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. 88405712 OLOEY(Standard Characters, see http://uspto.report/TM/88405712/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 035 for Advertising and business management consultancy; Advertising and commercial information services, via the internet; Advertising and marketing; Advertising and publicity services; Advertising on the Internet for others; Advertising planning; Advertising, including on-line advertising on a computer network; Advertising, marketing and promotion services; Online advertising on a computer network; Provision of an online marketplace for buyers and sellers of goods and services; Sales promotion; Design of internet advertising; Electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; Internet advertising services; On-line advertising on computer communication networks; On-line advertising on computer networks; Online advertising via a computer communications network; Organization of fairs for commercial and advertising purposes; Outdoor advertising; Promoting the goods and services of others by means of distributing advertising on the Internet; Providing business information
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 11/15/2011 and first used in commerce at least as early as 11/15/2011 , and is now in use in such commerce.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ China registration number 19825999 registered 05/03/2016 with a renewal date of 06/21/2017 and an expiration date of 06/20/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 035 for Advertising and business management consultancy; Advertising and commercial information services, via the internet; Advertising and marketing; Advertising and publicity services; Advertising on the Internet for others; Advertising planning; Advertising, including on-line advertising on a computer network; Advertising, marketing and promotion services; Online advertising on a computer network; Provision of an online marketplace for buyers and sellers of goods and services; Sales promotion; Design of internet advertising; Electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; Internet advertising services; On-line advertising on computer communication networks; On-line advertising on computer networks; Online advertising via a computer communications network; Organization of fairs for commercial and advertising purposes; Outdoor advertising; Promoting the goods and services of others by means of distributing advertising on the Internet; Providing business information
Deleted Filing Basis: 44(e)
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 11/15/2011 and first used in commerce at least as early as 11/15/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of screenshots of Applicant's webstore that include the applied-for mark, a picture and textual description of the services associated with the mark, and a clickable link to order the associated goods. The address of the website is:http://us.oloey.com/ .
"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

The applicant hereby appoints Zhihua Han. Zhihua Han of Wen IP LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      7710 80th PL SE
      Mercer Island, Washington 98040
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 206-973-6936.

The email address is josh@wen-ip.com

Zhihua Han 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 OLOEY TRADE CO., LTD.. SHENZHEN OLOEY TRADE CO., LTD. of SHENZHEN OLOEY TRADE CO., LTD., is located at

      NO. 149, XINTIAN JIKENG, GUANLAN STREET,
      SHENZHEN, 518000
      CN

The phone number is +86-13476246000.

The email address is 595701980@qq.com

The applicants proposed correspondence information: Zhihua Han. Zhihua Han of Wen IP LLC, is located at

      7710 80th PL SE
      Mercer Island, Washington 98040
      United States

The phone number is 206-973-6936.

The email address is ip@zilawip.com; josh@wen-ip.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: /Zhihua Han/      Date: 10/21/2019
Signatory's Name: Zhihua Han
Signatory's Position: Attorney of record, Washington State Bar member
Signatory's Phone Number: 2069736936


Response Signature
Signature: /Zhihua Han/     Date: 10/21/2019
Signatory's Name: Zhihua Han
Signatory's Position: Attorney of record, Washington State Bar member

Signatory's Phone Number: 206-973-6936

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 OLOEY TRADE CO., LTD.
   SHENZHEN OLOEY TRADE CO., LTD.
   
   NO. 149, XINTIAN JIKENG, GUANLAN STREET,
   SHENZHEN, 518000
Mailing Address:    Zhihua Han
   Wen IP LLC
   7710 80th PL SE
   Mercer Island, Washington 98040
        
Serial Number: 88405712
Internet Transmission Date: Mon Oct 21 17:53:23 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019102117532343
0413-88405712-610d877e4f75a6cc4b04992fdf
981e6f2572b24ed308422144a48bd6db0f92d483
7-N/A-N/A-20191021175033017682