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. 88419882 BEAST (Stylized and/or with Design, see http://uspto.report/TM/88419882/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of a pdf titled BEAST Office Action Response has been attached.
Original PDF file:
evi_19294203253-20200122130442483621_._BEAST_Office_Action_Response.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 025 for shirts; Dressing gowns; Swim wear for gentlemen and ladies; pyjamas; Baby layettes for clothing; Leotards and tights for women, men and children of nylon, cotton or other textile fibers; Women's underwear; bath sandals; bath slippers; Fashion hats; Hosiery; Gloves as clothing; Scarves; Shawls; Eyeshades as headwear

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Fibreglass fabrics for textile use; Wall hangings of textile; felt; Bathtowels; quilts; bed covers; pillows covers; Table cloth of textile; Unfitted fabric covers for furniture; bedspread; Linen for household purposes; Travelling rugs (lap robes); Eiderdowns (quilts); bed blankets; Tablecloths, not of paper; Placemats of textile; Towels of textile; sleeping bag
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Fibreglass fabrics for textile use; Wall hangings of textile; felt; Bathtowels; Bath towels; quilts; bed covers; pillows covers; Table cloth of textile; Unfitted fabric covers for furniture; bedspread; Linen for household purposes; Travelling rugs (lap robes); Travelling rugs being lap robes; Eiderdowns (quilts); Eiderdowns being quilts; bed blankets; Tablecloths, not of paper; Placemats of textile; Towels of textile; sleeping bag; sleeping bag.Class 024 for Fibreglass fabrics for textile use; Wall hangings of textile; felt; Bath towels; quilts; bed covers; pillows covers; Table cloth of textile; Unfitted fabric covers for furniture; bedspread; Linen for household purposes; Travelling rugs being lap robes; Eiderdowns being quilts; bed blankets; Tablecloths, not of paper; Placemats of textile; Towels of textile; sleeping bag.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Demonstration of goods; Advertising services; shop window dressing; On-line advertising and marketing services; television home shopping services; Business management assistance; Providing business information; organization of trade fairs for commercial or advertising purposes; Import-export agency services; Sales promotion for others; Outsourcing services in the nature of arranging procurement of goods for others; Marketing services; commercial administration of the licensing of the goods and services of others; Media relations services; On-line retail gift shops; On-line retail store services containing clothing, cosmetics, quilting supplies, furniture, coffee mugs, body milk, Non-medicated liquid soap, Linen for household purposes, Jewelry and imitation jewelry, Necklaces (jewelley), Artificial flowers, Natural flowers, Beverage glassware, etc
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Demonstration of goods; Advertising services; shop window dressing; Providing television home shopping services in the field of general consumer merchandise; On-line advertising and marketing services; Providing business information; television home shopping services; Import-export agency services; Business management assistance; Outsourcing services in the nature of arranging procurement of goods for others; Media relations services; organization of trade fairs for commercial or advertising purposes; On-line retail gift shops; Online retail grocery store services; Sales promotion for others; Online retail grocery store services featuring home delivery services, curbside order pickup, drive-through pick-up; On-line retail store services featuring a wide variety of consumer goods of others; Marketing services; On-line retail store services featuring, quilting supplies, furniture, coffee mugs, Linen for household purposes, Artificial flowers, Natural flowers, Beverage glassware.; commercial administration of the licensing of the goods and services of others; On-line retail store services containing clothing, cosmetics, quilting supplies, furniture, coffee mugs, body milk, Non-medicated liquid soap, Linen for household purposes, Jewelry and imitation jewelry, Necklaces (jewelley), Artificial flowers, Natural flowers, Beverage glassware, etcClass 035 for Demonstration of goods; shop window dressing; Providing television home shopping services in the field of general consumer merchandise; Providing business information; Import-export agency services; Outsourcing services in the nature of arranging procurement of goods for others; Media relations services; On-line retail gift shops; Online retail grocery store services; Online retail grocery store services featuring home delivery services, curbside order pickup, drive-through pick-up; On-line retail store services featuring a wide variety of consumer goods of others; On-line retail store services featuring, quilting supplies, furniture, coffee mugs, Linen for household purposes, Artificial flowers, Natural flowers, Beverage glassware.
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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Shanghai Yepai E-commerce Co., Ltd. having an address of
      
      Room 466, 4th Floor, Building 1No. 687 Dongdaming Rd, Hongkou District
      Shanghai, 200000
      China

Proposed: Shanghai Yepai E-commerce Co., Ltd., a corporation of China, having an address of
      Room 466, 4th Floor, Building 1
      No. 687 Dongdaming Rd, Hongkou District
      Shanghai, 200000
      China

The applicant's current attorney information: Rebecca A. Liebowitz. Rebecca A. Liebowitz of VENABLE LLP, is located at

      P.O. BOX 34385
      WASHINGTON, District of Columbia 20043-9998
      US
The docket/reference number is 142934502658.

The phone number is 202-344-4976.

The fax number is 202-344-8300.

The email address is trademarkdocket@venable.com

The applicants proposed attorney information: Rebecca A. Liebowitz. Other appointed attorneys are Andrew D. Price, Halle B. Markus, Steve Powell, Sean T. Phelan, Marjorie W. Norman, Kristen S. Ruisi, Catherine Mitros, Paula E. Hopkins. Rebecca A. Liebowitz of Venable LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. Box 34385
      Washington, District of Columbia 20043-9998
      United States
The docket/reference number is 142934502658.

The phone number is 202-344-4976.

The fax number is 202-344-8300.

The email address is trademarkdocket@venable.com

Rebecca A. Liebowitz 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: REBECCA A. LIEBOWITZ. REBECCA A. LIEBOWITZ of VENABLE LLP, is located at

      P.O. BOX 34385
      WASHINGTON, District of Columbia 20043-9998
      US
The docket/reference number is 142934502658.

The phone number is 202-344-4976.

The fax number is 202-344-8300.

The email address is trademarkdocket@venable.com; rliebowitz@venable.com; cmitros@venable.com; pjmiles@venable.com

The applicants proposed correspondence information: Rebecca A. Liebowitz. Rebecca A. Liebowitz of Venable LLP, is located at

      P.O. Box 34385
      Washington, District of Columbia 20043-9998
      United States
The docket/reference number is 142934502658.

The phone number is 202-344-4976.

The fax number is 202-344-8300.

The email address is trademarkdocket@venable.com; rliebowitz@venable.com; cmitros@venable.com; pjmiles@venable.com

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_19294203253-130442483_._BEAST_POA.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Xiang Haiqi
Signatory's Position: CEO

Response Signature
Signature: /Catherine Mitros/     Date: 01/22/2020
Signatory's Name: Catherine Mitros
Signatory's Position: Associate Attorney, Venable LLP, DC bar member

Signatory's Phone Number: 2023444998

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:    REBECCA A. LIEBOWITZ
   VENABLE LLP
   
   P.O. BOX 34385
   WASHINGTON, District of Columbia 20043-9998
Mailing Address:    Rebecca A. Liebowitz
   Venable LLP
   P.O. Box 34385
   Washington, District of Columbia 20043-9998
        
Serial Number: 88419882
Internet Transmission Date: Wed Jan 22 13:12:25 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202001221312256
26558-88419882-7001c9afdbce3145a1976a54f
ed0ba6bdd2155a3cf9ce89b3316c7fc48320dfa4
-N/A-N/A-20200122130442483621