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. 88390999 RUN(Standard Characters, see http://uspto.report/TM/88390999/mark.png) has been amended as follows:

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

Dear Sir or Madam at USPTO, In regard to the Office Action about the trademark application with the application serial no.88390999, which was refused on the grounds of similarity of the trademark and the goods identified to the prior mark "Run4" with Registration No. 4639061, we render our response as follows: Although it may be true that the aforesaid marks are similar in terms of the appearance, sound, meaning or connotation, and commercial impression, it could be nevertheless hardly convincible that the goods respectively designated by the marks are related or similar. The goods designated by the cited mark are only in the field of "bicycles". On the contrary, the applied mark majorly doing business for "tires" in some special filed, to distinguish with the cited mark, we would like to limit goods in the filed of "ATV, Lawn & Garden, Golf, Snow blower, commercial Van, Go Kart, Agriculture, OTR and Fork lift". In this way, the applied mark have totally different sales channel and purchasers in the market, thus it will not mislead the public as well. As for cited marks goods, "bicycles and its related parts" are normally sold to consumer for daily use, while the purchasers of applied mark are certain special field not for transportation purposes. As a result of the different phases of supply chain, there exists very little likelihood of confusion for the relative public as to the source of goods of the respective trademarks. Consequently it could be concluded that the appled mark are dissimilar to the cited marks as to the goods identified. We would like therefore to petition USPTO to consider our arguments and approve the registration application of the subject trademark. We really appreciate your kind consideration and possible rectification of the decision made in the Office Action.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Adhesive rubber patches for repairing inner tubes; Automobile tires; Bicycle tires; Casings for pneumatic tires; Inner tubes for bicycle tires; Inner tubes for pneumatic tires; Patches for repairing inner tubes; Pneumatic tires; Solid tires for vehicle wheels; Tires for vehicle wheels; Tires for wheels of aircraft; Treads for retreading tires; Tubeless tires for bicycles
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 01/10/2019 and first used in commerce at least as early as 03/06/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Adhesive rubber patches for repairing inner tubes; Tires for vehicle wheels, namely in the field of ATV, Lawn and Garden, Golf, Snow blower, commercial Van, Go Kart, Agriculture, OTR and Fork lift.; Automobile tires; Bicycle tires; Casings for pneumatic tires; Inner tubes for bicycle tires; Inner tubes for pneumatic tires; Patches for repairing inner tubes; Pneumatic tires; Solid tires for vehicle wheels; Tires for vehicle wheels; Tires for wheels of aircraft; Treads for retreading tires; Tubeless tires for bicyclesClass 012 for Tires for vehicle wheels, namely in the field of ATV, Lawn and Garden, Golf, Snow blower, commercial Van, Go Kart, Agriculture, OTR and Fork lift.
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 01/10/2019 and first used in commerce at least as early as 03/06/2019 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /GYS/     Date: 07/26/2019
Signatory's Name: GEN YU SHUN
Signatory's Position: DIRECTOR

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: 88390999
Internet Transmission Date: Fri Jul 26 06:24:33 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2019072606243314
3778-88390999-6204da792b565acf0a8acc3aa1
a1aac1d417cdd4862f2b2e8482d257197761887-
N/A-N/A-20190726051912206997