Petition to Amend Basis Post-publication

PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0050 (Exp 09/20/2020)

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PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0050 (Exp 09/20/2020)

Petition to Amend Basis Post-Publication

To the Commissioner for Trademarks:

The following is submitted for application serial number: 88138869

FORM TEXT:

This application is currently based on Section 1(b), intent to use, and the applicant requests that the application be amended to rely on the foreign registrations pursuant to Section 44(e).

 

Attached in support of this requested amendment is the necessary copy of the home country registrations along with an English translation thereof.

 

Chinese Registration No.14081541 for Class 37, issued on April 07, 2015;

Chinese Registration No.14092206 for Class 38, issued on April 14, 2015;

Chinese Registration No.21831251 for Class 38, issued on December 21, 2017;

Chinese Registration No.21831544 for Class 42, issued on December 21, 2017;

 

Please be advised that in order to conform to the basis, the applicant has filed a Post Publication Amendment to amend the items in class 37, 38 and 42. Please kindly check and record the same if everything is in order.

 

Inasuch as applicant had a continuing basis for registration throughout the entire application process, and has met all requirements for filing under Section 44, including the allegation of a bona fide intention to use, the filing basis may be amended.

 

It is respectfully requested that:

1. Section 44(e) be added as the basis of the application;

2. upon acceptance of the home country registrations as the basis for the registration by the Examining Attorney and the Patent and Trademark Office, Section 1(b) be deleted;

3. the Notice of Allowance then be cancelled; and

4. the application be re-published as a Section 44(e) application.

 

The final list of services in class 37, 38 and 42 should read as follows:

 

Class 37:Construction planning; building construction and repair; installation of electrical and electronic apparatus, namely, computers, mobile phones and other apparatus for mobile telecommunications, headphones, earphones, microphones, loudspeakers, televisions, cameras, batteries; heating equipment installation and repair; electric and electronic appliance installation and repair; photographic apparatus repair; cleaning of clothing, namely, dry cleaning; telephone installation and repair; installation, repair, maintenance services of computer hardware; mobile phone repair.

 

Class 38: Part A: Television broadcasting; delivery of messages by electronic transmission; electronic mail services, namely, electronic transmission of e-mail; computer aided transmission of messages and images; electronic transmission of messages.

 

Part B: telephone communication services; cellular telephone services; telephone paging services;

 

(for services listed in part A in class 38 base on Chinese Registration No.14092206 for Class 38, issued on April 14, 2015;

for services listed in part B in class 38 base on Chinese Registration No.21831251 for Class 38, issued on December 21, 2017)

 

Class 42:Computer software design for others; mechanical research with regard to electric and electronic apparatus; industrial design; design for others in the field of computer software; design for others in the field of telecommunication apparatus, namely, mobile telephones.

FORM FILE NAME(S):

Original PDF file:
stration_certificate_and_its_English_translation-37-14081541_202031610438276.pdf
Converted PDF file(s) (3 pages)
Attachments-1
Attachments-2
Attachments-3
Original PDF file:
stration_certificate_and_its_English_translation-38-14092206_202031610443875.pdf
Converted PDF file(s) (3 pages)
Attachments-1
Attachments-2
Attachments-3
Original PDF file:
stration_certificate_and_its_English_translation-38-21831251_2020316104434445.pdf
Converted PDF file(s) (2 pages)
Attachments-1
Attachments-2
Original PDF file:
stration_certificate_and_its_English_translation-42-21831544_2020316104511900.pdf
Converted PDF file(s) (3 pages)
Attachments-1
Attachments-2
Attachments-3

The owner proposes to amend the following:
Current: GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP., LTD, having an address of
      NO. 18 HAIBIN ROAD
      WUSHA, CHANG'AN, DONGGUA
      GUANGDONG, 510000
      China
      Email Address: XXXX

Proposed: GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP., LTD, having an address of
      NO. 18 HAIBIN ROAD
      WUSHA, CHANG'AN, DONGGUA
      GUANGDONG, 510000
      China
      Email Address: XXXX

The owner's/holder's current attorney information: Yue (Robert) Xu. Yue (Robert) Xu of Apex Attorneys at Law, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      160 Alamo Plaza #942
      Alamo, California 94507
      United States

The phone number is 408-647-5296.

The fax number is 408-458-2551.

The email address is trademark@apex-attorneys.com

The owner's/holder's proposed attorney information: Yue (Robert) Xu. Yue (Robert) Xu of Apex Attorneys at Law, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      160 Alamo Plaza #942
      Alamo, California 94507
      United States

The phone number is 408-647-5296.

The fax number is 408-458-2551.

The email address is trademark@apex-attorneys.com
Correspondence Information (current):
      Yue (Robert) Xu
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@apex-attorneys.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): apex.attorneys@aol.com; trademark.aaal@gmail.com
Correspondence Information (proposed):
      Yue (Robert) Xu
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@apex-attorneys.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): apex.attorneys@aol.com; trademark.aaal@gmail.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
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, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /YUE XU r/      Date: 04/19/2020
Signatory's Name: Yue (Robert) Xu
Signatory's Position: Attorney of Record, California Bar member
Signatory's Phone Number: 408-647-5296

Submission Signature
Signature: /YUE XU r/     Date: 04/19/2020
Signatory's Name: Yue (Robert) Xu
Signatory's Position: Attorney or record, California bar member
Signatory's Phone Number: 408-647-5296

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Yue (Robert) Xu
   Apex Attorneys at Law, LLP
   
   160 Alamo Plaza #942
   Alamo, California 94507
Mailing Address:    Yue (Robert) Xu
   Apex Attorneys at Law, LLP
   
   160 Alamo Plaza #942
   Alamo, California 94507
        
RAM Sale Number: 41111919
RAM Accounting Date: 04/20/2020
        
Serial Number: 88138869
Internet Transmission Date: Mon Apr 20 16:41:13 ET 2020
TEAS Stamp: USPTO/PAB-XX.XXX.XX.XX-20200420164113246
881-88138869-20200416220654791296-CC-411
11919-20200416220654791296