Response to Office Action

Q&Z COSMETIC TOOLS

Zheng Xu

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87618491
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION (current)
MARK FILE NAME http://uspto.report/TM/87618491/mark.png
LITERAL ELEMENT Q&Z COSMETIC TOOLS
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The logo are the letters Q&Z, with the "&" being smaller than the "Q" and "Z". Under the letter "Z" and part of the "&", is the sentence "COSMETIC TOOLS". The "tail" of the Q letter has to be next to that sentence. All that fitted in a square.
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT17\IMAGEOUT 17\876\184\87618491\xml5\ ROA0002.JPG
LITERAL ELEMENT Q&Z
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK NO
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The mark consist on a sequence of the letters 'Q&Z' which is written in black on a white background. The font of the letters 'Q' and 'Z' are the same but the letter '&' is smaller. All the letters are surrounded by a black rectangular frame.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 570 x 768
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\876\184\87618491\xml5\ ROA0003.JPG
DESCRIPTION OF EVIDENCE FILE The mark consist on the set of letters 'Q&Z' in black on a white background, surrounded by a black rectangle. The letters 'Q' and 'Z' have the same font size, with smaller letter '&' in the middle.
ADDITIONAL STATEMENTS SECTION
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
SIGNATURE SECTION
DECLARATION SIGNATURE /XU ZHENG/
SIGNATORY'S NAME XU ZHENG
SIGNATORY'S POSITION OWNER
DATE SIGNED 06/25/2018
RESPONSE SIGNATURE /XU ZHENG/
SIGNATORY'S NAME XU ZHENG
SIGNATORY'S POSITION OWNER
DATE SIGNED 06/25/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 25 11:04:34 EDT 2018
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0180625110434752573-87618
491-61049c743adcea235387c
95658fcec8b1c8bcff432ac6a
b99123f94f7beb768324-N/A-
N/A-20180625103220605396



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. 87618491 Q&Z COSMETIC TOOLS (Stylized and/or with Design, see http://uspto.report/TM/87618491/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: Q&Z COSMETIC TOOLS (Stylized and/or with Design, see http://uspto.report/TM/87618491/mark.png)
Proposed: Q&Z (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of The mark consist on a sequence of the letters 'Q&Z' which is written in black on a white background. The font of the letters 'Q' and 'Z' are the same but the letter '&' is smaller. All the letters are surrounded by a black rectangular frame.

EVIDENCE
Evidence in the nature of The mark consist on the set of letters 'Q&Z' in black on a white background, surrounded by a black rectangle. The letters 'Q' and 'Z' have the same font size, with smaller letter '&' in the middle. has been attached. Evidence-1

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


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: /XU ZHENG/      Date: 06/25/2018
Signatory's Name: XU ZHENG
Signatory's Position: OWNER

Response Signature
Signature: /XU ZHENG/     Date: 06/25/2018
Signatory's Name: XU ZHENG
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: 87618491
Internet Transmission Date: Mon Jun 25 11:04:34 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018062511043475
2573-87618491-61049c743adcea235387c95658
fcec8b1c8bcff432ac6ab99123f94f7beb768324
-N/A-N/A-20180625103220605396


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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