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. 88270184 YJFWAL(Standard Characters, see http://uspto.report/TM/88270184/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 011 for Battery-operated night lights; Candle lamps; Electric holiday lights; Electric lights for Christmas trees; Fairy lights for festive decoration; Lamps for festive decoration; Lamps for outdoor use; LED light strips for decorative purposes; LED luminaires; Lighted party-themed decorations, electric light decorative strings; Outdoor lighted Christmas-themed ornaments; Solar light fixtures, namely, indoor and outdoor solar powered lighting units and fixtures
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.

In International Class 011, the mark was first used at least as early as 07/15/2019 and first used in commerce at least as early as 07/15/2019.


Proposed:

Tracked Text Description: Battery-operated night lights; Candle lamps; Electric holiday lights; Electric lights for Christmas trees; Fairy lights for festive decoration; Lamps for festive decoration; LED light strips for decorative purposes; Lamps for outdoor use; Lighted party-themed decorations, electric light decorative strings; Outdoor lighted Christmas-themed ornaments; LED luminaires; Solar light fixtures, namely, indoor and outdoor solar powered lighting units and fixturesClass 011 for Battery-operated night lights; Candle lamps; Electric holiday lights; Electric lights for Christmas trees; Fairy lights for festive decoration; LED light strips for decorative purposes; Lighted party-themed decorations, electric light decorative strings; Outdoor lighted Christmas-themed ornaments; Solar light fixtures, namely, indoor and outdoor solar powered lighting units and fixtures

Deleted Filing Basis: 1(b)
In International Class 011, the mark was first used at least as early as 00/00/0000 . and first used in commerce at least as early as 00/00/0000 .

In International Class 011, the mark was first used at least as early as 00/00/0000 and first used in commerce at least as early as 00/00/0000.


"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
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Specimen File5
Specimen File6
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Specimen File11
Specimen File12
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Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19
Specimen File20

ADDITIONAL STATEMENTS
Miscellaneous Statement
(1) Identify the particular good(s) listed in the application for which the specimen(s) was submitted to show use of the mark. Battery-operated night lights; Candle lamps; Electric holiday lights; Electric lights for Christmas trees; Fairy lights for festive decoration; LED light strips for decorative purposes; Lighted party-themed decorations, electric light decorative strings; Outdoor lighted Christmas-themed ornaments; Solar light fixtures, namely, indoor and outdoor solar powered lighting units and fixtures (2) Was the specimen created for submission with this application? If so, specify the date each specimen was created. If applicant obtained the image(s) of the goods shown in the specimen(s) from a third-party website, provide the URL of the website and a digital copy of relevant webpage(s) for each image. NO (3) Provide information about and examples of how applicant's goods appear in the actual sales environment. Sold online. Please check out the following links: 1'Battery-operated night lights http://www.amazon.com/Wireless-Control-Cabinet-Lighting-Battery/dp/B083PWZJ4R 2'Candle lamps http://www.amazon.com/dp/B083SGHLRK 3'Electric holiday lights http://www.amazon.com/YJFWAL-Waterproof-Decoration-Christmas-Decorations/dp/B07YWM6SKH 4'Electric lights for Christmas trees http://www.amazon.com/Christmas-Outdoor-Certified-Waterproof-Wedding/dp/B07YHCRGT7 5'Fairy lights for festive decoration http://www.amazon.com/YJFWAL-Changing-Curtain-Backdrop-Decoration/dp/B081SNMCVP http://www.amazon.com/Control-Firefly-Waterproof-Decorative-Festival/dp/B07Y6BLJH3 8'LED light strips for decorative purposes http://www.amazon.com/YJFWAL-Operated-Packs9-8FT-Replacement-Batteries/dp/B07WGTCR1X 11'Outdoor lighted Christmas-themed ornaments; and http://www.amazon.com/YJFWAL-Thanksgiving-Decorations-Garland-Waterproof/dp/B07YB582DM 12'Solar light fixtures, namely, indoor and outdoor solar powered lighting units and fixtures http://www.amazon.com/ARAn-Solar-Powered-Courtyard-Birthday-Decoration/dp/B07SRRWZST (a) If sold in stores, provide a representative sample of the name(s) of the stores and of photographs showing the goods for sale in the named stores, such as photographs of the sales displays or goods on shelves with the mark. (b) If sold online, provide a representative sample of the name(s) of the online retailers, the website URL(s) for each named retailer, and a digital copy of the webpages showing the goods for sale on the named website. (c) If sold in another type of sales environment (e.g., catalogs, trade shows), identify the environment and provide photographs and/or documentation showing the goods for sale in that environment. (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. (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. (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.

Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Correspondence Information (current):
      Elias Hantula
      PRIMARY EMAIL FOR CORRESPONDENCE: ehantula@icloud.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gentlestarinc@gmail.com
Correspondence Information (proposed):
      Elias Hantula
      PRIMARY EMAIL FOR CORRESPONDENCE: ehantula@icloud.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gentlestarinc@gmail.com

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: /ZHONG NAN/      Date: 02/19/2020
Signatory's Name: ZHONG NAN
Signatory's Position: Owner

Response Signature
Signature: /Elias Hantula/     Date: 02/19/2020
Signatory's Name: Elias Hantula
Signatory's Position: Attorney of record, New York Bar

Signatory's Phone Number: 6464410329

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:    Elias Hantula
   
   
   1 Washington square village #14df
   New York, New York 10012
Mailing Address:    Elias Hantula
   1 Washington square village #14df
   New York, New York 10012
        
Serial Number: 88270184
Internet Transmission Date: Wed Feb 19 10:25:01 ET 2020
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-202002191025016756
57-88270184-710ae854bf681432744912153ea7
ac0fa917ae8ed1bd9f339f7c89afdd9f1c99f-N/
A-N/A-20200219094634638961