TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88201991 GO (Stylized and/or with Design, see http://uspto.report/TM/88201991/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 028 for Amusement machines, automatic and coin-operated; Baby rattles incorporating teething rings; Building games; Dolls' houses; Dolls' rooms; Dolls; Infant toys; Modular play centers consisting of panels, decks, platforms, handrails, slides, and steps all sold separately or in selected combinations; Parlor games; Plush toys; Swings; Toy figures; Toy vehicles; Toy building blocks; Toy mobiles
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 10/10/2013 and first used in commerce at least as early as 10/10/2013 , and is now in use in such commerce.

Proposed: Class 028 for Amusement machines, automatic and coin-operated; Baby rattles incorporating teething rings; Building games; Dolls' houses; Dolls' rooms; Dolls; Infant toys; Modular play centers consisting of panels, decks, platforms, handrails, slides, and steps all sold separately or in selected combinations; Parlor games; Plush toys; Swings; Toy figures; Toy vehicles; Toy building blocks; Toy mobiles
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 10/10/2013 and first used in commerce at least as early as 10/10/2013 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of Screenshot of the alibaba.com retail listing featuring Applicant?s goods,namely, [infant toys] using the mark,accessible through:http://www.alibaba.com/product-detail/Eco-Friendly-Educational-Baby-Cube-Toy_60752361308.html spm=a2700.icbuShop.41413.8.aeff44deFpK26f http://www.alibaba.com/product-detail/wholesale-children-center-game-block-shape_60529175905.html spm=a2700.icbuShop.41413.8.151976ebNbt6Tl .
"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

The applicant hereby appoints Yi Wan. Yi Wan of Law Office of Yi Wan, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 800
      100 Church Street
      New York, New York 10007
      United States
to submit this Request for Reconsideration after Final Action on behalf of the applicant.
The docket/reference number is SZH0011469.

The phone number is 646-883-8008.

The email address is yi.wan@tbchadwick.com

Yi Wan 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.
The applicant's current correspondence information: ZHANG YI. ZHANG YI, is located at

      ROOM 1508, FLOOR 15TH, HAIWANGXINGCHEN
      BUILD., LANXIANG 1ST RD., NANSHAN DIST.
      SHENZHEN, 518000
      CN

The phone number is +86-18675579195.

The email address is huanyee@huanyee.com

The applicants proposed correspondence information: Yi Wan. Yi Wan of Law Office of Yi Wan, is located at

      Suite 800
      100 Church Street
      New York, New York 10007
      United States
The docket/reference number is SZH0011469.

The phone number is 646-883-8008.

The email address is yi.wan@tbchadwick.com; docketing7@tbchadwick.com

ADDITIONAL STATEMENTS
Miscellaneous Statement


Original PDF file:
mis-129226179122-20200110224422565315_._88201991.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2

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: /Wang Zeliang/      Date: 01/16/2020
Signatory's Name: Wang Zeliang
Signatory's Position: President

Request for Reconsideration Signature
Signature: /yw/     Date: 01/16/2020
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 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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    ZHANG YI
   
   ROOM 1508, FLOOR 15TH, HAIWANGXINGCHEN
   BUILD., LANXIANG 1ST RD., NANSHAN DIST.
   SHENZHEN, 518000
Mailing Address:    Yi Wan
   Law Office of Yi Wan
   Suite 800
   100 Church Street
   New York, New York 10007
        
Serial Number: 88201991
Internet Transmission Date: Thu Jan 16 09:14:27 EST 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-202001160914272
77762-88201991-7004f4d8d9626153df1bf174c
f6eb19398d3de3060618b80e7a4f7ac348fa745-
N/A-N/A-20200116091228495174