TEAS Petition to Revive Abandon Applic

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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 88164869 MEITU (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8816486 9/large) has been amended as follows: PETITION
Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Augmented reality software for playing computer games; Cases for smartphones; Chargers for electric batteries; Computer game software; Data cables; Downloadable electronic publications in the nature of magazines and manuals in the field of entertainment and the fashion industry; Downloadable video recordings featuring animated cartoons; Earphones and headphones; Encoding and decoding apparatus; Humanoid robots with artificial intelligence; Interactive touch screen terminals; Monopods for handheld digital electronic devices, namely, cell phones; Photographic cameras; Portable media players; Protective films adapted for smartphones; Smartphones; Software for ensuring the security of electronic mail; Virtual reality game software; Wearable video display monitors; Computer application software for mobile phones and handheld computers, namely, software for use in online shopping in the field of fashion and fashion accessories; Computer software for creating digital animation and special effects of images; Computer software for processing digital images; Downloadable software in the nature of a mobile application for electronically exchanging data, audio, video images, and graphics via computer, mobile, wireless, and communication networks relating to entertainment activity; Downloadable software in the nature of a mobile application for use in social networking in the field of entertainment and the fashion industry; Electronic key fobs being remote control apparatus
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Hong Kong application number 304510881 filed 04/30/2018]. 15 U.S.C.Section 1126(d), as amended.


Proposed:
Class 009 for Augmented reality software for playing computer games; Cases for smartphones; Chargers for electric batteries; Computer game software; Data cables; Downloadable electronic publications in the nature of magazines and manuals in the field of entertainment and the fashion industry; Downloadable video recordings featuring animated cartoons; Earphones and headphones; Encoding and decoding apparatus; Humanoid robots with artificial intelligence; Interactive touch screen terminals; Monopods for handheld digital electronic devices, namely, cell phones; Photographic cameras; Portable media players; Protective films adapted for smartphones; Smartphones; Software for ensuring the security of electronic mail; Virtual reality game software; Wearable video display monitors; Computer application software for mobile phones and handheld computers, namely, software for use in online shopping in the field of fashion and fashion accessories; Computer software for creating digital animation and special effects of images; Computer software for processing digital images; Downloadable software in the nature of a mobile application for electronically exchanging data, audio, video images, and graphics via computer, mobile, wireless, and communication networks relating to entertainment activity; Downloadable software in the nature of a mobile application for use in social networking in the field of entertainment and the fashion industry; Electronic key fobs being remote control apparatus
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Hong Kong application number 304510881 filed 04/30/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Hong Kong registration number 304510881 registered 04/30/2018 with a renewal date of __________ and an expiration date of 04/30/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-193119759-042628349_ ._Meitu_HKcertificate.pdf
Converted PDF file(s) ( 3 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3
Original PDF file:
FRU0-193119759-042628349_ ._Meitu_HKCertificate_Eng lish.pdf
Converted PDF file(s) ( 3 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: MEITU (CHINA) LIMITED, a limited liability company legally organized under the laws of China, having an address of

            Unit 8106B, 81/F, International Commerce      Centre, 1 Austin Road West, Kowloon
      Hong Kong, 361008
      China

Proposed: MEITU (CHINA) LIMITED, a limited liability company legally organized under the laws of China, having an address of
      Unit 8106B, 81/F, International Commerce
      Centre, 1 Austin Road West, Kowloon
      Hong Kong, 361008
      China
      Email Address: XXXX

The owner's/holder's current attorney information: John Alumit. John Alumit of ALUMIT IP, is located at

      135 S. JACKSON STREET, SUITE 200
      GLENDALE, California 91205
      United States
      The phone number is 818-244-4861.
      The email address is john@alumitip.com

The owner's/holder's proposed attorney information: John Alumit. John Alumit of ALUMIT IP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      135 S. JACKSON STREET, SUITE 200
      GLENDALE, California 91205
      United States
      The phone number is 818-244-4861.
      The email address is john@alumitip.com

John Alumit submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      JOHN ALUMIT
      PRIMARY EMAIL FOR CORRESPONDENCE: john@alumitip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      John Alumit
      PRIMARY EMAIL FOR CORRESPONDENCE: john@alumitip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the 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)

Signature: /john alumit/      Date: 04/09/2020
Signatory's Name: John Alumit
Signatory's Position: Attorney of Record, California bar member
Signatory's Phone Number: 8182444861


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: /john alumit/      Date: 04/09/2020
Signatory's Name: John Alumit
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 8182444861


Response Signature
Signature: /john alumit/     Date: 04/09/2020
Signatory's Name: John Alumit
Signatory's Position: Attorney of Record, California Bar

Signatory's Phone Number: 8182444861

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:    JOHN ALUMIT
   ALUMIT IP
   
   135 S. JACKSON STREET, SUITE 200
   GLENDALE, California 91205
Mailing Address:    John Alumit
   ALUMIT IP
   135 S. JACKSON STREET, SUITE 200
   GLENDALE, California 91205
        
RAM Sale Number: 88164869
RAM Accounting Date: 04/09/2020
        
Serial Number: 88164869
Internet Transmission Date: Thu Apr 09 04:33:27 ET 2020
TEAS Stamp: USPTO/POA-XXX.XXX.XX.X-20200409043327407
986-88164869-710347beb45c31356f44deb50a2
63e698382272494079e9685aeb66e9f344948-CC
-33252678-20200409042628349731