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. 88343707 FASOLA(Standard Characters, see http://uspto.report/TM/88343707/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The applicant has deleted the goods that would cause a likelihood of confusion with the referenced marks.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 024 for Acrylic fabrics; Adhesive fabric for application by heat; Baby bedding, namely, bundle bags, swaddling blankets, crib bumpers, fitted crib sheets, crib skirts, crib blankets, and diaper changing pad covers not of paper; Baby blankets that may be used with strollers, car seats; Bath linen; Bed sheets, fitted bed sheet covers, bed flat sheets, and pillow cases used in the bedding, health care, home-health care and nursing home industries made of biodegradable film created from renewable bio-polymer resources; Bed and table linen, wall hangings of textile; Blankets for household pets; Blankets for outdoor use; Fabric window coverings and treatments, namely, curtains, draperies, sheers, swags, valances; Fabrics that may or may not have printed patterns and designs thereon for use in textile applications, namely, the manufacture of apparel, upholstery, signage, flags, banners and wallpaper; Mattress pads; Moisture absorbent microfiber textile fabrics for use in the manufacture of athletic apparel, namely, shirts, pants, shorts, jackets, bags, towels and athletic uniforms; Mosquito nets; Pillow cases; Quilt covers; Reusable housebreaking pads of fabric for pets; Sleeping bags; Sleeping bags for babies; Sleeping bags for camping; Table pads; Textile napkins for removing make-up; Textile serviettes; Toilet tank covers made of fabric or fabric substitutes; Towels; Unfitted fabric furniture covers; Wrapping cloth for general purposes; Table napkins of textile
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 12/06/2017 and first used in commerce at least as early as 12/06/2017 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Acrylic fabrics; Baby bedding, namely, bundle bags, swaddling blankets, crib bumpers, fitted crib sheets, crib skirts, crib blankets, and diaper changing pad covers not of paper; Adhesive fabric for application by heat; Baby blankets that may be used with strollers, car seats; Bath linen; Bed sheets, fitted bed sheet covers, bed flat sheets, and pillow cases used in the bedding, health care, home-health care and nursing home industries made of biodegradable film created from renewable bio-polymer resources; Blankets for household pets; Blankets for outdoor use; Bed and table linen, wall hangings of textile; Mattress pads; Mosquito nets; Pillow cases; Fabric window coverings and treatments, namely, curtains, draperies, sheers, swags, valances; Quilt covers; Fabrics that may or may not have printed patterns and designs thereon for use in textile applications, namely, the manufacture of apparel, upholstery, signage, flags, banners and wallpaper; Sleeping bags; Sleeping bags for babies; Moisture absorbent microfiber textile fabrics for use in the manufacture of athletic apparel, namely, shirts, pants, shorts, jackets, bags, towels and athletic uniforms; Sleeping bags for camping; Table pads; Towels; Wrapping cloth for general purposes; Reusable housebreaking pads of fabric for pets; Textile napkins for removing make-up; Textile serviettes; Toilet tank covers made of fabric or fabric substitutes; Unfitted fabric furniture covers; Table napkins of textileClass 024 for Baby bedding, namely, bundle bags, swaddling blankets, crib bumpers, fitted crib sheets, crib skirts, crib blankets, and diaper changing pad covers not of paper; Baby blankets that may be used with strollers, car seats; Bath linen; Bed sheets, fitted bed sheet covers, bed flat sheets, and pillow cases used in the bedding, health care, home-health care and nursing home industries made of biodegradable film created from renewable bio-polymer resources; Blankets for household pets; Blankets for outdoor use; Mattress pads; Mosquito nets; Pillow cases; Quilt covers; Sleeping bags; Sleeping bags for babies; Sleeping bags for camping; Table pads; Towels; Wrapping cloth for general 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 12/06/2017 and first used in commerce at least as early as 12/06/2017 , and is now in use in such commerce.
The owner's/holder's proposed attorney information:  Jonathan G. Morton, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      6-3A1005,YI CHENG ZHONG XIN
      LONG HUA
      SHENZHEN, GUANGDONG, 518000
      China
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is ATJIU20-0121.
      The phone number is 305-764-9179.
      The email address is jmlawaotumanip@gmail.com

Jonathan G. Morton 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):
      PENG WEI
      PRIMARY EMAIL FOR CORRESPONDENCE: aotumanmark@hotmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Jonathan G. Morton
      PRIMARY EMAIL FOR CORRESPONDENCE: jmlawaotumanip@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): zhangariel69@gmail.com

The docket/reference number is ATJIU20-0121.

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)
Response Signature
Signature: /Jonathan G. Morton/     Date: 06/09/2020
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record

Signatory's Phone Number: 305-764-9179

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:    PENG WEI
   
   
   6-3A1005,YI CHENG ZHONG XIN,LONG HUA
   SHENZHEN, 518000
Mailing Address:    Jonathan G. Morton
   6-3A1005,YI CHENG ZHONG XIN
   LONG HUA
   SHENZHEN, GUANGDONG, 518000
        
Serial Number: 88343707
Internet Transmission Date: Tue Jun 09 06:02:26 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202006090602260
62285-88343707-710e0305de0dd266f52d28edd
bcfbbf7c81e775e55d56b2ec2a8c75ffdd604887
ae-N/A-N/A-20200609045849144708