Response to Office Action

GENERALAIRE

GENERAL AIRE INC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88422672
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION
MARK http://uspto.report/TM/88422672/mark.png
LITERAL ELEMENT GENERALAIRE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
From the perspective of trademark use history, the name of the applicant's company is general air Inc.The name of the mark comes from the name of the company. The company is mainly engaged in the sales of kitchen household appliances and gas separation equipment. The gas separation equipment mainly realizes the separation of nitrogen and oxygen in the air through adsorption technology and membrane separation technology, and is made into oxygen generator or nitrogen generator or automobile exhaust purification device. The brand use history starts from 2018, and the products are sold in the United States and Europe. In the process of using the trademark, we have accumulated a certain number of customers, and the trademark has a certain popularity.

From the perspective of sales channels, the trademark products of the applicant are mainly sold offline and retail, and customized products and solutions are provided for different needs of different customers. The quoted products with registered trademarks are mainly sold online. The sales channels are not same, which is not easy to confuse consumers.

From the perspective of products, the applicant will delete "nitrogen generation equipment and components, named, nitrogen generators and associated nodes sold as a unit; oxygen generator based on thermal decomposition of oxygen rich sales; automobile engine exhaust gas purification machines; air filtering units", and the remaining products and 2 registered trademarks The products of are not intersected. The products are not similar.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 007
DESCRIPTION
kitchen machines, electric, namely, dishwasher; wringing machines for laundry; compressed air pumps; wind powered tool, namely, pneumatic nail gun; Gas separation equipment, namely, Nitrogen Making Machine; Oxygen making machine; Automobile engine exhaust gas purification device; compressed air machines; vacuum cleaners; filtering machines, namely, Particle Filtration Machine
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/01/2018
        FIRST USE IN COMMERCE DATE At least as early as 04/01/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 007
TRACKED TEXT DESCRIPTION
kitchen machines, electric, namely, dishwasher; kitchen machines, electric, namely, dishwashers; wringing machines for laundry; compressed air pumps; wind powered tool, namely, pneumatic nail gun; wind powered tool, namely, power-operated pneumatic nail gun; Gas separation equipment, namely, Nitrogen Making Machine; compressed air machines; Oxygen making machine; vacuum cleaners; Automobile engine exhaust gas purification device; filtering machines, namely, Particle Filtration Machine
FINAL DESCRIPTION
kitchen machines, electric, namely, dishwashers; wringing machines for laundry; compressed air pumps; wind powered tool, namely, power-operated pneumatic nail gun; compressed air machines; vacuum cleaners
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 04/01/2018
       FIRST USE IN COMMERCE DATE At least as early as 04/01/2018
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\884\226\88422672\xml4\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\226\88422672\xml4\ ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\226\88422672\xml4\ ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\226\88422672\xml4\ ROA0005.JPG
       SPECIMEN DESCRIPTION The specimen consists of purchase orders of selling products to customers.
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT (1) How are applicant's goods sold? Specify the retail, wholesale, or other sales environment in which the goods are sold. Answer: The goods are mainly sold offline and retail. (2) Please provide copies of invoices, bills of sale, or other documentation of sales of the goods. Answer: Purchase orders are attached. (3) Was the specimen created for submission with this application? Answer: No. (4) Does the specimen show applicant's product as it is currently being sold to consumers? Answer: Yes. (5) How do applicant's goods appear in the actual sales environment? And if sold in another type of sales environment, provide photos and/or documentation showing the goods for sale in that environment. Answer: The goods are mainly sold offline and retail, and customized products and solutions are provided for different needs of different customers.
SIGNATURE SECTION
DECLARATION SIGNATURE /Jinyong Park/
SIGNATORY'S NAME Jinyong Park
SIGNATORY'S POSITION General Manager
DATE SIGNED 12/26/2019
RESPONSE SIGNATURE /Jinyong Park/
SIGNATORY'S NAME Jinyong Park
SIGNATORY'S POSITION General Manager
DATE SIGNED 12/26/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Dec 26 03:28:53 EST 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XX-2
0191226032853484137-88422
672-700571f2146526bf7d0bc
ae77a1c563fb1fad69974c8e7
d8637c40f73edf35a527-N/A-
N/A-20191226025202388803



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. 88422672 GENERALAIRE(Standard Characters, see http://uspto.report/TM/88422672/mark.png) has been amended as follows:

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

From the perspective of trademark use history, the name of the applicant's company is general air Inc.The name of the mark comes from the name of the company. The company is mainly engaged in the sales of kitchen household appliances and gas separation equipment. The gas separation equipment mainly realizes the separation of nitrogen and oxygen in the air through adsorption technology and membrane separation technology, and is made into oxygen generator or nitrogen generator or automobile exhaust purification device. The brand use history starts from 2018, and the products are sold in the United States and Europe. In the process of using the trademark, we have accumulated a certain number of customers, and the trademark has a certain popularity.

From the perspective of sales channels, the trademark products of the applicant are mainly sold offline and retail, and customized products and solutions are provided for different needs of different customers. The quoted products with registered trademarks are mainly sold online. The sales channels are not same, which is not easy to confuse consumers.

From the perspective of products, the applicant will delete "nitrogen generation equipment and components, named, nitrogen generators and associated nodes sold as a unit; oxygen generator based on thermal decomposition of oxygen rich sales; automobile engine exhaust gas purification machines; air filtering units", and the remaining products and 2 registered trademarks The products of are not intersected. The products are not similar.


CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for kitchen machines, electric, namely, dishwasher; wringing machines for laundry; compressed air pumps; wind powered tool, namely, pneumatic nail gun; Gas separation equipment, namely, Nitrogen Making Machine; Oxygen making machine; Automobile engine exhaust gas purification device; compressed air machines; vacuum cleaners; filtering machines, namely, Particle Filtration Machine
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 04/01/2018 and first used in commerce at least as early as 04/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: kitchen machines, electric, namely, dishwasher; kitchen machines, electric, namely, dishwashers; wringing machines for laundry; compressed air pumps; wind powered tool, namely, pneumatic nail gun; wind powered tool, namely, power-operated pneumatic nail gun; Gas separation equipment, namely, Nitrogen Making Machine; compressed air machines; Oxygen making machine; vacuum cleaners; Automobile engine exhaust gas purification device; filtering machines, namely, Particle Filtration MachineClass 007 for kitchen machines, electric, namely, dishwashers; wringing machines for laundry; compressed air pumps; wind powered tool, namely, power-operated pneumatic nail gun; compressed air machines; vacuum cleaners
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 04/01/2018 and first used in commerce at least as early as 04/01/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 007 . The specimen(s) submitted consists of The specimen consists of purchase orders of selling products to customers. .
"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

ADDITIONAL STATEMENTS
Miscellaneous Statement
(1) How are applicant's goods sold? Specify the retail, wholesale, or other sales environment in which the goods are sold. Answer: The goods are mainly sold offline and retail. (2) Please provide copies of invoices, bills of sale, or other documentation of sales of the goods. Answer: Purchase orders are attached. (3) Was the specimen created for submission with this application? Answer: No. (4) Does the specimen show applicant's product as it is currently being sold to consumers? Answer: Yes. (5) How do applicant's goods appear in the actual sales environment? And if sold in another type of sales environment, provide photos and/or documentation showing the goods for sale in that environment. Answer: The goods are mainly sold offline and retail, and customized products and solutions are provided for different needs of different customers.


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: /Jinyong Park/      Date: 12/26/2019
Signatory's Name: Jinyong Park
Signatory's Position: General Manager

Response Signature
Signature: /Jinyong Park/     Date: 12/26/2019
Signatory's Name: Jinyong Park
Signatory's Position: General Manager

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88422672
Internet Transmission Date: Thu Dec 26 03:28:53 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019122603285348
4137-88422672-700571f2146526bf7d0bcae77a
1c563fb1fad69974c8e7d8637c40f73edf35a527
-N/A-N/A-20191226025202388803


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed