Response to Office Action

ANIKVA

Xu Zhiyong

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 88537869
LAW OFFICE ASSIGNED LAW OFFICE 121
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88537869/mark.png
LITERAL ELEMENT ANIKVA
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 wording "ANIKVA" in stylized format.
ARGUMENT(S)
This is a response to the Office Action issued on 10/21/2019 against the applied-for mark ANIKVA (No.88537869) because of a likelihood of confusion with the marks in U.S.Registration ANIKUV(No.5265043). By detailed comparison, the two marks are found to be completely different and there is little possibility to cause any confusion among consumers. First, the two trademarks are totally different in the appearance. The applied for mark ANIKVA is end with VA which pronunciation is different from the letters UV in the registered mark. Second, the applied for mark has sold its goods for a long time and there are advertisements on google and youtube. This can show that is has a reputation among customers. The customers can definitely recognize the two different marks and find what they want to buy. As is stated above, we believe that the pending mark "ANIKVA" is different from the registered mark and is not likely to cause any confusion among customers. Therefore, the USPTO should consider the registration of the pending trade mark "ANIKVA" .
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the stylized wording "ANIKVA" with three wavy lines of various thickness above the wording.
ATTORNEY SECTION (new)
NAME Angus Ni
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET 506 2nd Avenue, Suite 1400
CITY Seattle
STATE Washington
POSTAL CODE 98104
COUNTRY United States
EMAIL ip@afnlegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME XU ZHIYONG
INTERNAL ADDRESS 7/F, ROOM 709-710
STREET EXCELLENT CENTURY CENTER TOWER 3
CITY SHENZHEN
POSTAL CODE 518000
COUNTRY CN
EMAIL usa@howlader.net; usa@howlader.net
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Angus Ni
STREET 506 2nd Avenue, Suite 1400
CITY Seattle
STATE Washington
POSTAL CODE 98104
COUNTRY United States
EMAIL ip@afnlegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Angus Ni/
SIGNATORY'S NAME Angus Ni
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 11/05/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Nov 05 01:18:09 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20191105011809861816-8853
7869-700c0606b3fce31db7de
390b7628c6be5773f72d0caab
789d79d85b575458ff48d-N/A
-N/A-20191105011619342556



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. 88537869 ANIKVA (Stylized and/or with Design, see http://uspto.report/TM/88537869/mark.png) has been amended as follows:

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

This is a response to the Office Action issued on 10/21/2019 against the applied-for mark ANIKVA (No.88537869) because of a likelihood of confusion with the marks in U.S.Registration ANIKUV(No.5265043). By detailed comparison, the two marks are found to be completely different and there is little possibility to cause any confusion among consumers. First, the two trademarks are totally different in the appearance. The applied for mark ANIKVA is end with VA which pronunciation is different from the letters UV in the registered mark. Second, the applied for mark has sold its goods for a long time and there are advertisements on google and youtube. This can show that is has a reputation among customers. The customers can definitely recognize the two different marks and find what they want to buy. As is stated above, we believe that the pending mark "ANIKVA" is different from the registered mark and is not likely to cause any confusion among customers. Therefore, the USPTO should consider the registration of the pending trade mark "ANIKVA" .

The applicant hereby appoints Angus Ni. Angus Ni, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      506 2nd Avenue, Suite 1400
      Seattle, Washington 98104
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The email address is ip@afnlegal.com

Angus Ni 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: XU ZHIYONG. XU ZHIYONG, is located at

      7/F, ROOM 709-710
      EXCELLENT CENTURY CENTER TOWER 3
      SHENZHEN, 518000
      CN

The email address is usa@howlader.net; usa@howlader.net

The applicants proposed correspondence information: Angus Ni. Angus Ni, is located at

      506 2nd Avenue, Suite 1400
      Seattle, Washington 98104
      United States

The email address is ip@afnlegal.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "ANIKVA" with three wavy lines of various thickness above the wording.

SIGNATURE(S)
Response Signature
Signature: /Angus Ni/     Date: 11/05/2019
Signatory's Name: Angus Ni
Signatory's Position: Attorney of record

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:    XU ZHIYONG
   
   7/F, ROOM 709-710
   EXCELLENT CENTURY CENTER TOWER 3
   SHENZHEN, 518000
Mailing Address:    Angus Ni
   506 2nd Avenue, Suite 1400
   Seattle, Washington 98104
        
Serial Number: 88537869
Internet Transmission Date: Tue Nov 05 01:18:09 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201911050118098
61816-88537869-700c0606b3fce31db7de390b7
628c6be5773f72d0caab789d79d85b575458ff48
d-N/A-N/A-20191105011619342556



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