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. 88405901 OLOEY(Standard Characters, see http://uspto.report/TM/88405901/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 021 for Bird cages; Buckets; China ornaments; Containers for household use; Cooking pots; Cosmetic brushes; Crockery, namely, pots, dishes, drinking cups and saucers, bowls, serving bowls and trays; Dinnerware; Drinkware; Garbage cans; General purpose storage bins for household use; Glass mugs; Hair brushes; Hand-operated coffee grinders; Household utensils, namely, graters; Kitchen utensils, namely, splatter screens; Laundry bins for household purposes; Non-electric crushers for kitchen use; Non-electric portable coolers; Statues of glass; Stew-pans; Tea sets; Toiletry sponges; Tooth brushes; Water troughs
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 28321440 registered 12/26/2017 with a renewal date of 11/28/2018 and an expiration date of 11/27/2028 ], 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 021 for Bird cages; Buckets; China ornaments; Containers for household use; Cooking pots; Cosmetic brushes; Crockery, namely, pots, dishes, drinking cups and saucers, bowls, serving bowls and trays; Dinnerware; Drinkware; Garbage cans; General purpose storage bins for household use; Glass mugs; Hair brushes; Hand-operated coffee grinders; Household utensils, namely, graters; Kitchen utensils, namely, splatter screens; Laundry bins for household purposes; Non-electric crushers for kitchen use; Non-electric portable coolers; Statues of glass; Stew-pans; Tea sets; Toiletry sponges; Tooth brushes; Water troughs
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.
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

ADDITIONAL STATEMENTS
Miscellaneous Statement
Dear Examining Attorney, Applicant hereby removes the 44(e) filing basis, which was not perfected for lack of a translated foreign trademark certificate Applicant opts for the 1(a) filing basis Thank you!


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: 10/17/2019
Signatory's Name: Zhihua Han
Signatory's Position: Attorney of record, Washington State Bar member
Signatory's Phone Number: 206-973-6936


Response Signature
Signature: /Zhihua Han/     Date: 10/17/2019
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: 88405901
Internet Transmission Date: Thu Oct 17 17:04:50 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019101717045005
6886-88405901-61089a99d5d27025c829e874f9
31b864d14d76a95b12d475f61f1af46c492246-N
/A-N/A-20191017165843546779