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. 87681611 TI (Stylized and/or with Design, see http://uspto.report/TM/87681611/mark.png) has been amended as follows:

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

This is a response to the Office Action issued on 03/01/2018 against the applied-for mark TI (No.87681611) because of a likelihood of confusion with the mark in U.S. Application Ti artisan (No. 87674501). By detailed comparison, the marks are found to be completely different and there is little possibility to cause any confusion among consumers. Firstly, the two look different totally in the appearance, because Ti artisan, which contains two words, is much longer than TI, which is only one word. Besides, TI is in stylized format with obvious logo which is easy to distinguish, while Ti artisan is in standard format. Moreover, the two have different pronunciation, where Ti artisan is polysyllabic and TI is monosyllabic. Last but not least, the two have different goods, Ti artisan aims to sell pots or kettles while my TI is mainly used for Drink utensils. As is stated above, the applied-for mark TI is different from the applied mark Ti artisan and is not likely to cause any confusion among customers. Thus, the USPTO should consider the registration of the applied-for trade mark TI(No.87681611). This is a response to the Office Action issued on 03/01/2018 for Section 2(e)(1) Refusal - Merely Descriptive, TI is not the abbreviation of the chemical symbol for the element Titanium from my initial intention which is only a coincidence, and my goods composed of titanium in a little part in a normal healthy standard.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Beer glasses; Beer jugs; Beer mugs; Bottle gourds; Bottle openers; Bottle squeegees; Bottle stands; Coffee mugs; Coffee servers; Cooking forks; Cooking funnels; Cooking graters; Cooking pots; Cooking skewers; Cooking spoons; Cooking strainers; Cups; Drinking flasks; Drinking flasks; Drinking glasses; Drinking glasses, namely, tumblers; Drinking horns; Drinking steins; Drinking straw dispensers; Drinking straw holders; Drinking straws; Drinking straws of glass; Drinking troughs; Drinking troughs for animals; Drinking troughs for livestock; Drinking vessels; Heat-insulated containers for beverages; Heat-insulated containers for household use; Heat-insulated vessels; Jugs; Mugs; Stew-pans; Vacuum bottles; Drinking bottles for sports; Empty spray bottles; Perfume bottles sold empty; Sake serving bottles (tokkuri); Straws for drinking; Vacuum bottles; Wooden cooking spoons
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 08/10/2017 and first used in commerce at least as early as 08/10/2017 , and is now in use in such commerce.

Proposed: Class 021 for Beer glasses; Beer jugs; Beer mugs; Bottle gourds; Bottle openers; Bottle squeegees; Bottle stands; Coffee mugs; Coffee servers; Cooking forks; Cooking funnels; Cooking graters; Cooking pots; Cooking skewers; Cooking spoons; Cooking strainers; Cups; Drinking flasks; Drinking flasks; Drinking glasses; Drinking glasses, namely, tumblers; Drinking horns; Drinking steins; Drinking straw dispensers; Drinking straw holders; Drinking straws; Drinking straws of glass; Drinking troughs; Drinking troughs for animals; Drinking troughs for livestock; Drinking vessels; Heat-insulated containers for beverages; Heat-insulated containers for household use; Heat-insulated vessels; Jugs; Mugs; Stew-pans; Vacuum bottles; Drinking bottles for sports; Empty spray bottles; Perfume bottles sold empty; Sake serving bottles (tokkuri); Straws for drinking; Vacuum bottles; Wooden cooking spoons
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 08/10/2017 and first used in commerce at least as early as 08/10/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021 . The specimen(s) submitted consists of a shaded square inside of which appear the stylized letters ?TI?. .
"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
Specimen File3

ADDITIONAL STATEMENTS
Translation
The wording TI has no meaning in a foreign language.


Transliterations
The non-Latin characters in the mark transliterate to TI and this has no meaning in a foreign language.


Significance of wording, letter(s), or numeral(s)
The word(s) TI has no meaning in a foreign language.


Miscellaneous Statement
(1)        applicant's goods are sold in retail.   (2)        Copies of invoices, bills of sale, or other documentation of sales of the goods.Please see the evidence.   (3)        The specimen wasn't created for submission with this application.   (4)       The specimen shows applicant's product as it is currently being sold to consumers.   (5)      Sold in another type of sales environment, provide photos and/or documentation showing the goods for sale in that environment. Please see the evidence. http://www.amazon.com/dp/B077938MF3


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: /LI WENJING/      Date: 03/05/2018
Signatory's Name: LI WENJING
Signatory's Position: Officer

Response Signature
Signature: /LI WENJING/     Date: 03/05/2018
Signatory's Name: LI WENJING
Signatory's Position: Officer

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: 87681611
Internet Transmission Date: Mon Mar 05 01:25:35 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201803050125353
26363-87681611-5101f5e5aa9e758c2e4efea2f
47d1dc5cae10e564446fa1f715337fb67bcf3dcb
6-N/A-N/A-20180305005623044688