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. 88012602 SMART(Standard Characters, see http://uspto.report/TM/88012602/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 Acupuncture needles
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 03/12/2013 and first used in commerce at least as early as 07/16/2013 , and is now in use in such commerce.

Proposed: Class 010 for Acupuncture needles
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 03/12/2013 and first used in commerce at least as early as 07/16/2013 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 010 . The specimen(s) submitted consists of SPECIMEN DESCRIPTION Digitally photographed containers that show the mark on the goods or packaging. *1.jpg: Various Smart-branded needle boxes. "NA-1840" product variation label with redacted shipment lot number and expiration date on the Smart K box at the right side of the image proves the image is not a mockup; the boxes were taken directly from warehouse stock. *2. jpg: Feature image of Smart branding on the back of needle packaging. "0214076" unique identifier code from the manufacturing process proves the image is not a mockup; its contents were taken directly from warehouse stock. *3.jpg: Various Smart-branded needle boxes of unopened, damaged, and open condition. Single needle package with packaged needles taken from open Smart K box proves the image is not a mockup; its contents were taken directly from warehouse stock. Slightly damaged Smart K box with broken plastic adhesive seal proves the image is not a mockup; its contents were physically handled. *4.jpg: Closeup of back of Smart-branded needle packaging. "1803001" unique identifier code from the manufacturing process proves the image is not a mockup; its contents were taken directly from warehouse stock. *5.pdf: Customer Invoice for documentation of sales of the goods as requested below (2). *6.jpg: Full-page screenshot of the company e-commerce website homepage. *7.jpg: Full-page screenshot of the company e-commerce website "Acupuncture Needles" category product listing page. *8.jpg: Full-page screenshot of the company e-commerce website Smart-branded product page. RESPONSE TO REQUEST FOR INFORMATION (1) "How are applicant?s goods sold Specify the retail, wholesale, or other sales environment in which the goods are sold." > Smart-branded acupuncture needles are sold to licensed practitioners of acupuncture as determined by the States through in-person wholesale transactions at the physical warehouse and digital wholesale transactions on the company e-commerce website. (2) "Please provide copies of invoices, bills of sale, or other documentation of sales of the goods." > A Customer Invoice is attached as *5.pdf. (3) "Was the specimen created for submission with this application " > Yes, the images were created for submission with this application. (4) "Does the specimen show applicant?s product as it is currently being sold to consumers " > Yes, the contents of the attached images are in precisely the same state as sold to consumers. (5) "How do applicant?s goods appear in the actual sales environment If sold in stores, provide photos showing the goods for sale in the stores. If sold online, identify the websites and provide copies of the webpages showing the goods for sale. And if sold in another type of sales environment, provide photos and/or documentation showing the goods for sale in that environment." > Smart-branded needles are available only to licensed practitioners of acupuncture as determined by the States and are not available for retail sales in a storefront. The product is handed to wholesale customers directly from the warehouse packaged as depicted by *1.jpg, *2.jpg, *3.jpg, and *4.jpg. For digital wholesale transactions on http://caicorporation.com, *6.jpg, *7.jpg, and *8.jpg show the Smart-branded products as they appear on the company e-commerce website. (6) "If the information in question (5) about how the goods appear in the actual sales environment is not available to applicant, then please describe how applicant?s goods are transported for sale and provide photos and other documentation showing how applicant?s mark appears on the goods and/or its packaging when the goods are being transported for sale." > Products are handed directly to customers for in-person transactions. Products are shipped through UPS, FedEx, or USPS for online transactions. The "Smart" mark appears on products as shown in *1.jpg, *2.jpg, *3.jpg, and *4.jpg. .
"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].
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Original PDF file:
SPU0-216165253156-20190318172619497290_._5.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

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: /Lu Rao/      Date: 03/18/2019
Signatory's Name: Lu Rao
Signatory's Position: Manager

Response Signature
Signature: /Lu Rao/     Date: 03/18/2019
Signatory's Name: Lu Rao
Signatory's Position: Manager

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: 88012602
Internet Transmission Date: Mon Mar 18 19:00:30 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190318190030
285370-88012602-6203c9966af11558087abc76
f78d5823bf2ca66a56608a88e913bd4739d6f4e4
4c-N/A-N/A-20190318172619497290