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. 88250465 MERMAID(Standard Characters, see http://uspto.report/TM/88250465/mark.png) has been amended as follows:

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

my answers. (1) How are applicant?s goods sold? Specify the retail, wholesale, or other sales environment in which the goods are sold. they are sold online through ebay.com, amazon.com and other websites,uncluding sales from facebook,instagram etc, retail is mainly for online, wholesale for fashion business eg, Snow design co. in Raleigh,NC. (2) Please provide copies of invoices, bills of sale, or other documentation of sales of the goods. see attachment file. (3) Was the specimen created for submission with this application? yes. (4) Does the specimen show applicant?s product as it is currently being sold to consumers? yes. (5) How do applicant?s goods appear in the actual sales environment? If sold in stores, provide photos showing the goods for sale in the stores. If sold online, identify the websites and provide copies of the webpages showing the goods for sale. And if sold in another type of sales environment, provide photos and/or documentation showing the goods for sale in that environment. sale on ebay, amazon etc, see attachment screen capture of selling page . (6) If the information in question (5) about how the goods appear in the actual sales environment is not available to applicant, then please describe how applicant?s goods are transported for sale and provide photos and other documentation showing how applicant?s mark appears on the goods and/or its packaging when the goods are being transported for sale. see question 5 and review attachment.

EVIDENCE
Evidence in the nature of 1. answer to attorneys 6 questions. 2. wholesale invoice of sunglasses to snow design co. 3.screen capture of ebay selling pages. has been attached.
Original PDF file:
evi_1-1071513240-20190907224155039838_._trademarkincommerce.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Batteries; Batteries for lighting; Batteries, electric; Battery cases; Battery charge devices; Battery chargers; Battery chargers for use with telephones; Eyewear; Headphones; Power adapters; Power supplies; Speaker microphones; Sunglass lenses; Sunglasses; Sunglasses and spectacles; Audio speakers; Bass speakers; Chargers for batteries; Electric batteries; Electric power converters; Game headphones; High tension batteries; Loud speaker systems; Loud speakers; Music headphones; Spectacles and sunglasses; Sports eyewear; Wireless speakers
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 04/01/2014 and first used in commerce at least as early as 04/01/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Sunglasses; Batteries; Batteries for lighting; Batteries, electric; Battery cases; Battery charge devices; Battery chargers; Battery chargers for use with telephones; Eyewear; Headphones; Power adapters; Power supplies; Speaker microphones; Sunglass lenses; Sunglasses and spectacles; Audio speakers; Bass speakers; Chargers for batteries; Electric batteries; Electric power converters; Game headphones; High tension batteries; Loud speaker systems; Loud speakers; Music headphones; Spectacles and sunglasses; Sports eyewear; Wireless speakersClass 009 for Sunglasses;Batteries; Batteries for lighting; Batteries, electric; Battery cases; Battery charge devices; Battery chargers; Battery chargers for use with telephones; Eyewear; Headphones; Power adapters; Power supplies; Speaker microphones; Sunglass lenses; Sunglasses and spectacles; Audio speakers; Bass speakers; Chargers for batteries; Electric batteries; Electric power converters; Game headphones; High tension batteries; Loud speaker systems; Loud speakers; Music headphones; Spectacles and sunglasses; Sports eyewear; Wireless speakers
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 04/01/2014 and first used in commerce at least as early as 04/01/2014 , 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 mens sunglasses in case. .
"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

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: /j l/      Date: 09/07/2019
Signatory's Name: JIANGANG LAN
Signatory's Position: owner
Signatory's Phone Number: 9192601891


Response Signature
Signature: /j l/     Date: 09/07/2019
Signatory's Name: JIANGANG LAN
Signatory's Position: owner

Signatory's Phone Number: 9192601891

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88250465
Internet Transmission Date: Sat Sep 07 23:11:03 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019090723110352
8835-88250465-610876ca00a2123247990aad1d
6c2feb52b298167292d5b250cd3ebe786285f2-N
/A-N/A-20190907224155039838