Response to Office Action

MARION BELL

Jiang Yu

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88257610
LAW OFFICE ASSIGNED LAW OFFICE 121
MARK SECTION
MARK http://uspto.report/TM/88257610/mark.png
LITERAL ELEMENT MARION BELL
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
LEGAL ENTITY SECTION (current)
TYPE limited partnership
STATE/COUNTRY WHERE LEGALLY ORGANIZED China
LEGAL ENTITY SECTION (proposed)
TYPE individual
COUNTRY OF CITIZENSHIP China
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 014
DESCRIPTION
Necklace and earring combinations that can be worn separately or as one piece
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/24/2018
        FIRST USE IN COMMERCE DATE At least as early as 12/24/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 014
DESCRIPTION
Necklace and earring combinations that can be worn separately or as one piece
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/24/2018
       FIRST USE IN COMMERCE DATE At least as early as 12/24/2018
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\882\576\88257610\xml4\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\882\576\88257610\xml4\ ROA0003.JPG
       SPECIMEN DESCRIPTION Photographs of Applicant's product packaging showing use of the mark in commerce
ADDITIONAL STATEMENTS SECTION
NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.
MISCELLANEOUS STATEMENT Applicant is submitting additional specimens that should speak for themselves and should not require any additional information as they are photographs of Applicant's product packaging used to sell the jewelry products
NEW ATTORNEY SECTION
NAME Adriano Pacifici
FIRM NAME Intellectual Property Consulting, LLC
INTERNAL ADDRESS Suite B
STREET 334 Carondelet Street
CITY New Orleans
STATE Louisiana
ZIP/POSTAL CODE 70130
COUNTRY United States
PHONE 504-323-6600
EMAIL apacifici@iplawconsulting.com
AUTHORIZED EMAIL COMMUNICATION Yes
CORRESPONDENCE SECTION
ORIGINAL ADDRESS JIANG YU
JIANG YU
3B-12 BLOCK,ZHONGHAI KANGCHENG GARDEN
SHENZHEN
CN
518000
NEW CORRESPONDENCE SECTION
NAME Adriano Pacifici
FIRM NAME Intellectual Property Consulting, LLC
INTERNAL ADDRESS Suite B
STREET 334 Carondelet Street
CITY New Orleans
STATE Louisiana
ZIP/POSTAL CODE 70130
COUNTRY United States
PHONE 504-323-6600
EMAIL apacifici@iplawconsulting.com;trademarks@iplawconsulting.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /Jiang Yu/
SIGNATORY'S NAME Jiang Yu
SIGNATORY'S POSITION General Manager
SIGNATORY'S PHONE NUMBER +86-18123843763
DATE SIGNED 04/08/2019
RESPONSE SIGNATURE /APacifici/
SIGNATORY'S NAME Adriano Pacifici
SIGNATORY'S POSITION Attorney of record, Louisiana bar member
SIGNATORY'S PHONE NUMBER 504-323-6600
DATE SIGNED 04/08/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Apr 08 12:26:22 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190408122622301085-8825
7610-620329c767fa639911dd
d63937969414c32f2bc2687c6
bb97dcb3197c0d8c54ddd-N/A
-N/A-20190408121840612395



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. 88257610 MARION BELL(Standard Characters, see http://uspto.report/TM/88257610/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 014 for Necklace and earring combinations that can be worn separately or as one piece
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 12/24/2018 and first used in commerce at least as early as 12/24/2018 , and is now in use in such commerce.

Proposed: Class 014 for Necklace and earring combinations that can be worn separately or as one piece
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 12/24/2018 and first used in commerce at least as early as 12/24/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 014 . The specimen(s) submitted consists of Photographs of Applicant's product packaging showing use of the mark 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

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Jiang Yu, a limited partnership having an address of
      3B-12 Block,Zhonghai kangcheng Garden
      Shenzhen, 518000
      China

      XXXX (authorized)
      +86-18123843763
Proposed: Jiang Yu, a citizen of China, having an address of
      3B-12 Block,Zhonghai kangcheng Garden
      Shenzhen, 518000
      China
      XXXX (authorized)
      +86-18123843763

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Adriano Pacifici of Intellectual Property Consulting, LLC, having an address of
Suite B 334 Carondelet Street New Orleans, Louisiana 70130
United States
apacifici@iplawconsulting.com
504-323-6600


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
JIANG YU
JIANG YU
3B-12 BLOCK,ZHONGHAI KANGCHENG GARDEN
SHENZHEN
CN
518000

Proposed:
Adriano Pacifici of Intellectual Property Consulting, LLC, having an address of
Suite B 334 Carondelet Street New Orleans, Louisiana 70130
United States
apacifici@iplawconsulting.com;trademarks@iplawconsulting.com
504-323-6600



ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


Miscellaneous Statement
Applicant is submitting additional specimens that should speak for themselves and should not require any additional information as they are photographs of Applicant's product packaging used to sell the jewelry products


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: /Jiang Yu/      Date: 04/08/2019
Signatory's Name: Jiang Yu
Signatory's Position: General Manager
Signatory's Phone Number: +86-18123843763


Response Signature
Signature: /APacifici/     Date: 04/08/2019
Signatory's Name: Adriano Pacifici
Signatory's Position: Attorney of record, Louisiana bar member

Signatory's Phone Number: 504-323-6600

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Adriano Pacifici
   Intellectual Property Consulting, LLC
   Suite B
   334 Carondelet Street
   New Orleans, Louisiana 70130
        
Serial Number: 88257610
Internet Transmission Date: Mon Apr 08 12:26:22 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904081226223
01085-88257610-620329c767fa639911ddd6393
7969414c32f2bc2687c6bb97dcb3197c0d8c54dd
d-N/A-N/A-20190408121840612395


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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