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. 88537244 NUVIEW(Standard Characters, see http://uspto.report/TM/88537244/mark.png) has been amended as follows:

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

The mark in U.S. Registration No. 5012974 has been cancelled on November 12, 2019.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Beauty masks; Cakes of toilet soap; Cosmetics; Dentifrices; Eyeshadow palettes; False eyelashes; Lip glosses; Lipsticks; Make-up; Make-up powder; Perfumes
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 07/10/2019 and first used in commerce at least as early as 07/10/2019 , and is now in use in such commerce.

Proposed: Class 003 for Beauty masks; Cakes of toilet soap; Cosmetics; Dentifrices; Eyeshadow palettes; False eyelashes; Lip glosses; Lipsticks; Make-up; Make-up powder; Perfumes
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 07/10/2019 and first used in commerce at least as early as 07/10/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 003 . The specimen(s) submitted consists of cosmetics-eyebrow pencil; Eyeshadow palettes; amazon store .
"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

The applicant's current attorney information: Yue (Robert) Xu. Yue (Robert) Xu of APEX ATTORNEYS AT LAW, LLP, is located at

      160 ALAMO PLAZA #942
      ALAMO, California 94507
      US
The docket/reference number is 94804-APXUS.

The phone number is 408-647-5296.

The email address is trademark@apex-attorneys.com

The applicants proposed attorney information: Yue (Robert) Xu. Yue (Robert) Xu of APEX ATTORNEYS AT LAW, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      160 ALAMO PLAZA #942
      ALAMO, California 94507
      United States
The docket/reference number is 94804-APXUS.

The phone number is 408-647-5296.

The email address is trademark@apex-attorneys.com

Yue (Robert) Xu 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: YUE (ROBERT) XU. YUE (ROBERT) XU of APEX ATTORNEYS AT LAW, LLP, is located at

      160 ALAMO PLAZA #942
      ALAMO, California 94507
      US
The docket/reference number is 94804-APXUS.

The phone number is 408-647-5296.

The email address is trademark@apex-attorneys.com; ustm@witmart.com; apex.attorneys@aol.com

The applicants proposed correspondence information: Yue (Robert) Xu. Yue (Robert) Xu of APEX ATTORNEYS AT LAW, LLP, is located at

      160 ALAMO PLAZA #942
      ALAMO, California 94507
      United States
The docket/reference number is 94804-APXUS.

The phone number is 408-647-5296.

The email address is trademark@apex-attorneys.com; ustm@witmart.com

SIGNATURE(S)
Declaration Signature
Signature
Signatory's Name: Fan, fan
Signatory's Position: Director
Signatory's Phone Number: 4086475296


Response Signature
Signature: /YUE XU d/     Date: 12/23/2019
Signatory's Name: Yue (Robert) Xu
Signatory's Position: Attorney of record

Signatory's Phone Number: 4086475296

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:    YUE (ROBERT) XU
   APEX ATTORNEYS AT LAW, LLP
   
   160 ALAMO PLAZA #942
   ALAMO, California 94507
Mailing Address:    Yue (Robert) Xu
   APEX ATTORNEYS AT LAW, LLP
   160 ALAMO PLAZA #942
   ALAMO, California 94507
        
Serial Number: 88537244
Internet Transmission Date: Tue Dec 24 09:07:30 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201912240907307
87514-88537244-70075997f92e93f38c03bb1fb
e844e8f915945dd645c25120e92b5fe4443e7a48
-N/A-N/A-20191223203605855585