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. 88521477 ROFFIE(Standard Characters, see http://uspto.report/TM/88521477/mark.png) has been amended as follows:

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

Please find attached the substantive arguments in the evidence section of the Response.

EVIDENCE
Evidence in the nature of Substantive Arguments, Third Party TSDR datasheets, substitute specimens. has been attached.
Original PDF file:
evi_20818517151-20200312134533905951_._2d.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_20818517151-20200312134533905951_._TSDR.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_20818517151-20200312134533905951_._specimen.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Apparatus for recording distance; Automated self contained electronic surveillance devices that can be deployed to gather evidence or intelligence in remote locations; Camcorders; Cases adapted for cameras; Close-up lenses; Digital photo frames; Document printers for use with computers; DVD players; Electric navigational instruments; Flash bulbs; Lenses for cameras; Microscopes; Multimedia projectors; Multiple purpose cameras; Photographic cameras; Portable media players; Recorded computer operating software; Remote controls for projectors; Sound recording apparatus; Sound reproducing apparatus; Telescopes; Weighing scales; Wireless speakers
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 03/04/2019 and first used in commerce at least as early as 03/04/2019 , and is now in use in such commerce.

Proposed: Class 009 for Apparatus for recording distance; Automated self contained electronic surveillance devices that can be deployed to gather evidence or intelligence in remote locations; Camcorders; Cases adapted for cameras; Close-up lenses; Digital photo frames; Document printers for use with computers; DVD players; Electric navigational instruments; Flash bulbs; Lenses for cameras; Microscopes; Multimedia projectors; Multiple purpose cameras; Photographic cameras; Portable media players; Recorded computer operating software; Remote controls for projectors; Sound recording apparatus; Sound reproducing apparatus; Telescopes; Weighing scales; Wireless speakers
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 03/04/2019 and first used in commerce at least as early as 03/04/2019 , and is now in use in such commerce.
Applicant proposes to amend the following:
Current: Class 021 for Animal-activated pet feeders; Animal-activated pet feeders that include dispensers for releasing pet toy feeder balls with pet food and pet treats therein; Animal activated animal feeders; Animal activated livestock feeders; Non-mechanized animal feeders; Small animal feeders
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 03/04/2019 and first used in commerce at least as early as 03/04/2019 , and is now in use in such commerce.

Proposed: Class 021 for Animal-activated pet feeders; Animal-activated pet feeders that include dispensers for releasing pet toy feeder balls with pet food and pet treats therein; Animal activated animal feeders; Animal activated livestock feeders; Non-mechanized animal feeders; Small animal feeders
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 03/04/2019 and first used in commerce at least as early as 03/04/2019 , 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 picture of the goods bearing the mark..
"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].
Original PDF file:
SPU1-20818517151-20200312134533905951_._specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

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

            Room 126, Building11, Huanan Avenue No.1      Huanan City International Printing
      paper packaging,, 518000
      China
      Email Address: mailroom-ch@mg-ip.com

Proposed: Shenzhen Apeman Innovations Technology Co., Ltd., limited company (ltd.) legally organized under the laws of China, having an address of
      Room 126, Building11, Huanan Avenue No.1
      Huanan City International Printing
      paper packaging,, 518000
      China
      Email Address: TMclient@mg-ip.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 MZC1903891G1.
      The email address is mailroom-ch@mg-ip.com

The owner's/holder's proposed attorney information: Joe McKinney Muncy. 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, is located at

      4000 LEGATO ROAD SUITE 310
      FAIRFAX, Virginia 22033
      United States
The docket/reference number is MZC1903891G1.
      The phone number is 703-621-7140.
      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 MZC1903891G1.
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 MZC1903891G1.

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: 03/12/2020
Signatory's Name: P. Jay Hines
Signatory's Position: Counsel, Virginia Bar Member No. 34772 since 1992.
Signatory's Phone Number: 703-621-7140


Response Signature
Signature: /pjh/     Date: 03/12/2020
Signatory's Name: P. Jay Hines
Signatory's Position: Counsel, Virginia Bar Member 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: 88521477
Internet Transmission Date: Thu Mar 12 14:57:23 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202003121457239
59291-88521477-710f3f1166aa928c6d7a89010
12b47593565364d8571a4a63e2760eec9deee867
a-N/A-N/A-20200312145452164862