Response to Office Action

AMVERA

Xu, Ying

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88373745
LAW OFFICE ASSIGNED LAW OFFICE 121
MARK SECTION
MARK http://uspto.report/TM/88373745/mark.png
LITERAL ELEMENT AMVERA
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (018)(current)
INTERNATIONAL CLASS 018
DESCRIPTION Handbags; Handbags for ladies; Fashion handbags
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 03/30/2019
        FIRST USE IN COMMERCE DATE At least as early as 03/30/2019
GOODS AND/OR SERVICES SECTION (018)(proposed)
INTERNATIONAL CLASS 018
DESCRIPTION Handbags; Handbags for ladies; Fashion handbags
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 03/30/2019
       FIRST USE IN COMMERCE DATE At least as early as 03/30/2019
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\883\737\88373745\xml5\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\883\737\88373745\xml5\ ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\883\737\88373745\xml5\ ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\883\737\88373745\xml5\ ROA0005.JPG
       SPECIMEN DESCRIPTION Pictures of handbags, with tags and mark along with packaging for handbags with the mark.
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
Dresses; Dresses for children, girls, kids; Halloween costumes; Sashes; Sashes for wear
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 03/31/2019
        FIRST USE IN COMMERCE DATE At least as early as 03/31/2019
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
DESCRIPTION
Dresses; Dresses for children, girls, kids; Halloween costumes; Sashes; Sashes for wear
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 03/31/2019
       FIRST USE IN COMMERCE DATE At least as early as 03/31/2019
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\883\737\88373745\xml5\ ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\883\737\88373745\xml5\ ROA0007.JPG
       SPECIMEN DESCRIPTION Dresses with tags with the mark.
ATTORNEY SECTION (new)
NAME Ross Brandborg
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME www.FireCastle.zone
STREET 35 N 4th St
CITY Fargo
STATE North Dakota
POSTAL CODE 58102
COUNTRY United States
PHONE 6125849726
EMAIL ross@redriverlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY AMVERA
CORRESPONDENCE SECTION (current)
NAME XU, YING
INTERNAL ADDRESS 36DONG 101SHI
STREET 599 JIANHE RD, CHANGNING DISTRICT
CITY SHANGHAI
POSTAL CODE 200335
COUNTRY CN
EMAIL stone920@126.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Ross Brandborg
FIRM NAME www.FireCastle.zone
STREET 35 N 4th St
CITY Fargo
STATE North Dakota
POSTAL CODE 58102
COUNTRY United States
PHONE 6125849726
EMAIL ross@redriverlaw.com; rosslaw144@gmail.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /Ross Brandborg/
SIGNATORY'S NAME Ross Brandborg
SIGNATORY'S POSITION Attorny of Record
SIGNATORY'S PHONE NUMBER 6125849726
DATE SIGNED 12/15/2019
RESPONSE SIGNATURE /Ross Brandborg/
SIGNATORY'S NAME Ross Brandborg
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 6125849726
DATE SIGNED 12/15/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sun Dec 15 20:02:09 EST 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20191215200209870687-8837
3745-70026d72dc6d5e58a655
6824089399e505ada506b47da
57e048023ccb9f4512d45-N/A
-N/A-20191215195119021009



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. 88373745 AMVERA(Standard Characters, see http://uspto.report/TM/88373745/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Handbags; Handbags for ladies; Fashion handbags
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 03/30/2019 and first used in commerce at least as early as 03/30/2019 , and is now in use in such commerce.

Proposed: Class 018 for Handbags; Handbags for ladies; Fashion handbags
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 03/30/2019 and first used in commerce at least as early as 03/30/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 018 . The specimen(s) submitted consists of Pictures of handbags, with tags and mark along with packaging for handbags with the mark. .
"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

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Dresses; Dresses for children, girls, kids; Halloween costumes; Sashes; Sashes for wear
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 03/31/2019 and first used in commerce at least as early as 03/31/2019 , and is now in use in such commerce.

Proposed: Class 025 for Dresses; Dresses for children, girls, kids; Halloween costumes; Sashes; Sashes for wear
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 03/31/2019 and first used in commerce at least as early as 03/31/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of Dresses with tags with the mark. .
"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

The applicant hereby appoints Ross Brandborg. Other appointed attorneys are AMVERA. Ross Brandborg of www.FireCastle.zone, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      35 N 4th St
      Fargo, North Dakota 58102
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 6125849726.

The email address is ross@redriverlaw.com

Ross Brandborg 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.
The applicant's current correspondence information: XU, YING. XU, YING, is located at

      36DONG 101SHI
      599 JIANHE RD, CHANGNING DISTRICT
      SHANGHAI, 200335
      CN

The email address is stone920@126.com

The applicants proposed correspondence information: Ross Brandborg. Ross Brandborg of www.FireCastle.zone, is located at

      35 N 4th St
      Fargo, North Dakota 58102
      United States

The phone number is 6125849726.

The email address is ross@redriverlaw.com; rosslaw144@gmail.com

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: /Ross Brandborg/      Date: 12/15/2019
Signatory's Name: Ross Brandborg
Signatory's Position: Attorny of Record
Signatory's Phone Number: 6125849726


Response Signature
Signature: /Ross Brandborg/     Date: 12/15/2019
Signatory's Name: Ross Brandborg
Signatory's Position: Attorney of Record

Signatory's Phone Number: 6125849726

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:    XU, YING
   
   36DONG 101SHI
   599 JIANHE RD, CHANGNING DISTRICT
   SHANGHAI, 200335
Mailing Address:    Ross Brandborg
   www.FireCastle.zone
   35 N 4th St
   Fargo, North Dakota 58102
        
Serial Number: 88373745
Internet Transmission Date: Sun Dec 15 20:02:09 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201912152002098
70687-88373745-70026d72dc6d5e58a65568240
89399e505ada506b47da57e048023ccb9f4512d4
5-N/A-N/A-20191215195119021009


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