Response to Office Action

AVEN

Shenzhen Mijia Investment Co.,Ltd.

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 88063891
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://uspto.report/TM/88063891/mark.png
LITERAL ELEMENT AVEN
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Baby monitors; Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; Batteries; Battery chargers; Battery chargers for use with telephones; Cameras; Carrying cases for cell phones; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, cell phones; Cases for smartphones; Cell phone backplates; Cell phone straps; Chargers for batteries; Computer application software for smartphones, tablet computers, PCs, laptops, and PDAs, namely, software for remotely activating electrical and electronic controllers that control the aforesaid home electric powered devices; Data cables; Data processing equipment, namely, couplers; Earphone accessories, namely, earphone cushions, earphone pads, cord management systems, earphone cases, and earphone extension cords; Earphones; Electric cables and wires; Electric connections and connectors; Electric door bells; Electrical plugs and sockets; Electronic memories; Fire alarms; Fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, personal digital assistants; Headphones; Home and office automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, HVAC, security, safety and other home and office monitoring and control applications; Keyboards for mobile phones; Loudspeakers; Media players; Mobile phone cases featuring rechargeable batteries; Monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; Neoprene laptop covers; Portable photography equipment, namely, reflectors, tripods, light stands and supports and bags specially adapted for these goods; Power supply connectors and adaptors for use with portable electronic devices; Protection masks; Protective cases for smartphones; Protective display screen covers adapted for use with tablet computer ; Protective covers and cases for tablet computers; Renewable battery system to provide backup power; Screen protectors comprised of acrylic, tempered glass, plastic adapted for use with portable electronic devices; Smartphone mounts; Stabilizers for smartphones with protective cases; Telephone sets; Telephone and radio lightwave data links; Touchscreens; USB cables for cellphones; Vehicle mounted GPS sensor for determining the rate of motion for a vehicle; Video telephones; Wireless chargers; Wireless computer mice; Wireless broadband radios; Wireless cellular phone headsets; Wireless computer peripherals; Wireless electronic visitor chimes; Wireless electronic visitor signal chimes; Wireless headsets for smartphones; Wireless indoor and outdoor speakers; Wireless POS (point of service) devices; Wireless receivers and transmitters for portable media players; Wireless telephony apparatus; Cell phone battery chargers; Cell phone battery chargers for use in vehicles
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/03/2018
        FIRST USE IN COMMERCE DATE At least as early as 05/03/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Baby monitors; Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; Batteries; Battery chargers; Battery chargers for use with telephones; Cameras; Carrying cases for cell phones; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, cell phones; Cases for smartphones; Cell phone backplates; Cell phone straps; Chargers for batteries; Computer application software for smartphones, tablet computers, PCs, laptops, and PDAs, namely, software for remotely activating electrical and electronic controllers that control the aforesaid home electric powered devices; Computer application software for smartphones, tablet computers, PCs, laptops, and PDAs, namely, software for remotely activating electrical and electronic controllers that control baby monitors; Data cables; Data processing equipment, namely, couplers; Earphone accessories, namely, earphone cushions, earphone pads, cord management systems, earphone cases, and earphone extension cords; Earphones; Electric cables and wires; Electric connections and connectors; Electric door bells; Electrical plugs and sockets; Electronic memories; Fire alarms; Fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, personal digital assistants; Headphones; Home and office automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, HVAC, security, safety and other home and office monitoring and control applications; Keyboards for mobile phones; Loudspeakers; Media players; Mobile phone cases featuring rechargeable batteries; Monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; Neoprene laptop covers; Portable photography equipment, namely, reflectors, tripods, light stands and supports and bags specially adapted for these goods; Power supply connectors and adaptors for use with portable electronic devices; Protection masks; Protective cases for smartphones; Protective display screen covers adapted for use with tablet computer; Protective covers and cases for tablet computers; Renewable battery system to provide backup power; Screen protectors comprised of acrylic, tempered glass, plastic adapted for use with portable electronic devices; Smartphone mounts; Stabilizers for smartphones with protective cases; Telephone sets; Telephone and radio lightwave data links; Touchscreens; USB cables for cellphones; Vehicle mounted GPS sensor for determining the rate of motion for a vehicle; Video telephones; Wireless chargers; Wireless computer mice; Wireless broadband radios; Wireless cellular phone headsets; Wireless computer peripherals; Wireless electronic visitor chimes; Wireless electronic visitor signal chimes; Wireless headsets for smartphones; Wireless indoor and outdoor speakers; Wireless POS (point of service) devices; Wireless receivers and transmitters for portable media players; Wireless telephony apparatus; Cell phone battery chargers; Cell phone battery chargers for use in vehicles
FINAL DESCRIPTION
Baby monitors; Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; Batteries; Battery chargers; Battery chargers for use with telephones; Cameras; Carrying cases for cell phones; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, cell phones; Cases for smartphones; Cell phone backplates; Cell phone straps; Chargers for batteries; Computer application software for smartphones, tablet computers, PCs, laptops, and PDAs, namely, software for remotely activating electrical and electronic controllers that control baby monitors; Data cables; Data processing equipment, namely, couplers; Earphone accessories, namely, earphone cushions, earphone pads, cord management systems, earphone cases, and earphone extension cords; Earphones; Electric cables and wires; Electric connections and connectors; Electric door bells; Electrical plugs and sockets; Electronic memories; Fire alarms; Fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, personal digital assistants; Headphones; Home and office automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, HVAC, security, safety and other home and office monitoring and control applications; Keyboards for mobile phones; Loudspeakers; Media players; Mobile phone cases featuring rechargeable batteries; Monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; Neoprene laptop covers; Portable photography equipment, namely, reflectors, tripods, light stands and supports and bags specially adapted for these goods; Power supply connectors and adaptors for use with portable electronic devices; Protection masks; Protective cases for smartphones; Protective display screen covers adapted for use with tablet computer ; Protective covers and cases for tablet computers; Renewable battery system to provide backup power; Screen protectors comprised of acrylic, tempered glass, plastic adapted for use with portable electronic devices; Smartphone mounts; Stabilizers for smartphones with protective cases; Telephone sets; Telephone and radio lightwave data links; Touchscreens; USB cables for cellphones; Vehicle mounted GPS sensor for determining the rate of motion for a vehicle; Video telephones; Wireless chargers; Wireless computer mice; Wireless broadband radios; Wireless cellular phone headsets; Wireless computer peripherals; Wireless electronic visitor chimes; Wireless electronic visitor signal chimes; Wireless headsets for smartphones; Wireless indoor and outdoor speakers; Wireless POS (point of service) devices; Wireless receivers and transmitters for portable media players; Wireless telephony apparatus; Cell phone battery chargers; Cell phone battery chargers for use in vehicles
FILING BASIS Section 1(b)
DELETED FILING BASIS 1(a);
SIGNATURE SECTION
DECLARATION SIGNATURE /Zhu Zhaowei/
SIGNATORY'S NAME /Zhu Zhaowei/
SIGNATORY'S POSITION Principal
SIGNATORY'S PHONE NUMBER +86-02081534108
DATE SIGNED 12/10/2018
RESPONSE SIGNATURE /Zhu Zhaowei/
SIGNATORY'S NAME /Zhu Zhaowei/
SIGNATORY'S POSITION Principal
SIGNATORY'S PHONE NUMBER +86-02081534108
DATE SIGNED 12/10/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sun Dec 09 22:41:15 EST 2018
TEAS STAMP USPTO/ROA-XX.X.XXX.XXX-20
181209224115710594-880638
91-610269b3f2771e194cdaac
b7fe7213371d95ab7d14f4d7b
e1172121de718d38c-N/A-N/A
-20181209223708147698



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. 88063891 AVEN(Standard Characters, see http://uspto.report/TM/88063891/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 009 for Baby monitors; Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; Batteries; Battery chargers; Battery chargers for use with telephones; Cameras; Carrying cases for cell phones; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, cell phones; Cases for smartphones; Cell phone backplates; Cell phone straps; Chargers for batteries; Computer application software for smartphones, tablet computers, PCs, laptops, and PDAs, namely, software for remotely activating electrical and electronic controllers that control the aforesaid home electric powered devices; Data cables; Data processing equipment, namely, couplers; Earphone accessories, namely, earphone cushions, earphone pads, cord management systems, earphone cases, and earphone extension cords; Earphones; Electric cables and wires; Electric connections and connectors; Electric door bells; Electrical plugs and sockets; Electronic memories; Fire alarms; Fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, personal digital assistants; Headphones; Home and office automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, HVAC, security, safety and other home and office monitoring and control applications; Keyboards for mobile phones; Loudspeakers; Media players; Mobile phone cases featuring rechargeable batteries; Monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; Neoprene laptop covers; Portable photography equipment, namely, reflectors, tripods, light stands and supports and bags specially adapted for these goods; Power supply connectors and adaptors for use with portable electronic devices; Protection masks; Protective cases for smartphones; Protective display screen covers adapted for use with tablet computer ; Protective covers and cases for tablet computers; Renewable battery system to provide backup power; Screen protectors comprised of acrylic, tempered glass, plastic adapted for use with portable electronic devices; Smartphone mounts; Stabilizers for smartphones with protective cases; Telephone sets; Telephone and radio lightwave data links; Touchscreens; USB cables for cellphones; Vehicle mounted GPS sensor for determining the rate of motion for a vehicle; Video telephones; Wireless chargers; Wireless computer mice; Wireless broadband radios; Wireless cellular phone headsets; Wireless computer peripherals; Wireless electronic visitor chimes; Wireless electronic visitor signal chimes; Wireless headsets for smartphones; Wireless indoor and outdoor speakers; Wireless POS (point of service) devices; Wireless receivers and transmitters for portable media players; Wireless telephony apparatus; Cell phone battery chargers; Cell phone battery chargers for use in vehicles
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 05/03/2018 and first used in commerce at least as early as 05/03/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Baby monitors; Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; Batteries; Battery chargers; Battery chargers for use with telephones; Cameras; Carrying cases for cell phones; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, cell phones; Cases for smartphones; Cell phone backplates; Cell phone straps; Chargers for batteries; Computer application software for smartphones, tablet computers, PCs, laptops, and PDAs, namely, software for remotely activating electrical and electronic controllers that control the aforesaid home electric powered devices; Computer application software for smartphones, tablet computers, PCs, laptops, and PDAs, namely, software for remotely activating electrical and electronic controllers that control baby monitors; Data cables; Data processing equipment, namely, couplers; Earphone accessories, namely, earphone cushions, earphone pads, cord management systems, earphone cases, and earphone extension cords; Earphones; Electric cables and wires; Electric connections and connectors; Electric door bells; Electrical plugs and sockets; Electronic memories; Fire alarms; Fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, personal digital assistants; Headphones; Home and office automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, HVAC, security, safety and other home and office monitoring and control applications; Keyboards for mobile phones; Loudspeakers; Media players; Mobile phone cases featuring rechargeable batteries; Monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; Neoprene laptop covers; Portable photography equipment, namely, reflectors, tripods, light stands and supports and bags specially adapted for these goods; Power supply connectors and adaptors for use with portable electronic devices; Protection masks; Protective cases for smartphones; Protective display screen covers adapted for use with tablet computer; Protective covers and cases for tablet computers; Renewable battery system to provide backup power; Screen protectors comprised of acrylic, tempered glass, plastic adapted for use with portable electronic devices; Smartphone mounts; Stabilizers for smartphones with protective cases; Telephone sets; Telephone and radio lightwave data links; Touchscreens; USB cables for cellphones; Vehicle mounted GPS sensor for determining the rate of motion for a vehicle; Video telephones; Wireless chargers; Wireless computer mice; Wireless broadband radios; Wireless cellular phone headsets; Wireless computer peripherals; Wireless electronic visitor chimes; Wireless electronic visitor signal chimes; Wireless headsets for smartphones; Wireless indoor and outdoor speakers; Wireless POS (point of service) devices; Wireless receivers and transmitters for portable media players; Wireless telephony apparatus; Cell phone battery chargers; Cell phone battery chargers for use in vehiclesClass 009 for Baby monitors; Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; Batteries; Battery chargers; Battery chargers for use with telephones; Cameras; Carrying cases for cell phones; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, cell phones; Cases for smartphones; Cell phone backplates; Cell phone straps; Chargers for batteries; Computer application software for smartphones, tablet computers, PCs, laptops, and PDAs, namely, software for remotely activating electrical and electronic controllers that control baby monitors; Data cables; Data processing equipment, namely, couplers; Earphone accessories, namely, earphone cushions, earphone pads, cord management systems, earphone cases, and earphone extension cords; Earphones; Electric cables and wires; Electric connections and connectors; Electric door bells; Electrical plugs and sockets; Electronic memories; Fire alarms; Fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, personal digital assistants; Headphones; Home and office automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, HVAC, security, safety and other home and office monitoring and control applications; Keyboards for mobile phones; Loudspeakers; Media players; Mobile phone cases featuring rechargeable batteries; Monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; Neoprene laptop covers; Portable photography equipment, namely, reflectors, tripods, light stands and supports and bags specially adapted for these goods; Power supply connectors and adaptors for use with portable electronic devices; Protection masks; Protective cases for smartphones; Protective display screen covers adapted for use with tablet computer ; Protective covers and cases for tablet computers; Renewable battery system to provide backup power; Screen protectors comprised of acrylic, tempered glass, plastic adapted for use with portable electronic devices; Smartphone mounts; Stabilizers for smartphones with protective cases; Telephone sets; Telephone and radio lightwave data links; Touchscreens; USB cables for cellphones; Vehicle mounted GPS sensor for determining the rate of motion for a vehicle; Video telephones; Wireless chargers; Wireless computer mice; Wireless broadband radios; Wireless cellular phone headsets; Wireless computer peripherals; Wireless electronic visitor chimes; Wireless electronic visitor signal chimes; Wireless headsets for smartphones; Wireless indoor and outdoor speakers; Wireless POS (point of service) devices; Wireless receivers and transmitters for portable media players; Wireless telephony apparatus; Cell phone battery chargers; Cell phone battery chargers for use in vehicles
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

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: /Zhu Zhaowei/      Date: 12/10/2018
Signatory's Name: /Zhu Zhaowei/
Signatory's Position: Principal
Signatory's Phone Number: +86-02081534108


Response Signature
Signature: /Zhu Zhaowei/     Date: 12/10/2018
Signatory's Name: /Zhu Zhaowei/
Signatory's Position: Principal

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.

        
Serial Number: 88063891
Internet Transmission Date: Sun Dec 09 22:41:15 EST 2018
TEAS Stamp: USPTO/ROA-XX.X.XXX.XXX-20181209224115710
594-88063891-610269b3f2771e194cdaacb7fe7
213371d95ab7d14f4d7be1172121de718d38c-N/
A-N/A-20181209223708147698



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