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. 88407047 NY (Stylized and/or with Design, see http://uspto.report/TM/88407047/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 045 for Online social networking services

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable software for providing consumer information, namely, compilations, rankings, ratings, reviews, referrals and recommendations relating to businesses, restaurants, service providers, events
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 08/20/2012 and first used in commerce at least as early as 08/20/2012 , and is now in use in such commerce.

Proposed: Class 009 for Downloadable software for providing consumer information, namely, compilations, rankings, ratings, reviews, referrals and recommendations relating to businesses, restaurants, service providers, events
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 08/20/2012 and first used in commerce at least as early as 08/20/2012 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Iphone screenshot for the downloadable Mini Program/software in use on the Wechat platform with the proposed 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].
Original PDF file:
SPU0-100337172-20200108162611712827_._IMG_0018_1.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-100337172-20200108162611712827_._IMG_0019_2.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-100337172-20200108162611712827_._IMG_0020_3.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-100337172-20200108162611712827_._IMG_0016_4.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-100337172-20200108162611712827_._IMG_0017_5.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Providing a website for commercial purposes featuring ratings, reviews, referrals and recommendations relating to businesses, restaurants, service providers, events; providing consumer information, namely, compilations, rankings, ratings, reviews, referrals and recommendations relating to businesses, restaurants, service providers, events; advertising, marketing and promotion services, namely, photo shooting, providing information regarding discounts, coupons, rebates, vouchers, links to retail website of others, and special offers for the goods and services of others
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 12/01/2014 and first used in commerce at least as early as 12/01/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing a website for commercial purposes featuring ratings, reviews, referrals and recommendations relating to businesses, restaurants, service providers, events; providing consumer information, namely, compilations, rankings, ratings, reviews, referrals and recommendations relating to businesses, restaurants, service providers, events; providing consumer information, namely, compilations, rankings, ratings, reviews, referrals and recommendations¶
relating to businesses, restaurants, service providers, events; advertising, marketing and promotion services, namely, photo shooting, providing information regarding discounts, coupons, rebates, vouchers, links to retail website of others, and special offers for the goods and services of others; advertising, marketing and promotion services, namely, design and development of photo shoots for promotion of others, providing information regarding discounts, coupons, rebates, vouchers, links to retail website of others, and¶
special offers for the goods and services of othersClass 035 for Providing a website for commercial purposes featuring ratings, reviews, referrals and recommendations relating to businesses, restaurants, service providers, events; providing consumer information, namely, compilations, rankings, ratings, reviews, referrals and recommendations relating to businesses, restaurants, service providers, events; advertising, marketing and promotion services, namely, design and development of photo shoots for promotion of others, providing information regarding discounts, coupons, rebates, vouchers, links to retail website of others, and special offers for the goods and services of others
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 12/01/2014 and first used in commerce at least as early as 12/01/2014 , 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 Advertising and marketing materials for the provided service with the proposed mark; webpages that show the proposed mark used in the actual sale and rendering of the services .
"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].
Original PDF file:
SPU1-100337172-20200108162611712827_._Marketing_Kit_of_Foodmapnyc.pdf
Converted PDF file(s) ( 19 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
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Specimen File17
Specimen File18
Specimen File19
Original PDF file:
SPU1-100337172-20200108162611712827_._The_Most_Authentic_Japanese_BBQ_in_NYC_-reduced.pdf
Converted PDF file(s) ( 43 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19
Specimen File20
Specimen File21
Specimen File22
Specimen File23
Specimen File24
Specimen File25
Specimen File26
Specimen File27
Specimen File28
Specimen File29
Specimen File30
Specimen File31
Specimen File32
Specimen File33
Specimen File34
Specimen File35
Specimen File36
Specimen File37
Specimen File38
Specimen File39
Specimen File40
Specimen File41
Specimen File42
Specimen File43

The applicant's current attorney information: GE LI. GE LI of KEVIN KERVENG TUNG, P.C., is located at

      136-20 38TH AVENUE, SUITE 3D
      FLUSHING, New York 11355
      US

The phone number is 718-939-4633.

The email address is gli@kktlawfirm.com

The applicants proposed attorney information: GE LI. GE LI of KEVIN KERVENG TUNG, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      136-20 38TH AVENUE, SUITE 3D
      FLUSHING, New York 11355
      United States

The phone number is 718-939-4633.

The email address is gli@kktlawfirm.com

GE LI 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: GE LI. GE LI of KEVIN KERVENG TUNG, P.C., is located at

      136-20 38TH AVENUE, SUITE 3D
      FLUSHING, New York 11355
      US

The phone number is 917-969-9515.

The email address is gli@kktlawfirm.com; ligouxuan@hotmail.com; ktung@kktlawfirm.com

The applicants proposed correspondence information: GE LI. GE LI of KEVIN KERVENG TUNG, P.C., is located at

      136-20 38TH AVENUE, SUITE 3D
      FLUSHING, New York 11355
      United States

The phone number is 718-939-4633.

The email address is gli@kktlawfirm.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use ?? that transliterate to "mei shi" apart from the mark as shown.


Translation
The English translation of ?????? in the mark is New York fine food map.


Transliterations
The non-Latin characters in the mark transliterate to niu yue mei shi di tu and this means New York fine food map in English.


SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /GE LI/     Date: 01/09/2020
Signatory's Name: Ge Li
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 7189394633

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:    GE LI
   KEVIN KERVENG TUNG, P.C.
   
   136-20 38TH AVENUE, SUITE 3D
   FLUSHING, New York 11355
Mailing Address:    GE LI
   KEVIN KERVENG TUNG, P.C.
   136-20 38TH AVENUE, SUITE 3D
   FLUSHING, New York 11355
        
Serial Number: 88407047
Internet Transmission Date: Thu Jan 09 11:29:04 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200109112904840
211-88407047-700c86b53f187ff263513a545d2
3ed8ee83219db6255930ba4d8fb74c1cb522e18-
N/A-N/A-20200109112041865616