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. 88428598 HHP(Standard Characters, see http://uspto.report/TM/88428598/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 009 for Baby monitors; Car video recorders; Cases for smartphones; Chronographs for use as specialized time recording apparatuses; Computer keyboards; Covers for tablet computers; Earphones; Electric door bells; Electrical adapters; Electronic collars to train animals; Eyeglasses; Memory cards for video game machines; Mouse pads; Pedometers; Power supplies; Power supply connectors and adaptors for use with portable electronic devices; Projection screens; Protective films adapted for computer screens; Protective films adapted for smartphones; Punched card machines for offices; Reflective safety vests; Scales; Selfie sticks; Solar panels for the production of electricity; Spectacles; Tablet computers; Telescopes; Telescopic sights for artillery; Tripods for cameras; Blank USB flash drives; Computer mice; Diving goggles; Safety goggles; Ski goggles; Swimming goggles
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 04/16/2019 and first used in commerce at least as early as 04/16/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Baby monitors; Car video recorders; Cases for smartphones; Chronographs for use as specialized time recording apparatuses; Computer keyboards; Covers for tablet computers; Earphones; Electric door bells; Electrical adapters; Electronic collars to train animals; Eyeglasses; Memory cards for video game machines; Mouse pads; Pedometers; Power supplies; Power supply connectors and adaptors for use with portable electronic devices; Projection screens; Protective films adapted for computer screens; Protective films adapted for smartphones; Punched card machines for offices; Reflective safety vests; Scales; Selfie sticks; Solar panels for the production of electricity; Spectacles; Tablet computers; Telescopes; Telescopic sights for artillery; Tripods for cameras; Blank USB flash drives; Computer mice; Diving goggles; Safety goggles; Ski goggles; Swimming gogglesClass 009 for Baby monitors; Cases for smartphones; Chronographs for use as specialized time recording apparatuses; Computer keyboards; Covers for tablet computers; Earphones; Electric door bells; Electrical adapters; Electronic collars to train animals; Eyeglasses; Memory cards for video game machines; Mouse pads; Pedometers; Power supplies; Power supply connectors and adaptors for use with portable electronic devices; Projection screens; Protective films adapted for computer screens; Protective films adapted for smartphones; Punched card machines for offices; Reflective safety vests; Scales; Selfie sticks; Solar panels for the production of electricity; Spectacles; Tablet computers; Telescopes; Telescopic sights for artillery; Tripods for cameras; Blank USB flash drives; Computer mice; Diving goggles; Safety goggles; Ski goggles; Swimming goggles
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 04/16/2019 and first used in commerce at least as early as 04/16/2019 , 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 The attached picture is the applicant's product "Cases for smartphones" with the logo on it. It has been sold on Amazon retailing to consumers. The website is "http://www.amazon.com/dp/B082HBP6BZ ref=myi_title_dp". .
"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

The applicant hereby appoints Wayne V. Harper. Wayne V. Harper, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2112 W. Marjory Avenue
      Tampa, Florida 33606
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 60-799-TUS.

The email address is tm@kafiling.com

Wayne V. Harper 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: YIMIN CHEN. YIMIN CHEN, is located at

      1031 S PALMETTO AVE UNIT T3
      ONTARIO, California 91762
      US

The phone number is +86-02081890903.

The email address is dmtm2019@outlook.com

The applicants proposed correspondence information: Wayne V. Harper. Wayne V. Harper, is located at

      2112 W. Marjory Avenue
      Tampa, Florida 33606
      United States
The docket/reference number is 60-799-TUS.

The email address is tm@kafiling.com; tm60@kafiling.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The applicant has deleted "Car video recorders" from the identification section in response to Section 2 (d).


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: /Wayne V. Harper/      Date: 02/04/2020
Signatory's Name: Wayne V. Harper
Signatory's Position: Attorney of record, Florida Bar member

Response Signature
Signature: /Wayne V. Harper/     Date: 02/04/2020
Signatory's Name: Wayne V. Harper
Signatory's Position: Attorney of record, Florida Bar member

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:    YIMIN CHEN
   
   
   1031 S PALMETTO AVE UNIT T3
   ONTARIO, California 91762
Mailing Address:    Wayne V. Harper
   2112 W. Marjory Avenue
   Tampa, Florida 33606
        
Serial Number: 88428598
Internet Transmission Date: Tue Feb 04 09:08:21 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200204090821
956718-88428598-70065d148c43182355836591
8c5b4392502ec2e17caea1fcff3fbb3d5279f25-
N/A-N/A-20200204085851257169