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. 88461722 AUIE SAOSA(Standard Characters, see http://uspto.report/TM/88461722/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: AUIE SAOSA(Standard Characters, see http://uspto.report/TM/88461722/mark.png)
Proposed (USPTO generated image): AUIE SAOSA (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

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

1. Identify the particular good(s) listed in the application for which the specimen(s) was submitted to show use of the mark. Please check the picture and the name of the picture. 1）.clothes with AUIE SAOSA. 2. Was the specimen created for submission with this application?If so, specify the date each specimen was created.If applicant obtained the image(s) of the goods shown in the specimen(s) from a third-party website, provide the URL of the website and a digital copy of relevant webpage(s) for each image. NO 3. Provide information about and examples of how applicant?s goods appear in the actual sales 3) If sold in another type of sales environment (e.g., catalogs, trade shows), identify the environment and provide photographs and/or documentation showing the goods for sale in that environment. http://www.amazon.com/gp/product/B07KC3LCPC ? 4. If the information in question (3) about how the goods appear in the actual sales environment is not available to applicant, please describe how applicant?s goods are sold or transported and provide photographs and other documentation showing how applicant?s mark appears on the goods and/or its packaging when the goods are sold or transported to or within the United States. NO 5. For each category of sales environment specified in response to questions (3) and (4),specify when the goods bearing the mark were first available for purchase within the United States, the date of the first sale of the goods to or within the United States, and whether the goods are still for sale to or within the United States in that environment. FIRST USE ANYWHERE DATE：08/19/2019 FIRST USE IN COMMERCE DATE：08/19/2019 whether the goods are still for sale to or within the United States in that environment：YES 6.For the goods identified in response to question (1), specify the dollar amount of sales with or within the United States and provide at least three invoices or other supporting documentation that show payments or other consideration made, redacting personal or private information of buyers as necessary. http://www.amazon.com/AUIE-SAOSA-Turtleneck-Pullover-Sweater/dp/B07XJH8S3H/ref=sr_1_12? qid=1569053842&refinements=p_4%3AAUIE+SAOSA&s=apparel&sr=1-12 http://www.amazon.com/AUIE-SAOSA-Swimsuit-Sea-Maid-Multicolor/dp/B073TJZBPV/ref=sr_1_9? qid=1569053982&refinements=p_4%3AAUIE%2BSAOSA&s=apparel&sr=1-9&th=1 http://www.amazon.com/AUIE-SAOSA-Mermaid-Swimming-Swimwear/dp/B07MFSPD9F/ref=sr_1_8? qid=1569054068&refinements=p_4%3AAUIE%2BSAOSA&s=apparel&sr=1-8&th=1&psc=1 http://www.amazon.com/AUIE-SAOSA-Mermaid-Swimming-Swimwear/dp/B07TQ82CB2/ref=sr_1_5? qid=1569054242&refinements=p_4%3AAUIE%2BSAOSA&s=apparel&sr=1-5&th=1&psc=1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for runners, yoga; Costumes for use in role-playing games; Down jackets; Dresses; Sweaters; Swimwear; T-shirts; Top coats; Underwear
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 08/19/2018 and first used in commerce at least as early as 08/19/2018 , and is now in use in such commerce.

Proposed: Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for runners, yoga; Costumes for use in role-playing games; Down jackets; Dresses; Sweaters; Swimwear; T-shirts; Top coats; Underwear
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 08/19/2018 and first used in commerce at least as early as 08/19/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of Dresses with AUIE SAOSA. .
"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

The applicant hereby appoints Jonathan G. Morton. Jonathan G. Morton, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      RM 1603 Block 4 Yingyuemingxuan Buildin
      Hengkeng VillageLiaobu Town
      DongGuan GuangDong, 513245
      China
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is +8615622985444.

The email address is jmlawchina@gmail.com

Jonathan G. Morton 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 QIN. LI QIN, is located at

      BAIXINGLIJUN 1701
      FENGXING ROAD,XIJIN STREET,NINGGUO
      XUANCHENG, ANHUI, 242300
      CN

The phone number is +86-13956582442.

The email address is 3149004121@qq.com; 758159740@qq.com

The applicants proposed correspondence information: Jonathan G. Morton. Jonathan G. Morton, is located at

      RM 1603 Block 4 Yingyuemingxuan Buildin
      Hengkeng VillageLiaobu Town
      DongGuan GuangDong, 513245
      China

The phone number is +8615622985444.

The email address is jmlawchina@gmail.com; 3149004121@qq.com; zhangarie169@gmail.com

ADDITIONAL STATEMENTS
Translation
The wording AUIE SAOSA has no meaning in a foreign language.


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: /Jonathan G. Morton/      Date: 10/16/2019
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of Record-NY bar member
Signatory's Phone Number: 212-468-5515


Response Signature
Signature: /Jonathan G. Morton/     Date: 10/16/2019
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 2124685515

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 QIN
   
   BAIXINGLIJUN 1701
   FENGXING ROAD,XIJIN STREET,NINGGUO
   XUANCHENG, ANHUI, 242300
Mailing Address:    Jonathan G. Morton
   RM 1603 Block 4 Yingyuemingxuan Buildin
   Hengkeng VillageLiaobu Town
   DongGuan GuangDong, 513245
        
Serial Number: 88461722
Internet Transmission Date: Wed Oct 16 09:15:55 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910160915559
07587-88461722-610d7deee90941c865b9e53bf
ef3db53ed368adb4138d8fdb759490b2c3de13e4
ee-N/A-N/A-20191016091241237307