TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87785137 PORTZON(Standard Characters, see http://uspto.report/TM/87785137/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 014 for Bangles; Beads for making jewelry; Boxes for timepieces; Clasps for jewelry; Clock hands; Clocks; Cuff links; Diamonds; Earrings; Figurines of precious metal; Jewellery; Jewellery chains; Jewellery charms; Jewellery of yellow amber; Jewelry; Jewelry findings, namely, cloisonne handicrafts; Jewelry pins for use on hats; Jewelry boxes; Jewelry charms; Jewelry of yellow amber; Key chains of precious metal; Key rings; Key rings of precious metals; Lockets; Ornamental lapel pins; Pendants; Precious metal alloys; Precious stones; Silver; Statues of precious metal; Synthetic diamonds; Tie clips; Tie pins; Watch bands; Watch cases being parts of watches; Watch chains; Watch pouches; Watches; Works of art of precious metal; Wristwatches; Alarm clocks; Amulets; Beads for making jewellery; Bracelets; Brooches; Cases being parts of watches and clocks; Chronographs as watches; Clasps for jewellery; Clocks and watches, electric; Collectible coins; Commemorative coins; Costume jewelry; Desk clocks; Gold thread jewelry; Hat jewellery; Hat jewelry; Metal key rings; Metal wire for use in the making of jewelry, namely, jewelry cable; Movements for clocks and watches; Necklaces; Ornaments of precious metal in the nature of jewelry; Paste jewellery; Pearls; Pins being jewelry; Rings; Shoe jewellery; Shoe jewelry; Silver thread jewelry; Straps for wristwatches
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 12/02/2017 and first used in commerce at least as early as 12/02/2017 , and is now in use in such commerce.

Proposed: Class 014 for Bangles; Beads for making jewelry; Boxes for timepieces; Clasps for jewelry; Clock hands; Clocks; Cuff links; Diamonds; Earrings; Figurines of precious metal; Jewellery; Jewellery chains; Jewellery charms; Jewellery of yellow amber; Jewelry; Jewelry findings, namely, cloisonne handicrafts; Jewelry pins for use on hats; Jewelry boxes; Jewelry charms; Jewelry of yellow amber; Key chains of precious metal; Key rings; Key rings of precious metals; Lockets; Ornamental lapel pins; Pendants; Precious metal alloys; Precious stones; Silver; Statues of precious metal; Synthetic diamonds; Tie clips; Tie pins; Watch bands; Watch cases being parts of watches; Watch chains; Watch pouches; Watches; Works of art of precious metal; Wristwatches; Alarm clocks; Amulets; Beads for making jewellery; Bracelets; Brooches; Cases being parts of watches and clocks; Chronographs as watches; Clasps for jewellery; Clocks and watches, electric; Collectible coins; Commemorative coins; Costume jewelry; Desk clocks; Gold thread jewelry; Hat jewellery; Hat jewelry; Metal key rings; Metal wire for use in the making of jewelry, namely, jewelry cable; Movements for clocks and watches; Necklaces; Ornaments of precious metal in the nature of jewelry; Paste jewellery; Pearls; Pins being jewelry; Rings; Shoe jewellery; Shoe jewelry; Silver thread jewelry; Straps for wristwatches
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 12/02/2017 and first used in commerce at least as early as 12/02/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 014 . The specimen(s) submitted consists of Specimens show that the goods can be added to car and purchased and the product of applicant as it is currently being sold to consumers. .
"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
Miscellaneous Statement
Specimen was not created for submission with this application.We sale our products online and the website which can show we actually use the mark in commerce is http://www.amazon.com/Portzon-Bangle-European-Charm-Bracelet/dp/B07L6G7MVX/ref=sr_1_5?ie=UTF8&qid=1545362773&sr=8-5&keywords=PORTZON


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: /Shi Xinfeng/      Date: 12/21/2018
Signatory's Name: /Shi Xinfeng/
Signatory's Position: Owner
Signatory's Phone Number: +86-02081534108


Request for Reconsideration Signature
Signature: /Shi Xinfeng/     Date: 12/21/2018
Signatory's Name: /Shi Xinfeng/
Signatory's Position: Owner

Signatory's Phone Number: +86-02081534108

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 87785137
Internet Transmission Date: Thu Dec 20 22:37:53 EST 2018
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-201812202237532
70380-87785137-620d85cbb9fe96dfc58f4809f
b1b3c9a8050542a4cf65ce931d446df8792aa8c3
-N/A-N/A-20181220223337303338