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. 88244981 BAWANFA(Standard Characters, see http://uspto.report/TM/88244981/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 amplifiers; Audio headphones; Audio mixers; Audio speakers; Audio tape recorders; Battery chargers; Blank USB cards; Camera flashes; Camera hoods; Cameras; Carrying cases for cell phones; Cell phone cases; Cell phone covers; Cell phone straps; Cell phones; Chargers for batteries; Computer mouse; Digital phones; Ear phones; Headphones; Internet phones; Keyboards; Keyboards for mobile phones; Mobile phone straps; Mobile phones; Music headphones; Stereo headphones; USB cables; USB cables for cellphones; USB card readers; USB hubs; Video phones
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 06/12/2014 and first used in commerce at least as early as 07/23/2014 , and is now in use in such commerce.

Proposed: Class 009 for Audio amplifiers; Audio headphones; Audio mixers; Audio speakers; Audio tape recorders; Battery chargers; Blank USB cards; Camera flashes; Camera hoods; Cameras; Carrying cases for cell phones; Cell phone cases; Cell phone covers; Cell phone straps; Cell phones; Chargers for batteries; Computer mouse; Digital phones; Ear phones; Headphones; Internet phones; Keyboards; Keyboards for mobile phones; Mobile phone straps; Mobile phones; Music headphones; Stereo headphones; USB cables; USB cables for cellphones; USB card readers; USB hubs; Video phones
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 06/12/2014 and first used in commerce at least as early as 07/23/2014 , 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 BAWANFA trade mark use in commerce .
"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 ZhiHua Han. ZhiHua Han, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      7710 80th PL SE
      Mercer Island, Washington 98040
      United States
to submit this Request for Reconsideration after Final Action on behalf of the applicant.

The email address is josh@wen-ip.com

ZhiHua Han submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: Fan Meng. Fan Meng of Fan Meng, is located at

      77 Monarch Dr
      Buffalo, New York 14226
      US

The phone number is +86-18318035008.

The email address is bjspbrand@126.com; bjspbrand@126.com

The applicants proposed correspondence information: ZhiHua Han. ZhiHua Han, is located at

      7710 80th PL SE
      Mercer Island, Washington 98040
      United States

The email address is josh@wen-ip.com; baijin@wen-ip.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: /ZhiHua Han/      Date: 08/15/2019
Signatory's Name: /ZhiHua Han/
Signatory's Position: Attorny of record, Washington State bar member

Request for Reconsideration Signature
Signature: /ZhiHua Han/     Date: 08/15/2019
Signatory's Name: /ZhiHua Han/
Signatory's Position: Attorny of record, Washington State bar member

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:    Fan Meng
   Fan Meng
   
   77 Monarch Dr
   Buffalo, New York 14226
Mailing Address:    ZhiHua Han
   7710 80th PL SE
   Mercer Island, Washington 98040
        
Serial Number: 88244981
Internet Transmission Date: Thu Aug 15 02:37:45 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.X-2019081502374562
4202-88244981-61042d6362cf3bcd3daac9a2da
4a2ad825fe4d69e931c96cf985bde7da494e2146
-N/A-N/A-20190815023614223669