Preliminary Amendment

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 1966 (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 1966 (Rev 10/2011)

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

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88177358 SHAPESHIFTER (Stylized and/or with Design, see ) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 019 for (Based on Intent to Use) Decorative centerpieces of wood strips(Based on 44(d) Priority Application) Decorative centerpieces of wood strips

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for (Based on Intent to Use) Display boards; Fitted covers for high chairs; Jewelry organizer displays; Mirror frames; Office furniture; Picture frames; Works of art of wood, wax, plaster or plastic(Based on 44(d) Priority Application) Display boards; Fitted covers for high chairs; Jewelry organizer displays; Mirror frames; Office furniture; Picture frames; Works of art of wood, wax, plaster or plastic
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.

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 304709944 filed 10/24/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: (Based on Intent to Use) Display boards; (Based on Intent to Use) Decorative centerpieces of wood strips; Display boards; Fitted covers for high chairs; Jewelry organizer displays; Mirror frames; Office furniture; Works of art of wood, wax, plaster or plastic(Based on 44(d) Priority Application) Display boards; Picture frames; Works of art of wood, wax, plaster or plastic(Based on 44(d) Priority Application) Decorative centerpieces of wood strips; Display boards; Fitted covers for high chairs; Jewelry organizer displays; Mirror frames; Office furniture; Picture frames; Works of art of wood, wax, plaster or plasticClass 020 for (Based on Intent to Use) Decorative centerpieces of wood strips; Display boards; Fitted covers for high chairs; Jewelry organizer displays; Mirror frames; Office furniture; Picture frames; Works of art of wood, wax, plaster or plastic(Based on 44(d) Priority Application) Decorative centerpieces of wood strips; Display boards; Fitted covers for high chairs; Jewelry organizer displays; Mirror frames; Office furniture; Picture frames; Works of art of wood, wax, plaster or plastic
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.

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 304709944 filed 10/24/2018]. 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.

SIGNATURE(S)
Voluntary Amendment Signature
Signature: /Yi Wan/     Date: 11/14/2018
Signatory's Name: Yi Wan
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 646-883-8008

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88177358
Internet Transmission Date: Tue Nov 13 12:57:12 EST 2018
TEAS Stamp: USPTO/PRA-XX.XXX.XX.XX-20181113125712779
445-88177358-610d5c821ce858e9b782d81276d
12133355d41afa83a6dad3da7c4e118a3df55-N/
A-N/A-20181113125531168759