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. 88335371 ROOR(Standard Characters, see http://uspto.report/TM/88335371/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 011 for Arc lamps; Automotive lighting headlights for vehicles; Bicycle lights; Ceiling lights; Chandeliers; Directional lights for bicycles; Discharge tubes, electric, for lighting; Electric flashlights; Electric lamps; Head torches; Lamp casings; Lamp mantles; Lamp shades; Lamps; Lampshade holders; LED light assemblies for street lights, signs, commercial lighting, automobiles, buildings, and other architectural uses; LED safety lamps; Light bulbs for directional signals for vehicles; Lighting apparatus for vehicles; Lighting apparatus, namely, lighting installations; Lighting installations for air vehicles; Lights for vehicles; Motorcycle lights; Portable headlamps; Safety lamps for underground use; Vehicle headlights; Vehicle reflectors
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 02/08/2019 and first used in commerce at least as early as 02/08/2019 , and is now in use in such commerce.


Proposed:
Class 011 for Arc lamps; Automotive lighting headlights for vehicles; Bicycle lights; Ceiling lights; Chandeliers; Directional lights for bicycles; Discharge tubes, electric, for lighting; Electric flashlights; Electric lamps; Head torches; Lamp casings; Lamp mantles; Lamp shades; Lamps; Lampshade holders; LED light assemblies for street lights, signs, commercial lighting, automobiles, buildings, and other architectural uses; LED safety lamps; Light bulbs for directional signals for vehicles; Lighting apparatus for vehicles; Lighting apparatus, namely, lighting installations; Lighting installations for air vehicles; Lights for vehicles; Motorcycle lights; Portable headlamps; Safety lamps for underground use; Vehicle headlights; Vehicle reflectors
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 02/08/2019 and first used in commerce at least as early as 02/08/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011. The specimen(s) submitted consists of Screenshots of third party seller, Amazon.com showing the Applied for Mark in use with the Applied for Goods namely, LED Electric lamp. The screenshots include the required URL and date stamp..
"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].
JPG file(s):Specimen File1Specimen File2Specimen File3
Original PDF file:
SPU0-104129168-2020083106 2914590706_._ROOR2.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4

ADDITIONAL STATEMENTS
Miscellaneous Statement
Do not need to change the owner information and filing basis. (1) How are applicant's goods sold? Specify the retail, wholesale, or other sales environment in which the goods are sold. The applicant's product has been sold on Amazon retailing to consumers. (2) Please provide copies of invoices, bills of sale, or other documentation of sales of the goods. The bills of sales was submited. See additional specimens supplied (3) Was the specimen created for submission with this application? NO. (4) Does the specimen show applicant's product as it is currently being sold to consumers? Yes. (5) How do applicant's goods appear in the actual sales environment? If sold in stores, provide photos showing the goods for sale in the stores. If sold online, identify the websites and provide copies of the webpages showing the goods for sale. And if sold in another type of sales environment, provide photos and/or documentation showing the goods for sale in that environment. The name(s) of the online retailers is ROOR. The website URL(s) :http://www.amazon.com/dp/B08GHDNRNZ?ref=myi_title_dp (6) If the information in question (5) about how the goods appear in the actual sales environment is not available to applicant, then please describe how applicant's goods are transported for sale and provide photos and other documentation showing how applicant's mark appears on the goods and/or its packaging when the goods are being transported for sale. This is not applicable.


The owner's/holder's proposed attorney information: Devasena Reddy. Devasena Reddy, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1570 Heritage Bay Drive
      San Jose, California 95138
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 60-2689-TUS.
      The email address is dr@kafiling.com

Devasena Reddy submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      KANGYI LI
      PRIMARY EMAIL FOR CORRESPONDENCE: dmtm2019@outlook.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Devasena Reddy
      PRIMARY EMAIL FOR CORRESPONDENCE: dr@kafiling.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tm60@kafiling.com

The docket/reference number is 60-2689-TUS.

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: /Devasena Reddy/      Date: 08/31/2020
Signatory's Name: Reddy, Devasena
Signatory's Position: Attorney of record, California Bar member

Response Signature
Signature: /Devasena Reddy/     Date: 08/31/2020
Signatory's Name: Reddy, Devasena
Signatory's Position: Attorney of record, California Bar member

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:    KANGYI LI
   
   
   1031 S PALMETTO AVE UNIT T3
   ONTARIO, California 91762
Mailing Address:    Devasena Reddy
   1570 Heritage Bay Drive
   San Jose, California 95138
        
Serial Number: 88335371
Internet Transmission Date: Mon Aug 31 11:35:24 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200831113524
106690-88335371-7509fd87d6636f1052f79b6c
67b58ab55d8969606fb7d5b95ed8a19baf90d190
3c-N/A-N/A-20200831113034334763