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. 88175599 P (Stylized and/or with Design, see http://uspto.report/TM/88175599/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Children's educational software; Communications software for connecting computer network users and global computer networks; Compiler software; Computer anti-virus software; Computer application software for mobile phones, portable media players, handheld computers, namely, software for use in photo editing and video editing; Computer game programs; Computer game software; Computer gaming software for recreational game playing purposes; Computer graphics software; Computer hardware and software for processing digital music files; Computer operating programs, recorded; Computer peripheral devices; Computer programmes for document management; Computer programs recorded on data media (software) designed for use in construction and automated manufacturing (cad/cam); Computer programs for using the internet and the worldwide web; Computer search engine software; Computer software development tools; Computer software for application and database integration; Computer software for computer system and application development, deployment and management; Computer software to maintain and operate computer system; Data compression software; Data processing apparatus; Downloadable computer game programs; Downloadable computer software for use in database management, use as a spreadsheet, word processing, photo editing and video editing; Downloadable electronic publications in the nature of book, magazine and manual in the field of photo editing and video editing; Downloadable image file containing artwork, text, audio, video, games and Internet Web links relating to sporting and cultural activities; Downloadable software application for downloading DVR-recorded content for viewing on smartphones; Electronic notice boards; Electronic publications, namely, e-zines featuring photo editing and video editing recorded on computer media; Game software; Mobile phones; Smartphones; Web site development software
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 09/20/2017 and first used in commerce at least as early as 09/20/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Children's educational software; Communications software for connecting computer network users and global computer networks;  Computer application software for mobile phones, portable media players, handheld computers, namely, software for use in photo editing and video editing; Compiler software; Computer game programs; Computer anti-virus software;  Computer graphics software; Computer application software for mobile phones, portable media players, handheld computers, namely, software for use in photo editing and video editing;  Computer programmes for document management;  Computer programs for using the internet and the worldwide web; Computer game software;  Computer search engine software; Computer gaming software for recreational game playing purposes; Downloadable computer software for use in database management, use as a spreadsheet, word processing, photo editing and video editing; Computer graphics software;  Downloadable image file containing artwork, text, audio, video, games and Internet Web links relating to sporting and cultural activities; Computer hardware and software for processing digital music files; Downloadable software application for downloading DVR-recorded content for viewing on smartphones; Computer operating programs, recorded; Web site development software.; Computer peripheral devices; Computer programmes for document management; Computer programs recorded on data media (software) designed for use in construction and automated manufacturing (cad/cam); Computer programs for using the internet and the worldwide web; Computer search engine software; Computer software development tools; Computer software for application and database integration; Computer software for computer system and application development, deployment and management; Computer software to maintain and operate computer system; Data compression software; Data processing apparatus; Downloadable computer game programs; Downloadable electronic publications in the nature of book, magazine and manual in the field of photo editing and video editing; Downloadable image file containing artwork, text, audio, video, games and Internet Web links relating to sporting and cultural activities; Electronic notice boards; Electronic publications, namely, e-zines featuring photo editing and video editing recorded on computer media; Game software; Mobile phones; Smartphones; Web site development softwareClass 009 for Communications software for connecting computer network users and global computer networks; Computer application software for mobile phones, portable media players, handheld computers, namely, software for use in photo editing and video editing;Computer game programs; Computer graphics software; Computer programmes for document management; Computer programs for using the internet and the worldwide web; Computer search engine software;Downloadable computer software for use in database management, use as a spreadsheet, word processing, photo editing and video editing; Downloadable image file containing artwork, text, audio, video, games and Internet Web links relating to sporting and cultural activities;Downloadable software application for downloading DVR-recorded content for viewing on smartphones;Web site development software.
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 09/20/2017 and first used in commerce at least as early as 09/20/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of App in the Google Play .
"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
Specimen File2
Specimen File3
Specimen File4

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a red background square with a white and gray gradient solid circle inside, on the lower left side of the circle is a vertical bar likes a tail.

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: /Ji Ruihua/      Date: 07/16/2019
Signatory's Name: Ji Ruihua
Signatory's Position: President

Response Signature
Signature: /Ji Ruihua/     Date: 07/16/2019
Signatory's Name: Ji Ruihua
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: 88175599
Internet Transmission Date: Mon Jul 15 23:14:11 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019071523141134
3839-88175599-6202d3b9290c6b63cf5b59a09c
ceafb9825bde62097fbf66556781ccdad79e5b-N
/A-N/A-20190715225917281073