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. 88247759 YVETTE(Standard Characters, see http://uspto.report/TM/88247759/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Both marks share the word YVETTE, but the two marks are different in appearance. The trademark name YVETTE MCQUEEN MD reminds customers of the trademark owner Yvette McQueen MD PA. And the goods of class 21 are different. The applied-for trademark's goods are glass bottles for refrigerating at home. The YVETTE MCQUEEN MD's water bottles sold empty are collapsible reusable 16 oz water bottles for the travelers. Please see the attachment of Yvette McQueen MD PA's homepage. REPLY TO REQUEST FOR INFORMATION ABOUT YVETTE, a particular, living individual?namely, "applicant's baby daughter". : 1) Is name of the particular, living individual a minor under the age of 18?--------Yes 2) Is applicant the parent or legal guardian to the minor in question?--------Yes 3) Can the minor in question validly enter into binding legal obligations and can sue or be sued, pursuant to the state law of California?--------Yes

EVIDENCE
Evidence in the nature of The bottle Yvette McQueen MD PA's homepage has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Containers for household use, namely, glass bulbs; Complete Set Of Cups, Bowls and Dishes; ceramics for household purposes; china ornaments; candle drip rings; Non-electric candelabras; Candlestick; brushes; toothpicks; steel wool for cleaning; crystal; feeding troughs; fly swatters; cosmetic utensils, namely, Empty cosmetic case; refrigerating bottles, namely, Empty Glass bottles
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 09/01/2018 and first used in commerce at least as early as 09/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Containers for household use, namely, glass bulbs; Complete Set Of Cups, Bowls and Dishes; Complete set of cups, bowls, and dishes; ceramics for household purposes; Ceramic figurines for household purposes; china ornaments; candle drip rings; non-electric candelabras; candlestick; brushes; Hair brushes; toothpicks; steel wool for cleaning; crystal; Decorative crystal prisms; feeding troughs; fly swatters; cosmetic utensils, namely, Empty cosmetic case; Refrigerating bottles, namely, glass water bottles sold empty; refrigerating bottles, namely, Empty Glass bottlesClass 021 for Containers for household use, namely, glass bulbs; Complete set of cups, bowls, and dishes; Ceramic figurines for household purposes;china ornaments; candle drip rings; non-electric candelabras; candlestick; Hair brushes; toothpicks; steel wool for cleaning; Decorative crystal prisms; feeding troughs; fly swatters; Refrigerating bottles, namely, glass water bottles sold empty
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 09/01/2018 and first used in commerce at least as early as 09/01/2018 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies YVETTE, whose consent(s) to register is made of record.
Consent File1

SIGNATURE(S)
Response Signature
Signature: /Xin Yan/     Date: 04/18/2019
Signatory's Name: Xin Yan
Signatory's Position: General Manager

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88247759
Internet Transmission Date: Wed Apr 17 22:28:13 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201904172228130
75635-88247759-620bf1e22d62ec0eaf0c1c2f8
b117cb6b5e968971e77d5ac8e56888f38910bf29
db-N/A-N/A-20190417215408303564