet?Electronic book reader; Straps for mobile phonesClass 009 for (Based on Use in Commerce) Battery chargers; Camera cases; Camera handles; Camera hoods; Camera lens adapters; Camera lens mounts; Camera straps; Camera tripods; Cameras; Digital photo frames; Electronic book reader; Electronic book reader covers; Portable media players; Power adapters; Power adapters for computers; Power connectors; Power controllers; Power strips; Power supplies; Power wires; Slide projectors; Speaker microphones; Stands adapted for mobile phones; Cell phone battery chargers; Cell phone covers; Cell phone straps; Ear phones; Electric power converters; Electric sockets; Electrical plugs and sockets; Hands-free kits for phones; Head-clip cell phone holders; Loud speakers; Mobile phone straps; Photographic cameras; Plastic case used as a security device for protecting and securing DVDs and other magnetic and electronic media from theft; Smart watches; Smartwatch straps; Specialty holsters adapted for carrying personal electronic devices, namely, Mobile phone loud speaker tablet computers Electronic book reader; Straps for mobile phones; Wireless cellular phone headsets
Deleted Filing Basis: 44(d); and 44(e).
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 04/01/2015 and first used in commerce at least as early as 05/20/2015 , 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 Portable media players .
"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

ADDITIONAL STATEMENTS
Stippling for shading
The stippling is for shading purposes only.


Translation
The English translation of Tenker in the mark is THINKER.


Miscellaneous Statement
Applicant has deleted the Section 44(d) basis and the Section 44(e) basis.


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: 03/24/2018
Signatory's Name: Gan Qingcao
Signatory's Position: president

Response Signature
Signature: /Gan Qingcao /     Date: 03/24/2018
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: 87502282
Internet Transmission Date: Sat Mar 24 03:30:06 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20180324033006
523691-87502282-5108097c1468f398d0b999a2
5b2ee78343bd31e3a387f66e58342d3be6fcd3-N
/A-N/A-20180324030231562305