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. 88343556 DELIVEROO(Standard Characters, see http://uspto.report/TM/88343556/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Beauty masks; Cologne water; Cosmetic pencils; Cosmetic preparations for baths; Cosmetics; Cosmetics for animals; Cotton wool for cosmetic purposes; Cream for whitening the skin; Dentifrices; Deodorants for human beings or for animals; Depilatories; Depilatory preparations; Eau de cologne; Eyebrow cosmetics; Eyeshadows; False nails; False eyelashes; Hair colorants; Hair dyes; Hair straightening preparations; Lipsticks; Lotions for cosmetic purposes; Make-up powder; Make-up preparations; Nail care preparations; Nail polish; Nail varnishes; Perfumes; Sachets for perfuming linen; Skin whitening creams; Spray cleaners for freshening athletic mouth guards; Cotton sticks for cosmetic purposes
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 11/14/2018 and first used in commerce at least as early as 11/14/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Beauty masks; Cologne water; Cosmetic pencils; Cosmetics; Cosmetic preparations for baths; Cotton wool for cosmetic purposes; Cream for whitening the skin; Cosmetics for animals; Dentifrices; Depilatory preparations; Eyebrow cosmetics; Eyeshadows; Deodorants for human beings or for animals; False nails; Depilatories; False eyelashes; Hair colorants; Eau de cologne; Lipsticks; Make-up powder; Perfumes; Cotton sticks for cosmetic purposes; Hair dyes; Hair straightening preparations; Lotions for cosmetic purposes; Make-up preparations; Nail care preparations; Nail polish; Nail varnishes; Sachets for perfuming linen; Skin whitening creams; Spray cleaners for freshening athletic mouth guardsClass 003 for Beauty masks; Cosmetic pencils; Cosmetics; Cotton wool for cosmetic purposes; Cream for whitening the skin; Dentifrices; Depilatory preparations; Eyebrow cosmetics; Eyeshadows; False nails; False eyelashes; Hair colorants; Lipsticks; Make-up powder; Perfumes; Cotton sticks for cosmetic purposes
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 11/14/2018 and first used in commerce at least as early as 11/14/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 003. The specimen(s) submitted consists of Applicant hereby submits one(or more) specimen(s) for Class 003. The substitute specimen was in use in commerce continuously in commerce regulated by the United States since the application filing date. Please see the date first listed on Amazon: November 14, 2018..
"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].
Original PDF file:
SPU0-60246192131-20200522 050033623687_._elashes_La shes_UK_Seller__A20-5_Pai rs___Home_Audio___Theater.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._AFL6K2_2.PDF
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._emium_Acti vated_Bamboo_Charcoal_Pow der__Home_Audio___Theater.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_.__Double_Po inted_Cotton_Buds_for_Mak eup__Home_Audio___Theater.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._ACUWMW_R.PDF
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._ASVH7P_Q.PDF
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._AFX6PL_T.PDF
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._A3IHE7_C.PDF
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._host_Eau_D e_Toilette_for_Women__100 _ml__Home_Audio___Theater.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._A2NRV1_3.PDF
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._er_for_Set ting_Makeup_or_as_Foundat ion__Home_Audio___Theater.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._A3NYNM_I.PDF
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._AH0G4M_H.PDF
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._ebrow_Penc il_Cosmetics_Makeup_Tool_ New__Home_Audio___Theater.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-60246192131-20200522 050033623687_._oo_Color_S ensational_Loaded_Bold_Go ne_Greige_893_Accessories.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2
Original PDF file:
SPU0-60246192131-20200522 050033623687_._er___Brush _Set__Black__12288___6531 4____Home_Audio___Theater.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4

ADDITIONAL STATEMENTS
Miscellaneous Statement
(1)The particular goods listed in the application for which the specimens were submitted to show use of the mark were Beauty masks; Cosmetic pencils; Cosmetics; Cotton wool for cosmetic purposes; Cream for whitening the skin; Dentifrices; Depilatory preparations; Eyebrow cosmetics; Eyeshadows; False nails; False eyelashes; Hair colorants; Lipsticks; Make-up powder; Perfumes; Cotton sticks for cosmetic purposes. (2) The specimen was not created for submission with this application. The applicant is the online retailer and producer. (3) Applicant's goods are sold online, please see the websites and copies of the web pages showing the goods for sale. (1) Beauty masks http://www.amazon.com/dp/B087TF3MP7?ref=myi_title_dp (3) Cosmetic pencils http://www.amazon.com/dp/B087TCW27K?ref=myi_title_dp (5) Cosmetics http://www.amazon.com/dp/B087TM4HR9?ref=myi_title_dp (7) Cotton wool for cosmetic purposes http://www.amazon.com/dp/B087T3NNCC?ref=myi_title_dp (8) Cream for whitening the skin http://www.amazon.com/dp/B087TPWRBB?ref=myi_title_dp (9) Dentifrices http://www.amazon.com/dp/B087T5V2TY?ref=myi_title_dp (12) Depilatory preparations http://www.amazon.com/dp/B087T4QWL2?ref=myi_title_dp (14) Eyebrow cosmetics http://www.amazon.com/dp/B087TR3ZF2?ref=myi_title_dp (15) Eyeshadows http://www.amazon.com/dp/B087TK2753?ref=myi_title_dp (16) False nails http://www.amazon.com/dp/B087TB92PJ?ref=myi_title_dp (17) False eyelashes http://www.amazon.com/dp/B087TGDLN5?ref=myi_title_dp (18) Hair colorants http://www.amazon.com/dp/B087THW49F?ref=myi_title_dp (21) Lipsticks http://udvb.com/deliveroo-color-sensational-loaded-bold-gone-greige-893-p0582.html (23) Make-up powder http://www.amazon.com/dp/B087T8SPJH?ref=myi_title_dp (28) Perfumes http://www.amazon.com/dp/B087TQ7T1G?ref=myi_title_dp (29) Cotton sticks for cosmetic purposes. http://www.amazon.com/dp/B087TCPJX2?ref=myi_title_dp (5) 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 on November 14, 2018 and the goods are still currently for sale to consumers in U.S. commerce. Please see the specimen shows that the date first available on Amazon was on November 14, 2018. (6)The dollar amount of sales with or within the United States are from $5.99 to $21.99. Please see the copies of orders of sales of the goods and specimens of customer review from Amazon that show payments or other consideration made.

Miscellaneous File1
Miscellaneous File2
Miscellaneous File3

The owner's/holder's proposed attorney information:  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 1-573-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):
      QIRONG GUO
      PRIMARY EMAIL FOR CORRESPONDENCE: jiteteam@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): jetstile168@outlook.com

The docket/reference number is 1-573-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: 05/28/2020
Signatory's Name: Reddy, Devasena
Signatory's Position: Attorney of record, California Bar member

Response Signature
Signature: /Devasena Reddy/     Date: 05/28/2020
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:    QIRONG GUO
   
   
   401 NORTH TRYON ST #1132
   CHARLOTTE, North Carolina 28202
Mailing Address:    Devasena Reddy
   1570 Heritage Bay Drive
   San Jose, California 95138
        
Serial Number: 88343556
Internet Transmission Date: Thu May 28 08:29:41 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2020052808294113
1140-88343556-710c39bd8909111916abdcb538
7a946fe338c8aa2f1d68352ddc69b88767e6fca0
-N/A-N/A-20200528082335937315