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)

---

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. 88523097 I-MOTION (Stylized and/or with Design, see http://uspto.report/TM/88523097/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: I-MOTION (Stylized and/or with Design, see http://uspto.report/TM/88523097/mark.png)
Proposed: I-MOTION (Stylized and/or with Design, see below )(

)
The applicant is not claiming color as a feature of the mark.
The mark consists of the stylized words i-motion.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 035 for Import-export agency services; On-line wholesale and retail store services featuring electronic muscle stimulators for medical purposes,body-training apparatus,medical electrodes; Wholesale and retail store services featuring electronic muscle stimulators for medical purposes,body-training apparatus,medical electrodes
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 07/20/2017 and first used in commerce at least as early as 07/20/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Import-export agency services; On-line wholesale and retail store services featuring electronic muscle stimulators for medical purposes,body-training apparatus,medical electrodes; Wholesale and retail store services featuring electronic muscle stimulators for medical purposes,body-training apparatus,medical electrodesClass 035 for On-line wholesale and retail store services featuring electronic muscle stimulators for medical purposes,body-training apparatus,medical electrodes; Wholesale and retail store services featuring electronic muscle stimulators for medical purposes,body-training apparatus,medical electrodes
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 07/20/2017 and first used in commerce at least as early as 07/20/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035. The specimen(s) submitted consists of website printouts showing applicants services offered in connection with 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:
SPU0-83010474-20200218174734827495_._I-motiondistribucion_spanish.pdf
Converted PDF file(s) ( 6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPU0-83010474-20200218174734827495_._I-motiondistribucion_english.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPU0-83010474-20200218174734827495_._Request_information__Distributors.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPU0-83010474-20200218174734827495_._Fitness_muscle_stimulator_in_40_countries_i-motion_EMS.pdf
Converted PDF file(s) ( 5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

The owner's/holder's proposed attorney information Felipe Rubio. Felipe Rubio of Rubio & Associates, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      8950 SW 74TH Ct
      1804
      Miami, Florida 33156
      United States
to submit this Response to Office Action Form on behalf of the applicant.
      The phone number is 3056700323.
      The email address is mail@rubiolaw.com

Felipe Rubio 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):
      ZONGHUA.WU
      PRIMARY EMAIL FOR CORRESPONDENCE: corner.wds@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): 337645375@qq.com
Correspondence Information (proposed):
      Felipe Rubio
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@rubiolaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): uspto@rubiolaw.com; frubio@rubiolawyers.com; mail@ustmonline.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).

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_2085712134-212551340_._Signature_Page.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Jose Luis Soto Bellos
Signatory's Position: President
Signatory's Phone Number: 8618136065954


Response Signature
Signature: /Felipe rubio/     Date: 02/19/2020
Signatory's Name: Felipe Rubio
Signatory's Position: Attorney of Record, Florida Bar member

Signatory's Phone Number: (305) 670-0323

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:    ZONGHUA.WU
   
   
   2438 INDUSTRIAL BLVD, #511
   ABILENE, Texas 79605
Mailing Address:    Felipe Rubio
   Rubio & Associates
   8950 SW 74TH Ct
   1804
   Miami, Florida 33156
        
Serial Number: 88523097
Internet Transmission Date: Wed Feb 19 21:45:17 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020021921451728
4963-88523097-710a41b2afb94a9f89cdbad794
415da8fb273e81cca38ff68b5a8c086162a1f-N/
A-N/A-20200219212551340729