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. 88240568 EVISTA (Stylized and/or with Design, see http://uspto.report/TM/88240568/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 Audio speakers; battery chargers for mobile phones; USB cables; blank USB flash drives; digital voice recorders; MP3 players; MP4 players
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.

In International Class 009, the mark was first used at least as early as 05/22/2019 and first used in commerce at least as early as 05/22/2019 .

Proposed: Class 009 for Audio speakers; battery chargers for mobile phones; USB cables; blank USB flash drives; digital voice recorders; MP3 players; MP4 players

Deleted Filing Basis: 1(b)
In International Class 009, the mark was first used at least as early as 05/22/2019 . and first used in commerce at least as early as 05/22/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Photographs of Applicant?s goods, namely, [MP4 players], [blank USB flash drives] and [digital voice recorders] using the mark. .
"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
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9

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 Response to Office Action Form on behalf of the applicant.
The docket/reference number is SDC9102105.

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: CHEN FEI. CHEN FEI, is located at

      BAO AN DISTRICT
      HANGKONG ROAD.15, XIXIANG STREET
      SHENZHEN, 518126
      CN

The phone number is +86-15889467760.

The email address is sales@evistr.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 SDC9102105.

The phone number is 646-883-8008.

The email address is yi.wan@tbchadwick.com; docketing8@tbchadwick.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
In response to the Additional Information and Documentations required by the Office, Applicant hereby submits the attached statement, screenshots of Amazon.com retail listings, and an invoice.

JPG file(s):
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Original PDF file:
mis-17382177210-20191022043239819149_._Applicant_s_Statement_EVISTA.pdf
Converted PDF file(s) ( 6 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6

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: /Chen Fei/      Date: 10/22/2019
Signatory's Name: Chen Fei
Signatory's Position: Owner

Response Signature
Signature: /Yi Wan/     Date: 10/22/2019
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.

Mailing Address:    CHEN FEI
   
   BAO AN DISTRICT
   HANGKONG ROAD.15, XIXIANG STREET
   SHENZHEN, 518126
Mailing Address:    Yi Wan
   Law Office of Yi Wan
   Suite 800
   100 Church Street
   New York,, New York 10007
        
Serial Number: 88240568
Internet Transmission Date: Tue Oct 22 04:39:32 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910220439327
53250-88240568-6103892698d82eaaabfc7c46e
8a5c45764caff2c6bdc5d9e287d652eac284c8f-
N/A-N/A-20191022043239819149