Response to Office Action

SOXCOXO

Shenzhen MIYA E-commerce Co., Ltd.

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 88497103
LAW OFFICE ASSIGNED LAW OFFICE 117
MARK SECTION
MARK http://uspto.report/TM/88497103/mark.png
LITERAL ELEMENT SOXCOXO
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 021
DESCRIPTION
Beer mugs; Ceramic sculptures, vases, vessels, bowls, plates and pots; Coffee cups, tea cups and mugs; Drinking bottles for sports; Drinking vessels; Fruit bowls of glass; Glass jars; Insulated containers for food or beverages; Insulated flasks; Kettles, non-electric; Reusable ice cubes; Reusable glass, stainless steel water bottles sold empty; Tea pots; Thermally insulated containers for food; Vacuum flasks
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/04/2019
        FIRST USE IN COMMERCE DATE At least as early as 06/04/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 021
DESCRIPTION
Beer mugs; Ceramic sculptures, vases, vessels, bowls, plates and pots; Coffee cups, tea cups and mugs; Drinking bottles for sports; Drinking vessels; Fruit bowls of glass; Glass jars; Insulated containers for food or beverages; Insulated flasks; Kettles, non-electric; Reusable ice cubes; Reusable glass, stainless steel water bottles sold empty; Tea pots; Thermally insulated containers for food; Vacuum flasks
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 06/04/2019
       FIRST USE IN COMMERCE DATE At least as early as 06/04/2019
       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)
\\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0022.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0023.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0024.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0025.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0026.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0027.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0028.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0029.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0030.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0031.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\884\971\88497103\xml5\ ROA0032.JPG
       SPECIMEN DESCRIPTION Photographs of Applicant's goods; Screenshots of Applicant's online retail listing showing the use of mark featuring the identified goods; Applicant's sales invoices, and screenshots of order history.
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant, by its Principal, Yan Cheng, respectfully offers the attached statement, and requests the Office to consider the supporting documents uploaded as substitute specimen in this filing, in response to the September 21, 2019 Office Action.
        MISCELLANEOUS FILE NAME(S)
       ORIGINAL PDF FILE mis-10423846170-20200121073953982569_._Yan_Cheng_Statement.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\971\88497103\xml5\ROA0033.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\971\88497103\xml5\ROA0034.JPG
ATTORNEY SECTION (new)
NAME Yi Wan
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Law Office of Yi Wan
INTERNAL ADDRESS Suite 800
STREET 100 Church Street
CITY New York
STATE New York
POSTAL CODE 10007
COUNTRY United States
PHONE 646-883-8008
EMAIL yi.wan@tbchadwick.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER SYM0011702
CORRESPONDENCE SECTION (current)
NAME OKS TECHNOLOGY CO.,LTD.
FIRM NAME OKS TECHNOLOGY CO.,LTD.
STREET 1000 E WOODFIELD RD STE 237
CITY SCHAUMBURG
STATE Illinois
POSTAL CODE 60173
COUNTRY US
EMAIL yamon123@163.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Yi Wan
FIRM NAME Law Office of Yi Wan
INTERNAL ADDRESS Suite 800
STREET 100 Church Street
CITY New York
STATE New York
POSTAL CODE 10007
COUNTRY United States
PHONE 646-883-8008
EMAIL yi.wan@tbchadwick.com; docketing5@tbchadwick.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER SYM0011702
SIGNATURE SECTION
DECLARATION SIGNATURE /Yan Cheng/
SIGNATORY'S NAME Yan Cheng
SIGNATORY'S POSITION Principal
DATE SIGNED 01/21/2020
RESPONSE SIGNATURE /yw/
SIGNATORY'S NAME Yi Wan
SIGNATORY'S POSITION Attorney of record, New York Bar member
SIGNATORY'S PHONE NUMBER 646-883-8008
DATE SIGNED 01/21/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jan 21 07:46:48 EST 2020
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20200121074648381039-8849
7103-70046063bbf5d961de9c
90f9ef4d9a3b95d44e5f58494
c60a2ee45101f8ce86c23-N/A
-N/A-20200121073953982569



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. 88497103 SOXCOXO(Standard Characters, see http://uspto.report/TM/88497103/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 021 for Beer mugs; Ceramic sculptures, vases, vessels, bowls, plates and pots; Coffee cups, tea cups and mugs; Drinking bottles for sports; Drinking vessels; Fruit bowls of glass; Glass jars; Insulated containers for food or beverages; Insulated flasks; Kettles, non-electric; Reusable ice cubes; Reusable glass, stainless steel water bottles sold empty; Tea pots; Thermally insulated containers for food; Vacuum flasks
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 06/04/2019 and first used in commerce at least as early as 06/04/2019 , and is now in use in such commerce.

Proposed: Class 021 for Beer mugs; Ceramic sculptures, vases, vessels, bowls, plates and pots; Coffee cups, tea cups and mugs; Drinking bottles for sports; Drinking vessels; Fruit bowls of glass; Glass jars; Insulated containers for food or beverages; Insulated flasks; Kettles, non-electric; Reusable ice cubes; Reusable glass, stainless steel water bottles sold empty; Tea pots; Thermally insulated containers for food; Vacuum flasks
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 06/04/2019 and first used in commerce at least as early as 06/04/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021 . The specimen(s) submitted consists of Photographs of Applicant's goods; Screenshots of Applicant's online retail listing showing the use of mark featuring the identified goods; Applicant's sales invoices, and screenshots of order history. .
"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
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19
Specimen File20
Specimen File21
Specimen File22
Specimen File23
Specimen File24
Specimen File25
Specimen File26
Specimen File27
Specimen File28
Specimen File29
Specimen File30
Specimen File31

The applicant hereby appoints Yi Wan. Yi Wan of Law Office of Yi Wan, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 800
      100 Church Street
      New York, New York 10007
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is SYM0011702.

The phone number is 646-883-8008.

The email address is yi.wan@tbchadwick.com

Yi Wan 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: OKS TECHNOLOGY CO.,LTD.. OKS TECHNOLOGY CO.,LTD. of OKS TECHNOLOGY CO.,LTD., is located at

      1000 E WOODFIELD RD STE 237
      SCHAUMBURG, Illinois 60173
      US

The email address is yamon123@163.com

The applicants proposed correspondence information: Yi Wan. Yi Wan of Law Office of Yi Wan, is located at

      Suite 800
      100 Church Street
      New York, New York 10007
      United States
The docket/reference number is SYM0011702.

The phone number is 646-883-8008.

The email address is yi.wan@tbchadwick.com; docketing5@tbchadwick.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant, by its Principal, Yan Cheng, respectfully offers the attached statement, and requests the Office to consider the supporting documents uploaded as substitute specimen in this filing, in response to the September 21, 2019 Office Action.

Original PDF file:
mis-10423846170-20200121073953982569_._Yan_Cheng_Statement.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2

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 Cheng/      Date: 01/21/2020
Signatory's Name: Yan Cheng
Signatory's Position: Principal

Response Signature
Signature: /yw/     Date: 01/21/2020
Signatory's Name: Yi Wan
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 646-883-8008

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:    OKS TECHNOLOGY CO.,LTD.
   OKS TECHNOLOGY CO.,LTD.
   
   1000 E WOODFIELD RD STE 237
   SCHAUMBURG, Illinois 60173
Mailing Address:    Yi Wan
   Law Office of Yi Wan
   Suite 800
   100 Church Street
   New York, New York 10007
        
Serial Number: 88497103
Internet Transmission Date: Tue Jan 21 07:46:48 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202001210746483
81039-88497103-70046063bbf5d961de9c90f9e
f4d9a3b95d44e5f58494c60a2ee45101f8ce86c2
3-N/A-N/A-20200121073953982569


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