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. 88232683 GYMIT(Standard Characters, see http://uspto.report/TM/88232683/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 025 for Belts; Body linen; Bow ties; Bra extenders; Bra strap cushions; Bra strap pads; Clothing layettes; Clothing wraps; Clothing, namely, arm warmers; Clothing, namely, base layers; Clothing, namely, folk costumes; Clothing, namely, knee warmers; Clothing, namely, neck tubes; Clothing, namely, thobes; Dresses; Evening dresses; Foundation garments; Gloves; Hats; Hoods; Jackets; Leggings; Mantles; Pajamas; Pants; Scarfs; Shifts as clothing; Shirts; Shoes; Short sets; Shoulder wraps; Shower caps; Sleep masks; Sleeping garments; Socks; Sports bra; Sports shirts; Swim wear for gentlemen and ladies; Swimwear; T-shirts; Ties as clothing; Tops as clothing; Under garments; Underwear; Wedding dresses; Wristbands as clothing; Ladies' underwear
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 12/01/2018 and first used in commerce at least as early as 12/01/2018 , and is now in use in such commerce.

Proposed: Class 025 for Belts; Body linen; Bow ties; Bra extenders; Bra strap cushions; Bra strap pads; Clothing layettes; Clothing wraps; Clothing, namely, arm warmers; Clothing, namely, base layers; Clothing, namely, folk costumes; Clothing, namely, knee warmers; Clothing, namely, neck tubes; Clothing, namely, thobes; Dresses; Evening dresses; Foundation garments; Gloves; Hats; Hoods; Jackets; Leggings; Mantles; Pajamas; Pants; Scarfs; Shifts as clothing; Shirts; Shoes; Short sets; Shoulder wraps; Shower caps; Sleep masks; Sleeping garments; Socks; Sports bra; Sports shirts; Swim wear for gentlemen and ladies; Swimwear; T-shirts; Ties as clothing; Tops as clothing; Under garments; Underwear; Wedding dresses; Wristbands as clothing; Ladies' underwear
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 12/01/2018 and first used in commerce at least as early as 12/01/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of Exhibition pictures in USA .
"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

The applicant hereby appoints Tony Hom. Tony Hom, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      81 70 Street Brooklyn
      New York, New York 11209
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 9175880481.

The email address is tonyhom6@outlook.com

Tony Hom 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: MA YIQUN. MA YIQUN, is located at

      ROOM 101 OF BUILDING 15
      NO.62 XINJIAN NORTH ROAD
      YUYAO, 315400
      CN

The phone number is +86-62557894.

The email address is greenmary@foxmail.com

The applicants proposed correspondence information: Tony Hom. Tony Hom, is located at

      81 70 Street Brooklyn
      New York, New York 11209
      United States

The phone number is 9175880481.

The email address is tonyhom6@outlook.com; greenmary@foxmail.com

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: /Tony Hom/      Date: 08/21/2019
Signatory's Name: Tony Hom
Signatory's Position: Attorney of record
Signatory's Phone Number: 9175880481


Response Signature
Signature: /Tony Hom/     Date: 08/21/2019
Signatory's Name: Tony Hom
Signatory's Position: Attorney of record

Signatory's Phone Number: 9175880481

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:    MA YIQUN
   
   ROOM 101 OF BUILDING 15
   NO.62 XINJIAN NORTH ROAD
   YUYAO, 315400
Mailing Address:    Tony Hom
   81 70 Street Brooklyn
   New York, New York 11209
        
Serial Number: 88232683
Internet Transmission Date: Wed Aug 21 05:36:17 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20190821053617998
597-88232683-610e0dd1da06a3017d73f957d3e
49f2c85e6bc6a366851bad47dc11ed775171be4-
N/A-N/A-20190821052737773503