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. 88479184 AXT (Stylized and/or with Design, see http://uspto.report/TM/88479184/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 005 for Adhesive plasters for medical purposes; Aromatherapy creams for treating headaches, relieving stress, curing insomnia; Aromatherapy pillows for treating headaches, relieving stress, curing insomnia; Aromatherapy sticks, other than essential oils, for treating headaches, relieving stress, curing insomnia; Aseptic cotton; Bath salts and bath preparations for medical purposes; Eye patches for medical purposes; Herbal products, namely, aromatherapy packs containing herbs used for relief from headaches, insomnia and sinus discomfort; Medicated pre-moistened towelettes; Medicated toothpaste; Medicinal herbs; Medicinal herbs in dried or preserved form; Sanitary preparations for medical use; Sticking plasters for medical use
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 05/20/2019 and first used in commerce at least as early as 05/20/2019 , and is now in use in such commerce.

Proposed: Class 005 for Adhesive plasters for medical purposes; Aromatherapy creams for treating headaches, relieving stress, curing insomnia; Aromatherapy pillows for treating headaches, relieving stress, curing insomnia; Aromatherapy sticks, other than essential oils, for treating headaches, relieving stress, curing insomnia; Aseptic cotton; Bath salts and bath preparations for medical purposes; Eye patches for medical purposes; Herbal products, namely, aromatherapy packs containing herbs used for relief from headaches, insomnia and sinus discomfort; Medicated pre-moistened towelettes; Medicated toothpaste; Medicinal herbs; Medicinal herbs in dried or preserved form; Sanitary preparations for medical use; Sticking plasters for medical use
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 05/20/2019 and first used in commerce at least as early as 05/20/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 005 . The specimen(s) submitted consists of translation of specimen .
"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

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

      Room 10-1-6A,YiMeiShanZhuang,
      Kangle Road, Henggang Town,
      LonggangDist,Shenzhen, 518115
      China
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is CTM1910-005.

The phone number is 212-468-5515.

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: ZHU DAOYONG. ZHU DAOYONG, is located at

      ROOM 10-1-6A,YIMEISHANZHUANG,
      KANGLE ROAD, HENGGANG TOWN
      LONGGANG DIST,SHENZHEN, 518115
      CN
The docket/reference number is CTM1906052.

The phone number is +86-13590366401.

The email address is ernest.chan@lhphst.com; info@lhphst.com

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

      Room 10-1-6A,YiMeiShanZhuang,
      Kangle Road, Henggang Town,
      LonggangDist,Shenzhen, 518115
      China
The docket/reference number is CTM1910-005.

The phone number is +86-13590366401.

The email address is jmlawchina@gmail.com; us@pto360.com; zhangariel69@gmail.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a design consisting of a rotated square comprised of four broken lines with circles on each of the corners, to the right of this design are the stylized letters "AXT".

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: 10/24/2019
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: 10/24/2019
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:    ZHU DAOYONG
   
   ROOM 10-1-6A,YIMEISHANZHUANG,
   KANGLE ROAD, HENGGANG TOWN
   LONGGANG DIST,SHENZHEN, 518115
Mailing Address:    Jonathan G. Morton
   Room 10-1-6A,YiMeiShanZhuang,
   Kangle Road, Henggang Town,
   LonggangDist,Shenzhen, 518115
        
Serial Number: 88479184
Internet Transmission Date: Thu Oct 24 04:22:51 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201910240422511208
18-88479184-6106bdd52139c7cdd53c4f365a47
a89cf69c2fae81f2519f22d86ad0699e266b21-N
/A-N/A-20191024035348545303