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. 88262991 MEBAK(Standard Characters, see http://uspto.report/TM/88262991/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 010 for Air cushions for medical purposes; Artificial breasts; Artificial limbs; Artificial teeth; Condoms; Electric acupuncture instruments; Feeding bottles; Gloves for medical purposes; Hearing aids; Massage apparatus; Medical apparatus and instruments for use in orthopedic surgery; Medical apparatus and instruments for use in surgery; Obstetric apparatus for cattle; Orthopaedic footwear; Orthopedic footwear; Orthopedic shoes; Radiological apparatus for medical purposes; Sex toys; Syringes for medical purposes and for injections; Thread, surgical; Goniometers for orthopaedic use; Surgical apparatus and instruments for medical, dental or veterinary use
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 10/01/2017 and first used in commerce at least as early as 11/01/2018 , and is now in use in such commerce.

Proposed: Class 010 for Air cushions for medical purposes; Artificial breasts; Artificial limbs; Artificial teeth; Condoms; Electric acupuncture instruments; Feeding bottles; Gloves for medical purposes; Hearing aids; Massage apparatus; Medical apparatus and instruments for use in orthopedic surgery; Medical apparatus and instruments for use in surgery; Obstetric apparatus for cattle; Orthopaedic footwear; Orthopedic footwear; Orthopedic shoes; Radiological apparatus for medical purposes; Sex toys; Syringes for medical purposes and for injections; Thread, surgical; Goniometers for orthopaedic use; Surgical apparatus and instruments for medical, dental or veterinary use
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 10/01/2017 and first used in commerce at least as early as 11/01/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 010 . The specimen(s) submitted consists of Pictures showing the mark is using in the commerce of Condom. 1: The applicant sold the goods on the web: http://www.crosstmall.com/Product/6312074657.html and 2: As it is sold online, please check the sales records and reviews by the link of http://www.crosstmall.com/Product/6312074657.html and 3: The specimen was not created for this application and is currently being sold to consumers. 4: Please check the screenshot of the web in the attachment. .
"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
Specimen File3

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: /Ren Shaobin/      Date: 07/24/2019
Signatory's Name: Ren Shaobin
Signatory's Position: owner

Response Signature
Signature: /Ren Shaobin/     Date: 07/24/2019
Signatory's Name: Ren Shaobin
Signatory's Position: owner

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: 88262991
Internet Transmission Date: Wed Jul 24 04:31:05 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907240431053
46703-88262991-620ae2df896f2a94114555490
3d6def3f64da2a4c729de4d865841dbdd9938982
9c-N/A-N/A-20190724041332958895