Response to Office Action

Trademark

Xiao Peng

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 88513530
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88513530/mark.png
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The logo is made up of an internal abstract face and roses, with a rosette outside.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 018
DESCRIPTION
Attache cases made of imitation leather; Attaché cases; Backpacks; Bags for climbers in the nature of all-purpose carrying bags; Bags for sports; Briefcases; Briefcases for documents; Business card cases; Canes; Canvas shopping bags; Clothing for pets; Credit card cases; Document cases; Handbags; Hat boxes of leather; Haversacks; Key-cases; Key cases; Luggage tags; Pocket wallets; Pouch baby carriers; School satchels; Sling bags for carrying infants; Tool bags, empty; Travelling bags; Travelling trunks; Umbrellas; All-purpose carrying bags for use by children, campers, etc; All-purpose sport bags for use by climbers, campers, etc; Animal skins; Credit card cases and holders; Leather credit card cases
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/06/2019
        FIRST USE IN COMMERCE DATE At least as early as 01/06/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 018
TRACKED TEXT DESCRIPTION
Attache cases made of imitation leather; Attaché cases; Backpacks; Bags for climbers in the nature of all-purpose carrying bags; Bags for sports; Briefcases; Briefcases for documents; Business card cases; Canes; Canvas shopping bags; Clothing for pets; Credit card cases; Document cases; Handbags; Hat boxes of leather; Haversacks; Key-cases; Key cases; Luggage tags; Pocket wallets; Pouch baby carriers; School satchels; Sling bags for carrying infants; Tool bags, empty; Travelling bags; Travelling trunks; Umbrellas; All-purpose carrying bags for use by children, campers, etc; All-purpose sport bags for use by climbers, campers, etc; All-purpose sport bags for use by climbers, campers; Animal skins; Credit card cases and holders; Leather credit card cases
FINAL DESCRIPTION
Attache cases made of imitation leather; Attaché cases; Backpacks; Bags for climbers in the nature of all-purpose carrying bags; Bags for sports; Briefcases; Briefcases for documents; Business card cases; Canes; Canvas shopping bags; Clothing for pets; Credit card cases; Document cases; Handbags; Hat boxes of leather; Haversacks; Key-cases; Key cases; Luggage tags; Pocket wallets; Pouch baby carriers; School satchels; Sling bags for carrying infants; Tool bags, empty; Travelling bags; Travelling trunks; Umbrellas; All-purpose carrying bags for use by children, campers, etc; All-purpose sport bags for use by climbers, campers; Animal skins; Credit card cases and holders; Leather credit card cases
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/06/2019
       FIRST USE IN COMMERCE DATE At least as early as 01/06/2019
       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\EXPORT18\IMAGEOUT 18\885\135\88513530\xml2\ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\885\135\88513530\xml2\ ROA0003.JPG
       SPECIMEN DESCRIPTION (1)Retail goods online,this is the link: http://www.amazon.com/dp/B0834L3MBY ref=myi_title_dp (2)The image of samples applicant submitted are the same as those actually sold,not just to review the trademark.
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of two silhouettes of women facing outward with a rose in the center of the silhouettes, the stylized stem of the rose encircles the entire image as a boarder with small leaves.
ATTORNEY INFORMATION (new)
NAME Lan Yu
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME YU LAW OFFICE
STREET PO Box 771201
CITY Houston
STATE Texas
POSTAL CODE 77215
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL tmofficialnotices@gmail.com
CORRESPONDENCE INFORMATION (current)
NAME XIAO PENG
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE 3182397003@qq.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) 3182397003@qq.com
CORRESPONDENCE INFORMATION (proposed)
NAME Lan Yu
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tmofficialnotices@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) 3182397003@qq.com
SIGNATURE SECTION
DECLARATION SIGNATURE /Lan Yu/
SIGNATORY'S NAME Lan Yu
SIGNATORY'S POSITION Attorney of Record, New York Bar Member
DATE SIGNED 03/16/2020
RESPONSE SIGNATURE /Lan Yu/
SIGNATORY'S NAME Lan Yu
SIGNATORY'S POSITION Attorney of Record, New York Bar Member
DATE SIGNED 03/16/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Mar 16 22:32:33 ET 2020
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20200316223233830296-8851
3530-710e7d696ad93b39f480
ab254910aaaf29f89bb5ade52
1e15e7cb0fdd24190553e-N/A
-N/A-20200316222053932082



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. 88513530  (Stylized and/or with Design, see http://uspto.report/TM/88513530/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 018 for Attache cases made of imitation leather; Attaché cases; Backpacks; Bags for climbers in the nature of all-purpose carrying bags; Bags for sports; Briefcases; Briefcases for documents; Business card cases; Canes; Canvas shopping bags; Clothing for pets; Credit card cases; Document cases; Handbags; Hat boxes of leather; Haversacks; Key-cases; Key cases; Luggage tags; Pocket wallets; Pouch baby carriers; School satchels; Sling bags for carrying infants; Tool bags, empty; Travelling bags; Travelling trunks; Umbrellas; All-purpose carrying bags for use by children, campers, etc; All-purpose sport bags for use by climbers, campers, etc; Animal skins; Credit card cases and holders; Leather credit card cases
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 01/06/2019 and first used in commerce at least as early as 01/06/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Attache cases made of imitation leather; Attaché cases; Backpacks; Bags for climbers in the nature of all-purpose carrying bags; Bags for sports; Briefcases; Briefcases for documents; Business card cases; Canes; Canvas shopping bags; Clothing for pets; Credit card cases; Document cases; Handbags; Hat boxes of leather; Haversacks; Key-cases; Key cases; Luggage tags; Pocket wallets; Pouch baby carriers; School satchels; Sling bags for carrying infants; Tool bags, empty; Travelling bags; Travelling trunks; Umbrellas; All-purpose carrying bags for use by children, campers, etc; All-purpose sport bags for use by climbers, campers, etc; All-purpose sport bags for use by climbers, campers; Animal skins; Credit card cases and holders; Leather credit card casesClass 018 for Attache cases made of imitation leather; Attaché cases; Backpacks; Bags for climbers in the nature of all-purpose carrying bags; Bags for sports; Briefcases; Briefcases for documents; Business card cases; Canes; Canvas shopping bags; Clothing for pets; Credit card cases; Document cases; Handbags; Hat boxes of leather; Haversacks; Key-cases; Key cases; Luggage tags; Pocket wallets; Pouch baby carriers; School satchels; Sling bags for carrying infants; Tool bags, empty; Travelling bags; Travelling trunks; Umbrellas; All-purpose carrying bags for use by children, campers, etc; All-purpose sport bags for use by climbers, campers; Animal skins; Credit card cases and holders; Leather credit card cases
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 01/06/2019 and first used in commerce at least as early as 01/06/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 018. The specimen(s) submitted consists of (1)Retail goods online,this is the link: http://www.amazon.com/dp/B0834L3MBY ref=myi_title_dp (2)The image of samples applicant submitted are the same as those actually sold,not just to review the trademark..
"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

The owner's/holder's proposed attorney information Lan Yu. Lan Yu of YU LAW OFFICE, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO Box 771201
      Houston, Texas 77215
      United States
to submit this Response to Office Action Form on behalf of the applicant.
      The email address is tmofficialnotices@gmail.com

Lan Yu 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):
      XIAO PENG
      PRIMARY EMAIL FOR CORRESPONDENCE: 3182397003@qq.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): 3182397003@qq.com
Correspondence Information (proposed):
      Lan Yu
      PRIMARY EMAIL FOR CORRESPONDENCE: tmofficialnotices@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): 3182397003@qq.com

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).

ADDITIONAL STATEMENTS
Description of mark
The mark consists of two silhouettes of women facing outward with a rose in the center of the silhouettes, the stylized stem of the rose encircles the entire image as a boarder with small leaves.

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: /Lan Yu/      Date: 03/16/2020
Signatory's Name: Lan Yu
Signatory's Position: Attorney of Record, New York Bar Member

Response Signature
Signature: /Lan Yu/     Date: 03/16/2020
Signatory's Name: Lan Yu
Signatory's Position: Attorney of Record, New York Bar Member

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:    XIAO PENG
   
   GUANGCHAO FU PO BOX 113294
   PINGXI TOWN, SHOUNING COUNTY
   CARROLLTON, Texas 75011
Mailing Address:    Lan Yu
   YU LAW OFFICE
   PO Box 771201
   Houston, Texas 77215
        
Serial Number: 88513530
Internet Transmission Date: Mon Mar 16 22:32:33 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202003162232338
30296-88513530-710e7d696ad93b39f480ab254
910aaaf29f89bb5ade521e15e7cb0fdd24190553
e-N/A-N/A-20200316222053932082


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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