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. 88405261 MARSHELL(Standard Characters, see http://uspto.report/TM/88405261/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 011 for Accent lights for indoor use; Agricultural irrigation units; Air-conditioning apparatus; Air conditioners; Apparatus for cooking, namely, cooktops; Apparatus for filtering drinking water; Aquarium filters; Aquarium lights; Automatic faucets; Automotive headlamps; Backup lights for land vehicles; Bath installations; Bathroom exhaust fans; Bicycle lamps; Book lights; Candle lamps; Ceiling fans; Ceiling fans with integrated lights; Cooking grids adapted for barbecue grills; Dehumidifiers; Electric bulbs; Electric candle warmers; Electric coffee urns; Electric fans for personal use; Electric hair dryers; Electric heater for infant food; Electric holiday lights; Electric lighting fixtures, namely, power failure backup safety lighting; Electric pressure cookers; Electric and battery operated aromatherapy units; Flood lights; Floor lamps; Fluorescent lamps; Flushometers; Food dehydrators, electric; Hand held shower heads; Humidifiers; Humidifiers for musical instruments; Infrared lamps; Lamps for festive decoration; Lampshade holders; Lavatory seats; LED flashlights; Light Emitting Diode (LED) plant grow light; Microwave ovens for household purposes; Nail lamps; Ornamental fountains; Overhead lamps; Personal air filtering units for filtering tobacco smoke exhaled directly into the unit; Plumbing fittings, namely, faucet filters; Pool skimmer diverter; Portable foot baths; Portable refrigerators; Portable stoves; Portable urinals being sanitary installations for outdoor activities; Reading lights; Shower heads; Showerheads and components thereof; Solar energy receivers; Steam facial apparatus; Taillights for vehicles; Ultraviolet gel manicure lights; USB-powered cup heaters; USB-powered hand warmers; Wrist lights for illumination purposes
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 01/01/2018 and first used in commerce at least as early as 01/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Accent lights for indoor use; Agricultural irrigation units; Air-conditioning apparatus; Air conditioners; Apparatus for filtering drinking water; Apparatus for cooking, namely, cooktops; Aquarium filters; Automatic faucets; Bath installations; Aquarium lights; Bathroom exhaust fans; Cooking grids adapted for barbecue grills; Automotive headlamps; Dehumidifiers; Backup lights for land vehicles; Electric candle warmers; Electric coffee urns; Electric fans for personal use; Bicycle lamps; Electric hair dryers; Book lights; Electric heater for infant food; Candle lamps; Electric and battery operated aromatherapy units; Ceiling fans; Flushometers; Ceiling fans with integrated lights; Food dehydrators, electric; Hand held shower heads; Humidifiers; Electric bulbs; Humidifiers for musical instruments; Lavatory seats; Ornamental fountains; Personal air filtering units for filtering tobacco smoke exhaled directly into the unit; Pool skimmer diverter; Portable foot baths; Electric holiday lights; Portable refrigerators; Electric lighting fixtures, namely, power failure backup safety lighting; Portable urinals being sanitary installations for outdoor activities; Electric pressure cookers; Shower heads; Showerheads and components thereof; Flood lights; Solar energy receivers; Floor lamps; Steam facial apparatus; Fluorescent lamps; USB-powered cup heaters; USB-powered hand warmers; Infrared lamps; Lamps for festive decoration; Lampshade holders; LED flashlights; Light Emitting Diode (LED) plant grow light; Microwave ovens for household purposes; Nail lamps; Overhead lamps; Plumbing fittings, namely, faucet filters; Portable stoves; Reading lights; Taillights for vehicles; Ultraviolet gel manicure lights; Wrist lights for illumination purposesClass 011 for Agricultural irrigation units; Air-conditioning apparatus; Air conditioners; Apparatus for filtering drinking water; Aquarium filters; Automatic faucets; Bath installations; Bathroom exhaust fans; Cooking grids adapted for barbecue grills; Dehumidifiers; Electric candle warmers; Electric coffee urns; Electric fans for personal use; Electric hair dryers; Electric heater for infant food; Electric and battery operated aromatherapy units; Flushometers; Food dehydrators, electric; Hand held shower heads; Humidifiers; Humidifiers for musical instruments; Lavatory seats; Ornamental fountains; Personal air filtering units for filtering tobacco smoke exhaled directly into the unit; Pool skimmer diverter; Portable foot baths; Portable refrigerators; Portable urinals being sanitary installations for outdoor activities; Shower heads; Showerheads and components thereof; Solar energy receivers; Steam facial apparatus; USB-powered cup heaters; USB-powered hand warmers
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

The applicant hereby appoints Shiyong Ye. Shiyong Ye, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      One Penn Plaza, Suite 2015
      250 W 34th Street
      New York, New York 10119
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 2128589978.

The email address is USTKAPP@outlook.com

Shiyong Ye 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: SHENZHEN ELETUN TECHNOLOGY CO.,LTD. SHENZHEN ELETUN TECHNOLOGY CO.,LTD of SHENZHEN ELETUN TECHNOLOGY CO.,LTD, is located at

      6-3A1005,YI CHENG ZHONG XIN,LONG HUA
      SHENZHEN,GUANGDONG, 518000
      CN

The phone number is +86-15012975407.

The email address is summerpq@outlook.com

The applicants proposed correspondence information: Shiyong Ye. Shiyong Ye, is located at

      One Penn Plaza, Suite 2015
      250 W 34th Street
      New York, New York 10119
      United States

The phone number is 2128589978.

The email address is USTKAPP@outlook.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: /Shiyong Ye/      Date: 12/25/2019
Signatory's Name: Shiyong Ye
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 212-858-9978


Response Signature
Signature: /Shiyong Ye/     Date: 12/25/2019
Signatory's Name: Shiyong Ye
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 212-858-9978

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:    SHENZHEN ELETUN TECHNOLOGY CO.,LTD
   SHENZHEN ELETUN TECHNOLOGY CO.,LTD
   
   6-3A1005,YI CHENG ZHONG XIN,LONG HUA
   SHENZHEN,GUANGDONG, 518000
Mailing Address:    Shiyong Ye
   One Penn Plaza, Suite 2015
   250 W 34th Street
   New York, New York 10119
        
Serial Number: 88405261
Internet Transmission Date: Wed Dec 25 04:00:14 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019122504001452
8688-88405261-7008399c96b8142c618cec65eb
b2331de116aa445a7e1514b24b4d57f9baf99e4-
N/A-N/A-20191225035921378213