Response to Office Action

IHOME

XIAMEN SMARTEN ARTS & CRAFTS 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 88102532
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88102532/mark.png
LITERAL ELEMENT IHOME
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a heart-shaped design graphic with a hand-designed graphic and a stylized wording iHOME inside.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_1831489176-20190606050819344647_._ARGUMENT.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\881\025\88102532\xml6\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\025\88102532\xml6\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\025\88102532\xml6\ROA0004.JPG
DESCRIPTION OF EVIDENCE FILE The argument consists of evidences
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 020
DESCRIPTION
Decorative centerpieces of wood; Desktop statuary made of wood; Figurines of wood; Furniture; Furniture, mirrors, picture frames; Mirrors; Ornaments of wood; Outdoor furniture; Plaques of plastic; Residential and commercial wrought iron furniture; Statues of wood; Statuettes of wood; Wooden display stands; Works of art of wood, wax, plaster or plastic
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/31/2018
        FIRST USE IN COMMERCE DATE At least as early as 07/31/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 020
TRACKED TEXT DESCRIPTION
Decorative centerpieces of wood; Desktop statuary made of wood; Figurines of wood; Ornaments of wood; Furniture; Statues of wood; Furniture, mirrors, picture frames; Statuettes of wood; Mirrors; Wooden display stands; Works of art of wood, wax, plaster or plastic; Outdoor furniture; Plaques of plastic; Residential and commercial wrought iron furniture
FINAL DESCRIPTION
Decorative centerpieces of wood; Desktop statuary made of wood;Ornaments of wood;Statues of wood; Statuettes of wood; Wooden display stands; Works of art of wood, wax, plaster or plastic
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/31/2018
       FIRST USE IN COMMERCE DATE At least as early as 07/31/2018
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\881\025\88102532\xml6\ ROA0005.JPG
       SPECIMEN DESCRIPTION This is a sales page of product on Amazon U.S. website.
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a stylized pair of open hands holding up the stylized wording IHOME all enclosed in a design of an open heart.
MISCELLANEOUS STATEMENT (1) How are applicant's goods sold? The goods are sold online. (2) Please provide copies of invoices,bills of sale, or other documentation of sales of the goods. Please see the copy of product sales page enclosed. (3) Was the specimen created for submission with this application? Yes,the specimen was created for submission with this application. (4) Does the specimen show applicant's product as it is currently being sold to consumers? Yes,the specimen show applicant's product as it is currently being sold to consumers. (5) How do applicant's goods appear in the actual sales environment? The goods are sold online,the website is :http://www.amazon.com/dp/B07RWCDJTC?ref=myi_title_dp
       MISCELLANEOUS
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\881\025\88102532\xml6\ ROA0006.JPG
SIGNATURE SECTION
DECLARATION SIGNATURE /WangZhiXiong/
SIGNATORY'S NAME Wang ZhiXiong
SIGNATORY'S POSITION President
DATE SIGNED 06/06/2019
RESPONSE SIGNATURE /WangZhiXiong/
SIGNATORY'S NAME Wang ZhiXiong
SIGNATORY'S POSITION President
DATE SIGNED 06/06/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 06 05:32:19 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XX.XX.XXX-2
0190606053219676822-88102
532-620435faa8c89e2f673ea
f7327fc49459ba81adbf61c16
fa632b4b49ad2fd4b9821-N/A
-N/A-20190606050819344647



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. 88102532 IHOME (Stylized and/or with Design, see http://uspto.report/TM/88102532/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of The argument consists of evidences has been attached.
Original PDF file:
evi_1831489176-20190606050819344647_._ARGUMENT.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Decorative centerpieces of wood; Desktop statuary made of wood; Figurines of wood; Furniture; Furniture, mirrors, picture frames; Mirrors; Ornaments of wood; Outdoor furniture; Plaques of plastic; Residential and commercial wrought iron furniture; Statues of wood; Statuettes of wood; Wooden display stands; Works of art of wood, wax, plaster or plastic
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 07/31/2018 and first used in commerce at least as early as 07/31/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Decorative centerpieces of wood; Desktop statuary made of wood; Figurines of wood; Ornaments of wood; Furniture; Statues of wood; Furniture, mirrors, picture frames; Statuettes of wood; Mirrors; Wooden display stands; Works of art of wood, wax, plaster or plastic; Outdoor furniture; Plaques of plastic; Residential and commercial wrought iron furnitureClass 020 for Decorative centerpieces of wood; Desktop statuary made of wood;Ornaments of wood;Statues of wood; Statuettes of wood; Wooden display stands; Works of art of wood, wax, plaster or plastic
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 07/31/2018 and first used in commerce at least as early as 07/31/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 020 . The specimen(s) submitted consists of This is a sales page of product on Amazon U.S. website. .
"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

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a stylized pair of open hands holding up the stylized wording IHOME all enclosed in a design of an open heart.

Miscellaneous Statement
(1) How are applicant's goods sold? The goods are sold online. (2) Please provide copies of invoices,bills of sale, or other documentation of sales of the goods. Please see the copy of product sales page enclosed. (3) Was the specimen created for submission with this application? Yes,the specimen was created for submission with this application. (4) Does the specimen show applicant's product as it is currently being sold to consumers? Yes,the specimen show applicant's product as it is currently being sold to consumers. (5) How do applicant's goods appear in the actual sales environment? The goods are sold online,the website is :http://www.amazon.com/dp/B07RWCDJTC?ref=myi_title_dp
Miscellaneous 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: /WangZhiXiong/      Date: 06/06/2019
Signatory's Name: Wang ZhiXiong
Signatory's Position: President

Response Signature
Signature: /WangZhiXiong/     Date: 06/06/2019
Signatory's Name: Wang ZhiXiong
Signatory's Position: President

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: 88102532
Internet Transmission Date: Thu Jun 06 05:32:19 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019060605321967
6822-88102532-620435faa8c89e2f673eaf7327
fc49459ba81adbf61c16fa632b4b49ad2fd4b982
1-N/A-N/A-20190606050819344647


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

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