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)

---

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. 88247881 QUKADARK(Standard Characters, see http://uspto.report/TM/88247881/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for Christmas tree decorations; Dolls; Jigsaw puzzles; Marionettes; Novelty toys for playing jokes; Parlor games; Party favors in the nature of small toys; Plush toys; Puppets; Smart robot toys; Snow globes; Toy fireworks; Toy cars; Toy for pets; Toy robots; Toy vehicles; Artificial snow for Christmas trees; Bells for Christmas trees; Building games; Candle holders for Christmas trees; Carnival masks; Christmas tree stands; Christmas trees of synthetic material; Parlour games; Remote-controlled toy vehicles; Toy building blocks; Toy drones
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 12/02/2018 and first used in commerce at least as early as 12/02/2018 , and is now in use in such commerce.


Proposed:
Class 028 for Christmas tree decorations; Dolls; Jigsaw puzzles; Marionettes; Novelty toys for playing jokes; Parlor games; Party favors in the nature of small toys; Plush toys; Puppets; Smart robot toys; Snow globes; Toy fireworks; Toy cars; Toy for pets; Toy robots; Toy vehicles; Artificial snow for Christmas trees; Bells for Christmas trees; Building games; Candle holders for Christmas trees; Carnival masks; Christmas tree stands; Christmas trees of synthetic material; Parlour games; Remote-controlled toy vehicles; Toy building blocks; Toy drones
Deleted Filing Basis: 1(a)
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Houquan Zuo, a citizen of China, having an address of

            Wangji Street, Xinzhou District      No.1, Group 6, Zuoxiwan,Wangwa Village
      Wuhan, 430000
      China
      Email Address: XXXX
      +86-02081890903
Proposed: Zhang Cailan, a citizen of China, having an address of
      No.15 Liantang Group,Yangliu Village
      Committee,Lankou Town,Dongyuan County
      Guangdong Province, 517500
      China
      Email Address: XXXX
      +86-13662633700

The owner's/holder's proposed attorney information: Andrew Morabito. Andrew Morabito, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO Box 187
      East Rochester, New York 14445
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is MANL.TM.50.
      The phone number is 585-586-5770.
      The fax number is 585-383-1496.
      The email address is andrew@morabitolawoffice.com

Andrew Morabito 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.Correspondence Information (current):
      Houquan Zuo
      PRIMARY EMAIL FOR CORRESPONDENCE: dmtm2018@outlook.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Andrew Morabito
      PRIMARY EMAIL FOR CORRESPONDENCE: andrew@morabitolawoffice.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tm@manluens.com

The docket/reference number is MANL.TM.50.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Andrew Morabito/      Date: 02/26/2020
Signatory's Name: Andrew Morabito
Signatory's Position: attorney
Signatory's Phone Number: 585-586-5770


Response Signature
Signature: /Andrew Morabito/     Date: 02/26/2020
Signatory's Name: Andrew Morabito
Signatory's Position: attorney

Signatory's Phone Number: 585-586-5770

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:    Houquan Zuo
   
   
   1031 S PALMETTO AVE UNIT T3
   ONTARIO, California 91762
Mailing Address:    Andrew Morabito
   PO Box 187
   East Rochester, New York 14445
        
Serial Number: 88247881
Internet Transmission Date: Wed Feb 26 01:37:00 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020022601370088
9377-88247881-710e61e17e7788abfc1f03e2a1
f8e1577ccb955ce4c2a725332382258d5a774f68
-N/A-N/A-20200226013451894275