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. 88007010 CLAIRRE(Standard Characters, see http://uspto.report/TM/88007010/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 010 for Body rehabilitation apparatus for medical purposes; Cosmetic apparatus using ultrasound for performing aesthetic skin treatment procedures; Dental intra-oral cameras; Ear plugs for medical purposes; Electric acupuncture instruments; Fever thermometers; Fumigation apparatus for medical purposes; Gloves for massage; Gloves for medical purposes; Hearing aids for the deaf; Ice bags for medical purposes; Lasers for medical purposes; Lasers for the cosmetic treatment of the face, skin, hair follicles; Massage apparatus; Massage apparatus; Microdermabrasion apparatus; Motorized equine dentistry tool and parts thereof; Sphygmomanometers; Surgical apparatus and instruments for medical, dental or veterinary use; Ultrasonic therapy machines and apparatus; Ultraviolet lamps for medical purposes; Vibromassage apparatus; Massage apparatus and instruments; Massage apparatus for massaging necks and backs, feet; Mirrors for dentists
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 05/05/2018 and first used in commerce at least as early as 05/05/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Body rehabilitation apparatus for medical purposes; Ear plugs for medical purposes; Cosmetic apparatus using ultrasound for performing aesthetic skin treatment procedures; Hearing aids for the deaf; Dental intra-oral cameras; Gloves for massage; Gloves for medical purposes; Electric acupuncture instruments; Massage apparatus; Fever thermometers; Massage apparatus; Fumigation apparatus for medical purposes; Microdermabrasion apparatus; Vibromassage apparatus; Massage apparatus and instruments; Massage apparatus for massaging necks and backs, feet; Ice bags for medical purposes; Lasers for medical purposes; Lasers for the cosmetic treatment of the face, skin, hair follicles; Motorized equine dentistry tool and parts thereof; Sphygmomanometers; Surgical apparatus and instruments for medical, dental or veterinary use; Ultrasonic therapy machines and apparatus; Ultraviolet lamps for medical purposes; Mirrors for dentistsClass 010 for Ear plugs for medical purposes; Hearing aids for the deaf;Gloves for massage; Gloves for medical purposes; Massage apparatus; Massage apparatus; Microdermabrasion apparatus; Vibromassage apparatus; Massage apparatus and instruments; Massage apparatus for massaging necks and backs, feet;Ice bags for medical purposes
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 05/05/2018 and first used in commerce at least as early as 05/05/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 010 .
"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
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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: /Wen Wei/      Date: 09/29/2018
Signatory's Name: Wen Wei
Signatory's Position: OWNER

Response Signature
Signature: /Wen Wei/     Date: 09/29/2018
Signatory's Name: Wen Wei
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: 88007010
Internet Transmission Date: Sat Sep 29 06:03:45 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201809290603459
93745-88007010-6106ae9e628fbe30ca656ea27
7f9ce1db5b6dd24bdbfb22dd6898c8be5471d3c-
N/A-N/A-20180929054900766966