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:

Mermaid Glasses response please read the pdf file to get the full info include photos, info here is text only and not fully visible. thank you. (1)???????Identify the particular good(s) listed in the application for which the specimen(s) was submitted to show use of the mark. Yes, Men?s sunglasses, sell on ebay.com. (2)???????Was the specimen created for submission with this application???If so, specify the date each specimen was created.?? Yes. Specimen was created in 03/05/2018. ? (3)???????Provide information about and examples of how applicant?s goods appear in the actual sales environment. Very simple, Sell on ebay.com ( http://www.ebay.com/itm//183944643283 http://www.ebay.com/itm/183544933159 ) and other website, official web is under construction. You can see real sale environment from the link. See screen captures in following pages. ? (4)???????If the information in question (3) about how the goods appear in the actual sales environment is not available to applicant, please describe how applicant?s goods are sold or transported and provide photographs and other documentation showing how applicant?s mark appears on the goods and/or its packaging when the goods are sold or transported to or within the United States. See answer of question 3. ? (5)???????For each category of sales environment specified in response to questions (3) and (4), specify when the goods bearing the mark were first available for purchase within the United States, the date of the first sale of the goods to or within the United States, and whether the goods are still for sale to or within the United States in that environment. The First day of sales which bear the mark is Jan-12-17 20:12:47, you can double check my selling history link, here http://ebay.to/2lSu45P or http://offer.ebay.com/ws/eBayISAPI.dll? ViewBidsLogin&item=172484434374&rt=nc&_trksid=p2047675.l2564, this product is still available online and customer can place order now. ? (6)???????For the goods identified in response to question (1), specify the dollar amount of sales with or within the United States and provide at least three invoices or other supporting documentation that show payments or other consideration made, redacting personal or private information of buyers as necessary. Sure see Sell invoice below. Selling link and screen capture, please double check http://www.ebay.com/itm//183944643283 Selling page and screen capture, please double check http://www.ebay.com/itm/183544933159 Selling page and screen capture, please double check. http://www.ebay.com/itm/172484434374 REQUEST FOR INFORMATION ABOUT DOMICILE REQUIREMENT (2) A current valid homeowner?s, renter?s, or motor vehicle insurance policy; or see attchment photos of my ultility bill of my home (2525 booker creek rd APT 4A CHAPEL HILL NC 27514). the address (108 W ROSEMARY ST CHAPEL HILL, NC 27516) is my office address. GEICO CAR INSURANCE POLICY photo and car registry info. INTERNET BILL. HOUSE ULTILITY BILL (WATER& TRASH). FEEL FREE TO DOUBLE CHECK.

EVIDENCE
Evidence in the nature of response and answer to all the questions, including photos of evidence. and please double check. has been attached.
Original PDF file:
evi_1071513240-20190926175417814286_._Mermaid_glasses_response.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 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
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: Class 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 specimen, oversize sunglasses for men, .
"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: 09/26/2019
Signatory's Name: JIANGANG LAN
Signatory's Position: OWNER
Signatory's Phone Number: 9192601891


Response Signature
Signature: /J L/     Date: 09/26/2019
Signatory's Name: JIANGNAG 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: Thu Sep 26 18:00:59 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019092618005932
9901-88250465-610517eb16644039dcb5ceabcc
9d8321cdbd929fac18063a898f39da66e281a-N/
A-N/A-20190926175417814286