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. 88358062 KIJISEIPOR(Standard Characters, see http://uspto.report/TM/88358062/mark.png) has been amended as follows:

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

(1) How are applicant?s goods sold? Specify the retail, wholesale, or other sales environment in which the goods are sold. sales on amzon (2) Please provide copies of invoices, bills of sale, or other documentation of sales of the goods. check the picture (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. Sell on Amazon website ,here is KIJISEIPOR Amazon store site, please link: http://www.amazon.com/KIJISEIPOR-Protection-Cooling-Sleeves-Basketball/dp/B07QXBZNZS/ref=sr_1_3? m=A1ROSES09HORAM&marketplaceID=ATVPDKIKX0DER&qid=1560666763&s=merchant- items&smid=A1ROSES09HORAM&sr=1-3 (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.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Adhesive bras; Ankle socks; Babushkas; Brassieres; Ear muffs; Fingerless gloves; Mittens; Pajamas; Rainwear; Shower caps; Ski gloves; Sleep masks; Sports bra; Sports caps and hats; Sports singlets; Stockings; Strapless bras; Sun sleeves; Sun visors being headwear; Sweat bands; Sweatpants; Sweatsocks; Swimming caps; Swimsuits; Swimwear; Training suits; Turbans; Underclothes
Original Filing Basis:
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 01/16/2019 and first used in commerce at least as early as 01/16/2019 , and is now in use in such commerce.

Proposed: Class 025 for Adhesive bras; Ankle socks; Babushkas; Brassieres; Ear muffs; Fingerless gloves; Mittens; Pajamas; Rainwear; Shower caps; Ski gloves; Sleep masks; Sports bra; Sports caps and hats; Sports singlets; Stockings; Strapless bras; Sun sleeves; Sun visors being headwear; Sweat bands; Sweatpants; Sweatsocks; Swimming caps; Swimsuits; Swimwear; Training suits; Turbans; Underclothes
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 01/16/2019 and first used in commerce at least as early as 01/16/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 .
"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
Specimen File4
Specimen File5
Specimen File6
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Specimen File8
Specimen File9

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: /Chen Xia/      Date: 07/05/2019
Signatory's Name: Chen Xia
Signatory's Position: OWNER

Response Signature
Signature: /Chen Xia/     Date: 07/05/2019
Signatory's Name: Chen Xia
Signatory's Position: OWNER

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 owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; 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: 88358062
Internet Transmission Date: Fri Jul 05 01:58:28 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201907050158287
31955-88358062-620145ff0613544afc22fffd9
0c7b8c78aae898efd1ceca276603b11d34036e2-
N/A-N/A-20190705015428984518