TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88333457 SWAN (Stylized and/or with Design, see http://uspto.report/TM/88333457/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of China registration number 4253928 registered 09/14/2007, with a renewal date of 09/13/2017 and an expiration date of 09/13/2027, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_1151712449-233823094_._Certificate_of_SWAN_in_China_No._4253928_.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
Comment(s)/Remark(s):

The Swan trademark is a brand owned by our company Jiangsu Swan Musical Instrument Co., Ltd

and was one well-known trademark in China. Please refer to http://www.harmonicas.com.cn/en/.

SWAN was registered in China on September 14, 2017.And was registered in WIPO on February 12, 2018.

The prior applicant Xu Xiaosong of 88182456, as one Chinese, is engaged in the sale of musical instruments. Of course, he well known the products of the SWAN are produced by our company.

Because he can not to file the SWAN trademark application in class 15 on musical instrument in China. So he will focus on the filing in United States.

We have designated the trademark application in United States through Madrid application, but have not respond the office action in time.

Xu Xiaosong knew all very well and then submitted the SWAN trademark application to the USPTO. The application serial number is 88182456.

Now the above trademark has become the cited trademark for our trademark 88333457.

We have contacted Xu Xiaosong and informed that the ownership of the trademark SWAN is Jiangsu Swan Musical Instrument Co., Ltd., but not Xu xiaosong. However, his application was public now, so he refused to transfer the above trademark to our company.

We hereby appeal that the SWAN trademark applied by Xu Xiaosong is obviously malicious and requests to cancel the application of 88182456. Because the evidences of use provided by the applicant when submitting the application were forged evidences, the examiner should further verify them. Because we told him that he infringed on our trademark rights, Xu Xiaosong himself stated that there was no real use in United States, and the evidences submitted has been revised.

Please also refer to the evidences of the actual use of our trademark on related products. Evidence of use includes actual sales photos, sales invoices, and customs declarations on Amazon.

Original PDF file:
FRR_1151712449-233823094_._Customs_declaration_and_invoice_and_Amazon_sales_photos.pdf
Converted PDF file(s) (7 pages)
Foreign Remark File1
Foreign Remark File2
Foreign Remark File3
Foreign Remark File4
Foreign Remark File5
Foreign Remark File6
Foreign Remark File7
Original PDF file:
FRR_1151712449-233823094_._WIPO-1404259_Swan__.pdf
Converted PDF file(s) (2 pages)
Foreign Remark File1
Foreign Remark File2

Response Suspension Inquiry Signature
Signature: /Chen hongmei/     Date: 06/24/2019
Signatory's Name: Chen hongmei
Signatory's Position: Principal

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 applicant or (2) a person(s) with legal authority to bind the applicant; 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: 88333457
Internet Transmission Date: Mon Jun 24 00:35:18 EDT 2019
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.X-2019062400351842
7234-88333457-620e67ab133d87621660e15439
6686fe74852ef284a226d38b3c7c2bca87ba5e3-
N/A-N/A-20190623233823094014