TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88458088 UHOODIE (Stylized and/or with Design, see http://uspto.report/TM/88458088/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of China registration number 35075309 registered 07/21/2019, with a renewal date of __________ and an expiration date of 07/20/2029, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_223197160230-035636304_._Translator_s_declaration_RFD-19013-USTM__01011497_.PDF
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FR_223197160230-035636304_._Chineses_certificate_RFD-19013-USTM__01009915_.PDF
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FR_1-223197160230-035636304_._translation_of_Chinese_Certificate_RFD-19013-USTM__01009914_.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Coats; Trousers; Overcoats; Pyjamas; Underpants; Tee-shirts; Shirts; Hosiery; Girdles being foundation garments; Pullovers
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [China application number 35075309 filed 12/04/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 025 for Coats; Trousers; Overcoats; Pyjamas; Underpants; Tee-shirts; Shirts; Hosiery; Girdles being foundation garments; Pullovers
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [China application number 35075309 filed 12/04/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ China registration number 35075309 registered 07/21/2019 with a renewal date of __________ and an expiration date of 07/20/2029 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-223197160230-031434919_._Translator_s_declaration_RFD-19013-USTM__01011497_.PDF
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FRU0-223197160230-031434919_._Chinese_certificate_RFD-19013-USTM__01009915_.PDF
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FRU0-223197160230-031434919_._translation_of_Chinese_Certificate_RFD-19013-USTM__01009914_.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1


The applicant's current attorney information: Charles Ho. Other appointed attorneys are Charles Ho. Charles Ho of BARRON & YOUNG INTELLECTUAL PROPERTY LTD., and the attorney(s) is located at

      P.O. BOX 1484, GENERAL POST OFFICE
      P.O. BOX 1484, GENERAL POST OFFICE
      HONG KONG,
      HK
The docket/reference number is RFD-19013-US.

The phone number is +852-23192577.

The fax number is 852-2319-2767.

The email address is charles_ho@barron-young.com

The applicants proposed attorney information: Charles Ho. Charles Ho of BARRON & YOUNG INTELLECTUAL PROPERTY LTD., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 1484, GENERAL POST OFFICE
      P.O. BOX 1484, GENERAL POST OFFICE
      HONG KONG,
      Hong Kong
The docket/reference number is RFD-19013-US.

The phone number is +852-23192577.

The fax number is 852-2319-2767.

The email address is charles_ho@barron-young.com

Charles Ho 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: CHARLES HO. Other appointed attorneys are Charles Ho. CHARLES HO of BARRON & YOUNG INTELLECTUAL PROPERTY LTD., and the attorney(s) is located at

      P.O. BOX 1484, GENERAL POST OFFICE
      P.O. BOX 1484, GENERAL POST OFFICE
      HONG KONG,
      HK
The docket/reference number is RFD-19013-US.

The phone number is +852-23192577.

The fax number is 852-2319-2767.

The email address is charles_ho@barron-young.com; bytrademark@barron-young.com

The applicants proposed correspondence information: Charles Ho. Charles Ho of BARRON & YOUNG INTELLECTUAL PROPERTY LTD., is located at

      P.O. BOX 1484, GENERAL POST OFFICE
      P.O. BOX 1484, GENERAL POST OFFICE
      HONG KONG,
      Hong Kong
The docket/reference number is RFD-19013-US.

The phone number is +852-23192577.

The fax number is 852-2319-2767.

The email address is charles_ho@barron-young.com; bytrademark@barron-young.com

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /Charles Ho/    Date: 08/29/2019
Signatory's Name: Charles Ho
Signatory's Position: Attorney of Record
Signatory's Phone Number: 852-23192577

Response Suspension Inquiry Signature
Signature: /Charles Ho/     Date: 08/29/2019
Signatory's Name: Charles Ho
Signatory's Position: Attorney of Record
Signatory's Phone Number: 852-23192577

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:    CHARLES HO
   BARRON & YOUNG INTELLECTUAL PROPERTY LTD.
   P.O. BOX 1484, GENERAL POST OFFICE
   P.O. BOX 1484, GENERAL POST OFFICE
   HONG KONG,
Mailing Address:    Charles Ho
   BARRON & YOUNG INTELLECTUAL PROPERTY LTD.
   P.O. BOX 1484, GENERAL POST OFFICE
   P.O. BOX 1484, GENERAL POST OFFICE
   HONG KONG,
        
Serial Number: 88458088
Internet Transmission Date: Thu Aug 29 04:43:46 EDT 2019
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XXX-20190829044346
649689-88458088-610d77f362527787dc2b05aa
bb76fc612f452d9feaf8e966eda612d219ca92ed
42-N/A-N/A-20190829031434919066