Response to Office Action

HIMOX

SUPERDIGITAL CO., LIMITED

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 88444883
LAW OFFICE ASSIGNED LAW OFFICE 127
MARK SECTION
MARK http://uspto.report/TM/88444883/mark.png
LITERAL ELEMENT HIMOX
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 011
DESCRIPTION
Air purifiers; Air sterilisers; Electric coffee makers; Electric cooking ovens; Electric egg cookers; Electric fans; Electric heater for infant food; Electric kettles; Electric radiators; Faucet sprayers; Flashlights; Heating installations; Hot water bottles; Humidifiers; Luminaries; Showers; Water sterilizers
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/15/2019
        FIRST USE IN COMMERCE DATE At least as early as 05/15/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 011
DESCRIPTION
Air purifiers; Air sterilisers; Electric coffee makers; Electric cooking ovens; Electric egg cookers; Electric fans; Electric heater for infant food; Electric kettles; Electric radiators; Faucet sprayers; Flashlights; Heating installations; Hot water bottles; Humidifiers; Luminaries; Showers; Water sterilizers
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 05/15/2019
       FIRST USE IN COMMERCE DATE At least as early as 05/15/2019
       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)
       JPG FILE(S) \\TICRS\EXPORT17\IMAGEOUT 17\884\448\88444883\xml5\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0016.JPG
       ORIGINAL PDF FILE SPU0-73166177235-20190930110202426373_._Amazon_webpage_2_of_HIMOX_Air_Purifier.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0009.JPG
       ORIGINAL PDF FILE SPU0-73166177235-20190930110202426373_._Amazon_webpage_1_of_HIMOX_Air_Purifier.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0013.JPG
       SPECIMEN DESCRIPTION Sale orders of Amazon store; Amazon Customer Review of air purifier; Photos of applicant's goods air purifer and its packaging; Webpages of Applicant's Amazon store
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Information about specimen required
        MISCELLANEOUS FILE NAME(S)
       ORIGINAL PDF FILE mis-73166177235-20190930110202426373_._INFORMATION_ABOUT_SPECIMEN_REQUIRED_TN-1994-USTM.pdf
       CONVERTED PDF FILE(S)
       (11 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0022.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0023.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0024.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0025.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0026.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\448\88444883\xml5\ROA0027.JPG
ATTORNEY SECTION (new)
NAME Yan Gao
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Ipspeedy Consulting Company LLC
STREET 2230 S Piney Point Rd, Apt 202
CITY Houston
STATE Texas
POSTAL CODE 77063
COUNTRY United States
PHONE 7138577112
FAX 8886683198
EMAIL Ipspeedygo@gmail.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY YAN GAO
CORRESPONDENCE SECTION (current)
NAME LI, PEI
INTERNAL ADDRESS NO. 441 MEILONG ROAD, LONGHUA DISTRICT
STREET A26G, GUANGHAO INTERNATIONAL CENTER
CITY SHENZHEN, GUANGDONG
POSTAL CODE 518000
COUNTRY CN
EMAIL trynow@cn-ip.cn; trademark@cn-ip.cn
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER TN1994USTM
CORRESPONDENCE SECTION (proposed)
NAME Yan Gao
FIRM NAME Ipspeedy Consulting Company LLC
STREET 2230 S Piney Point Rd, Apt 202
CITY Houston
STATE Texas
POSTAL CODE 77063
COUNTRY United States
PHONE 7138577112
FAX 8886683198
EMAIL Ipspeedygo@gmail.com; trynow@cn-ip.cn
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /YAN GAO/
SIGNATORY'S NAME Yan Gao
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 7138577112
DATE SIGNED 09/30/2019
RESPONSE SIGNATURE /YAN GAO/
SIGNATORY'S NAME Yan Gao
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 7138577112
DATE SIGNED 09/30/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Sep 30 11:09:19 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190930110919041879-8844
4883-610446aaad7a27a211fb
da9f1c3416b950ed61275fd9b
7ed8f49bd1e6447304431-N/A
-N/A-20190930110202426373



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. 88444883 HIMOX(Standard Characters, see http://uspto.report/TM/88444883/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 011 for Air purifiers; Air sterilisers; Electric coffee makers; Electric cooking ovens; Electric egg cookers; Electric fans; Electric heater for infant food; Electric kettles; Electric radiators; Faucet sprayers; Flashlights; Heating installations; Hot water bottles; Humidifiers; Luminaries; Showers; Water sterilizers
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 05/15/2019 and first used in commerce at least as early as 05/15/2019 , and is now in use in such commerce.

Proposed: Class 011 for Air purifiers; Air sterilisers; Electric coffee makers; Electric cooking ovens; Electric egg cookers; Electric fans; Electric heater for infant food; Electric kettles; Electric radiators; Faucet sprayers; Flashlights; Heating installations; Hot water bottles; Humidifiers; Luminaries; Showers; Water sterilizers
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 05/15/2019 and first used in commerce at least as early as 05/15/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of Sale orders of Amazon store; Amazon Customer Review of air purifier; Photos of applicant's goods air purifer and its packaging; Webpages of Applicant's Amazon store .
"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].
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Original PDF file:
SPU0-73166177235-20190930110202426373_._Amazon_webpage_2_of_HIMOX_Air_Purifier.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPU0-73166177235-20190930110202426373_._Amazon_webpage_1_of_HIMOX_Air_Purifier.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

The applicant hereby appoints Yan Gao. Other appointed attorneys are YAN GAO. Yan Gao of Ipspeedy Consulting Company LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2230 S Piney Point Rd, Apt 202
      Houston, Texas 77063
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 7138577112.

The fax number is 8886683198.

The email address is Ipspeedygo@gmail.com

Yan Gao 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: LI, PEI. LI, PEI, is located at

      NO. 441 MEILONG ROAD, LONGHUA DISTRICT
      A26G, GUANGHAO INTERNATIONAL CENTER
      SHENZHEN, GUANGDONG, 518000
      CN
The docket/reference number is TN1994USTM.

The email address is trynow@cn-ip.cn; trademark@cn-ip.cn

The applicants proposed correspondence information: Yan Gao. Yan Gao of Ipspeedy Consulting Company LLC, is located at

      2230 S Piney Point Rd, Apt 202
      Houston, Texas 77063
      United States

The phone number is 7138577112.

The fax number is 8886683198.

The email address is Ipspeedygo@gmail.com; trynow@cn-ip.cn

ADDITIONAL STATEMENTS
Miscellaneous Statement
Information about specimen required

Original PDF file:
mis-73166177235-20190930110202426373_._INFORMATION_ABOUT_SPECIMEN_REQUIRED_TN-1994-USTM.pdf
Converted PDF file(s) ( 11 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Miscellaneous File11

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: /YAN GAO/      Date: 09/30/2019
Signatory's Name: Yan Gao
Signatory's Position: Attorney of Record
Signatory's Phone Number: 7138577112


Response Signature
Signature: /YAN GAO/     Date: 09/30/2019
Signatory's Name: Yan Gao
Signatory's Position: Attorney of Record

Signatory's Phone Number: 7138577112

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:    LI, PEI
   
   NO. 441 MEILONG ROAD, LONGHUA DISTRICT
   A26G, GUANGHAO INTERNATIONAL CENTER
   SHENZHEN, GUANGDONG, 518000
Mailing Address:    Yan Gao
   Ipspeedy Consulting Company LLC
   2230 S Piney Point Rd, Apt 202
   Houston, Texas 77063
        
Serial Number: 88444883
Internet Transmission Date: Mon Sep 30 11:09:19 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909301109190
41879-88444883-610446aaad7a27a211fbda9f1
c3416b950ed61275fd9b7ed8f49bd1e644730443
1-N/A-N/A-20190930110202426373


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