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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88174292 WATER OS(Standard Characters, see http://uspto.report/TM/88174292/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Cellular phones; Computer operating programs; Computer operating programs, recorded; Computers; Interactive touch screen terminals; Notebook computers; Operating system programs; Portable media players; Smartphones; Wrist-mounted smartphones; Computer programs for computer operating systems; Computer programs for use in database management; Computer programs for use in the electronic storage of data; Computer programs for document management; Computer software applications, namely, downloadable applications used for storing and sharing images in smartphones, cellular phones and consumer electronics; Downloadable computer programs for storing and sharing images; Downloadable computer programs for network management; Downloadable computer programs for database management; Downloadable computer programs for user interface design; Downloadable computer programs for document management; Downloadable computer programs for spreadsheet management; Downloadable computer programs for word processing; Downloadable computer programs for the electronic storage of data
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.

In International Class 009, the mark was first used at least as early as 10/31/2018 and first used in commerce at least as early as 10/31/2018.


Proposed:

Tracked Text Description: Cellular phones; Operating system programs; Computer operating programs; Computer programs for computer operating systems; Computer operating programs, recorded; Computers; Interactive touch screen terminals; Notebook computers; Portable media players; Smartphones; Wrist-mounted smartphones; Computer programs for use in database management; Computer programs for use in the electronic storage of data; Computer programs for document management; Computer software applications, namely, downloadable applications used for storing and sharing images in smartphones, cellular phones and consumer electronics; Downloadable computer programs for storing and sharing images; Downloadable computer programs for network management; Downloadable computer programs for database management; Downloadable computer programs for user interface design; Downloadable computer programs for document management; Downloadable computer programs for spreadsheet management; Downloadable computer programs for word processing; Downloadable computer programs for the electronic storage of dataClass 009 for Operating system programs; Computer programs for computer operating systems
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.

In International Class 009, the mark was first used at least as early as 10/31/2018 . and first used in commerce at least as early as 10/31/2018 .

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant deleted all the goods except "Operating system programs; Computer programs for computer operating systems". The specimens for Operating system programs and Computer programs for computer operating systems have been submitted and were not challenged. Accordingly, no additional information with respect to "Specimen Refusal - Mere Advertising Material" and "Additional Specimens Required" is required, because all relevant goods are deleted. Applicant respectfully submits that the application is in a condition for registration.

Correspondence Information (current):
      Jinggao Li
      PRIMARY EMAIL FOR CORRESPONDENCE: jinggaoli@dragonsunlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): yongmeishen@dragonsunlaw.com
Correspondence Information (proposed):
      Jinggao Li
      PRIMARY EMAIL FOR CORRESPONDENCE: jinggaoli@dragonsunlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): yongmeishen@dragonsunlaw.com

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).

SIGNATURE(S)
Response Signature
Signature: /Jinggao LI/     Date: 03/13/2020
Signatory's Name: Jinggao LI
Signatory's Position: Attorney of record, Connecticut Bar member

Signatory's Phone Number: 2039167016

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:    Jinggao Li
   Dragon Sun Law Firm, PC
   
   1100 Kings Highway East, Suite 2F
   Fairfield, Connecticut 06825
Mailing Address:    Jinggao Li
   Dragon Sun Law Firm, PC
   1100 Kings Highway East, Suite 2F
   Fairfield, Connecticut 06825
        
Serial Number: 88174292
Internet Transmission Date: Fri Mar 13 19:33:18 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200313193318499
748-88174292-710f6b8e036ca5eadb2e438b23d
81e8496c566afa1731c8268c6a0a37bf4868-N/A
-N/A-20200313190915599547