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. 88135350 BLULU(Standard Characters, see http://uspto.report/TM/88135350/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Dear Sirs, Applicant removed most of the goods from the application, therefore applicant believe there is no such likelihood of confusion left on part of general public as the applicant goods and services in relation to the objected trademark are entirely different that there will not be any such confusion. Also, objection trademark took the extension for the SOU submission. However, applicant is ready to launch its products but waiting for the approval of the trademark so there will not be any confusion in business.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for On-line wholesale and retail store services featuring men, women and kids socks, gloves and clothing, bottles, sportswear, items made of bamboo, kids wear, toys, fashion accessories, jewellery, bags, scarf, pets products, green and eco-friendly products in the nature of bamboo massage instruments, shower loofah, bamboo canes, bamboo baskets, eco-friendly bags, reuse-able bags, cotton bags, eco-friendly shower Sponge, bamboo tooth brush, brushes, bamboo furniture, bamboo bags, bamboo toys, bamboo home decoration items, bamboo trays, bamboo straws, stainless steel straws, bamboo cutlery, eco-friendly daily life usage items, paper cups, paper dishes, paper straws, reusable coffee cups, drink bottles and accessories, stainless steel drink bottles, reusable organic cotton napkins, reusable sandwich wraps, wax sandwich wraps, ballpoint pens made from recycled water bottles, eco-friendly computer accessories, compostable cutlery, namely, forks, spoons, knives and tasters, compostable party plates, compassable bowls, bamboo cell phone speakers, solar powered products, ghost net and fabric basket, up cycled eco-friendly handbags, biodegradable/disposable waste bag, multi-purpose display stands, panels adapted for assembly into display stands, assemblies for display purposes, book shelves, display frames of metal, frames for photographs, frames for pictures, cabinets, non-metallic hangers for shelves, non-metallic hangers for shelving, holders for photographs, picture holders, plate racks, racking, racks, racks being furniture made of non-metallic materials, racks being furniture of metal, non-metallic shelf brackets, shelf units, shelves for display purposes, shelves for storage, shelves of metal, storage shelves, mobile storage racks, non-metallic storage racks, plastic racks for tools, wall shelves, wall shelves of metal, wall shelves of non-metallic materials, wall units, wooden furniture, wood carvings, wooden racks, wooden shelving, plastic water bottles, water bottles,  apothecary jars, brushes for cleaning tanks and containers, drinking flasks, drinking containers, flasks for containing beverages, flasks for keeping beverages cold, flasks for keeping beverages hot, hip flasks, insulated bottles for household use, thermally insulated flasks for household use, insulated containers, thermally insulated containers for food, insulating flasks, holders for containers, holders for dispensable articles, holders for drinking vessels, vacuum jars, ceramic mugs, china mugs, drinking mugs made of earthenware, mugs, plastic bottles, polishing cloths, polishing gloves, drinking mugs made of porcelain, closures for pot lids, pot lids, bottles, cooling bottles, drinking bottles for sports, vacuum bottles, drinking straws, straws for drinking, heat insulated containers for beverages, heat insulated containers for drinks, heat-insulated containers, heat-insulated containers for beverages, socks, sports socks, casual shirts, shirts, aprons, articles of clothing made of hides, sports clothing, other than golf gloves, athletic clothing, footless tights, half length tights, tights, uniforms for athletes, athletics vests, bandanas, bands for wear, sweat bands, baseball caps, hats, vest tops, beach clothes, beach clothing, beach robes, beach wraps, beachwear, bikinis, denim jeans, jeans, boas, bobble hats, clothing for sports, clothing for gymnastics, gloves for cyclists, cyclists' clothing, bike pants, ear muffs, exercise wear, gloves, riding gloves, swimming costumes, athletics footwear, sporting footwear, sports footwear, jumper dresses, karate uniforms, kerchiefs, leotards, coats, jackets, loungewear, gym wear, leggings, vests, judo uniforms, sports uniforms, other than golf gloves or helmets,  uniforms, mittens, bras, long pants, pants, sweat pants, football shirts, polo shirts, sports shirts, muffs, non-slipping devices for footwear, one-piece suits, outer clothing, namely, t-shirts, ready-made clothing, ready-to-wear clothing, scarfs, scarves, stockings, sweat-absorbent stockings, sports garments, other than golf gloves, sports jackets, sports jerseys, women's clothing; Online retail clothing, men, women and kids socks, gloves and clothing, bottles, sportswear, items made of bamboo, kids wear, toys, fashion accessories, jewellery, bags, scarf, pets products, store services featuring in-store order pickup
Original Filing Basis:
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.

Proposed:
Tracked Text Description: On-line wholesale and retail store services featuring men, women and kids socks, gloves and clothing, bottles, sportswear, items made of bamboo, kids wear, toys, fashion accessories, jewellery, bags, scarf, pets products, green and eco-friendly products in the nature of bamboo massage instruments, shower loofah, bamboo canes, bamboo baskets, eco-friendly bags, reuse-able bags, cotton bags, eco-friendly shower Sponge, bamboo tooth brush, brushes, bamboo furniture, bamboo bags, bamboo toys, bamboo home decoration items, bamboo trays, bamboo straws, stainless steel straws, bamboo cutlery, eco-friendly daily life usage items, paper cups, paper dishes, paper straws, reusable coffee cups, drink bottles and accessories, stainless steel drink bottles, reusable organic cotton napkins, reusable sandwich wraps, wax sandwich wraps, ballpoint pens made from recycled water bottles, eco-friendly computer accessories, compostable cutlery, namely, forks, spoons, knives and tasters, compostable party plates, compassable bowls, bamboo cell phone speakers, solar powered products, ghost net and fabric basket, up cycled eco-friendly handbags, biodegradable/disposable waste bag, multi-purpose display stands, panels adapted for assembly into display stands, assemblies for display purposes, book shelves, display frames of metal, frames for photographs, frames for pictures, cabinets, non-metallic hangers for shelves, non-metallic hangers for shelving, holders for photographs, picture holders, plate racks, racking, racks, racks being furniture made of non-metallic materials, racks being furniture of metal, non-metallic shelf brackets, shelf units, shelves for display purposes, shelves for storage, shelves of metal, storage shelves, mobile storage racks, non-metallic storage racks, plastic racks for tools, wall shelves, wall shelves of metal, wall shelves of non-metallic materials, wall units, wooden furniture, wood carvings, wooden racks, wooden shelving, plastic water bottles, water bottles,  apothecary jars, brushes for cleaning tanks and containers, drinking flasks, drinking containers, flasks for containing beverages, flasks for keeping beverages cold, flasks for keeping beverages hot, hip flasks, insulated bottles for household use, thermally insulated flasks for household use, insulated containers, thermally insulated containers for food, insulating flasks, holders for containers, holders for dispensable articles, holders for drinking vessels, vacuum jars, ceramic mugs, china mugs, drinking mugs made of earthenware, mugs, plastic bottles, polishing cloths, polishing gloves, drinking mugs made of porcelain, closures for pot lids, pot lids, bottles, cooling bottles, drinking bottles for sports, vacuum bottles, drinking straws, straws for drinking, heat insulated containers for beverages, heat insulated containers for drinks, heat-insulated containers, heat-insulated containers for beverages, socks, sports socks, casual shirts, shirts, aprons, articles of clothing made of hides, sports clothing, other than golf gloves, athletic clothing, footless tights, half length tights, tights, uniforms for athletes, athletics vests, bandanas, bands for wear, sweat bands, baseball caps, hats, vest tops, beach clothes, beach clothing, beach robes, beach wraps, beachwear, bikinis, denim jeans, jeans, boas, bobble hats, clothing for sports, clothing for gymnastics, gloves for cyclists, cyclists' clothing, bike pants, ear muffs, exercise wear, gloves, riding gloves, swimming costumes, athletics footwear, sporting footwear, sports footwear, jumper dresses, karate uniforms, kerchiefs, leotards, coats, jackets, loungewear, gym wear, leggings, vests, judo uniforms, sports uniforms, other than golf gloves or helmets,  uniforms, mittens, bras, long pants, pants, sweat pants, football shirts, polo shirts, sports shirts, muffs, non-slipping devices for footwear, one-piece suits, outer clothing, namely, t-shirts, ready-made clothing, ready-to-wear clothing, scarfs, scarves, stockings, sweat-absorbent stockings, sports garments, other than golf gloves, sports jackets, sports jerseys, women's clothing; On-line wholesale and retail store services featuring men, women and kids socks, bamboo baskets, eco-friendly bags, cotton bags, thermally insulated flasks for household use, insulated containers, pot lids, sports bottles, vacuum bottles, straws; Online retail clothing, men, women and kids socks, gloves and clothing, bottles, sportswear, items made of bamboo, kids wear, toys, fashion accessories, jewellery, bags, scarf, pets products, store services featuring in-store order pickupClass 035 for On-line wholesale and retail store services featuring men, women and kids socks, bamboo baskets, eco-friendly bags, cotton bags, thermally insulated flasks for household use, insulated containers, pot lids, sports bottles, vacuum bottles, straws
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)
Response Signature
Signature: /Cindy Zhang/     Date: 11/03/2019
Signatory's Name: Cindy Zhang
Signatory's Position: Principle

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88135350
Internet Transmission Date: Sun Nov 03 05:37:08 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201911030537080
14891-88135350-7008f1af49b38f2e6db394f16
b3d28d6e4a6bffaa964c378332c3db9f56fa241b
-N/A-N/A-20191103052754122509