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. 88473542 POIZON (Stylized and/or with Design, see http://uspto.report/TM/88473542/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Blank USB flash drives; Cameras; Computer peripheral devices; Credit card encoding machines; Data processing apparatus; Downloadable computer game programs; Downloadable computer game software for use on mobile and cellular phones; Downloadable computer operating programs; Downloadable computer software for computer system and application development, deployment and management; Electronic tags for goods; Keyboards; Mouse pads; Pedometers; Pocket calculators; Rechargeable batteries; Recorded computer operating software; Smartglasses; Smartphones; Smartwatches; Telephones incorporating intercommunication systems
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 10/20/2018 and first used in commerce at least as early as 05/10/2019 , and is now in use in such commerce.

Proposed: Class 009 for Blank USB flash drives; Cameras; Computer peripheral devices; Credit card encoding machines; Data processing apparatus; Downloadable computer game programs; Downloadable computer game software for use on mobile and cellular phones; Downloadable computer operating programs; Downloadable computer software for computer system and application development, deployment and management; Electronic tags for goods; Keyboards; Mouse pads; Pedometers; Pocket calculators; Rechargeable batteries; Recorded computer operating software; Smartglasses; Smartphones; Smartwatches; Telephones incorporating intercommunication systems
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following:
Current: Class 016 for Adhesive bands for stationery or household purposes; Adhesive tapes for stationery or household purposes; Boxes of paper; Boxes of paper or cardboard; Cardboard; Copy paper; Lithographic works of art; Packaging boxes of cardboard; Packaging boxes of paper; Packing paper; Paper folding machines as office requisites; Plastic film for wrapping; Plastic gift wrap; Printed calendars; Self-adhesive tapes for stationery or household purposes; Staplers; Stickers; Waterproof paper; Wrapping paper; Plastic bubble packs for wrapping or packaging
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 10/20/2018 and first used in commerce at least as early as 05/10/2019 , and is now in use in such commerce.

Proposed: Class 016 for Adhesive bands for stationery or household purposes; Adhesive tapes for stationery or household purposes; Boxes of paper; Boxes of paper or cardboard; Cardboard; Copy paper; Lithographic works of art; Packaging boxes of cardboard; Packaging boxes of paper; Packing paper; Paper folding machines as office requisites; Plastic film for wrapping; Plastic gift wrap; Printed calendars; Self-adhesive tapes for stationery or household purposes; Staplers; Stickers; Waterproof paper; Wrapping paper; Plastic bubble packs for wrapping or packaging
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following:
Current: Class 035 for Administrative processing of purchase orders; Advertising planning; Advertising services; Advertising agency services; Business advice and commercial information; Business management assistance; Commercial administration of the licensing of the goods and services of others; Commercial information and advice for consumers in the choice of products and services; Import-export agency services; Marketing research; Online advertising on a computer network; Outdoor advertising; Pay per click advertising; Professional business consultancy; Providing business information; Providing business information via a web site; Providing television home shopping services in the field of general consumer merchandise; Provision of an online marketplace for buyers and sellers of goods and services; Publicity agents; Sales promotion for others
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 10/20/2018 and first used in commerce at least as early as 05/10/2019 , and is now in use in such commerce.

Proposed: Class 035 for Administrative processing of purchase orders; Advertising planning; Advertising services; Advertising agency services; Business advice and commercial information; Business management assistance; Commercial administration of the licensing of the goods and services of others; Commercial information and advice for consumers in the choice of products and services; Import-export agency services; Marketing research; Online advertising on a computer network; Outdoor advertising; Pay per click advertising; Professional business consultancy; Providing business information; Providing business information via a web site; Providing television home shopping services in the field of general consumer merchandise; Provision of an online marketplace for buyers and sellers of goods and services; Publicity agents; Sales promotion for others
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Shanghai Shizhuang Information Technology Co., Ltd. a(n) limited company (ltd.), legally organized under the laws of China, having an address of

            Room 517, Building 1, No. 687, East      Daming Road, Hongkou District,
      Shanghai,, 200080
      China
      Email Address: mailroom-ch@mg-ip.com

Proposed: Shanghai Shizhuang Information Technology Co., Ltd., limited company (ltd.) legally organized under the laws of China, having an address of
      Room 517, Building 1, No. 687, East
      Daming Road, Hongkou District,
      Shanghai,, 200080
      China
      Email Address: cm-mark@hotmail.com

The owner's/holder's current attorney information: Joe McKinney Muncy. Joe McKinney Muncy of MUNCY, GEISSLER, OLDS & LOWE, P.C., is located at

      4000 LEGATO ROAD SUITE 310
      FAIRFAX, Virginia 22033
      United States
The docket/reference number is ZC1903231G2.
      The email address is mailroom-ch@mg-ip.com

The owner's/holder's proposed attorney information: Joe McKinney Muncy. Other appointed attorneys are P. Jay Hines. Joe McKinney Muncy of MUNCY, GEISSLER, OLDS & LOWE, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      4000 LEGATO ROAD SUITE 310
      FAIRFAX, Virginia 22033
      United States
The docket/reference number is ZC1903231G2.
      The email address is mailroom-ch@mg-ip.com

Joe McKinney Muncy 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.Correspondence Information (current):
      JOE MCKINNEY MUNCY
      PRIMARY EMAIL FOR CORRESPONDENCE: mailroom-ch@mg-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ZC1903231G2.
Correspondence Information (proposed):
      Joe McKinney Muncy
      PRIMARY EMAIL FOR CORRESPONDENCE: mailroom-ch@mg-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ZC1903231G2.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /pjh/      Date: 02/24/2020
Signatory's Name: P. Jay Hines
Signatory's Position: Virginia Bar Member No. 34772, Admitted 1992.
Signatory's Phone Number: 703-621-7140


Response Signature
Signature: /pjh/     Date: 02/24/2020
Signatory's Name: P. Jay Hines
Signatory's Position: Counsel, Virginia Bar No. 34772 since 1992

Signatory's Phone Number: 703-621-7140

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:    JOE MCKINNEY MUNCY
   MUNCY, GEISSLER, OLDS & LOWE, P.C.
   
   4000 LEGATO ROAD SUITE 310
   FAIRFAX, Virginia 22033
Mailing Address:    Joe McKinney Muncy
   MUNCY, GEISSLER, OLDS & LOWE, P.C.
   4000 LEGATO ROAD SUITE 310
   FAIRFAX, Virginia 22033
        
Serial Number: 88473542
Internet Transmission Date: Mon Feb 24 14:55:03 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020022414550348
4175-88473542-710178d13e18a024ba21609e84
8b0a7788cbc513f480d4d44f964bd732f7c5-N/A
-N/A-20200224040323200176