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. 88538547 LEWEAR(Standard Characters, see http://uspto.report/TM/88538547/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Baby bottle sterilizers; Disinfectant apparatus for medical purposes; Electric boilers; Electric candles; Electric casseroles; Electric dehydrators; Electric fans; Electric fryers; Electric hotplates; Electric kettles; Electric lamps; Electric lanterns; Electric luminaires; Electric radiators; Electric roasters; Electric skillets; Kettles, electric; Electric kettles for household purposes; Electric tea kettles; Tea kettles, electric; Whistling kettles, electric
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 01/01/2019 and first used in commerce at least as early as 01/01/2019 , and is now in use in such commerce.

Proposed: Class 011 for Baby bottle sterilizers; Disinfectant apparatus for medical purposes; Electric boilers; Electric candles; Electric casseroles; Electric dehydrators; Electric fans; Electric fryers; Electric hotplates; Electric kettles; Electric lamps; Electric lanterns; Electric luminaires; Electric radiators; Electric roasters; Electric skillets; Kettles, electric; Electric kettles for household purposes; Electric tea kettles; Tea kettles, electric; Whistling kettles, electric
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

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

      One Penn Plaza, Suite 2015
      250 W 34th Street
      New York, New York 10119
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The email address is USTKAPP@outlook.com

Shiyong Ye 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: STEVEN. STEVEN, is located at

      805 LINDA VISTA AVE, APT 106C,
      ARLINGTON, Texas 76013
      US

The phone number is 469-834-2772.

The email address is xiamenyoujing@163.com

The applicants proposed correspondence information: Shiyong Ye. Shiyong Ye, is located at

      One Penn Plaza, Suite 2015
      250 W 34th Street
      New York, New York 10119
      United States

The email address is USTKAPP@outlook.com

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
LEWEAR appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) LEWEAR has no meaning in a foreign language.


Miscellaneous Statement
This is to certify that Mingwei Wang, president of Xiamen Youjing E-commerce Co., Ltd. ("Company") is authorized to file and sign the Company's initial trademark application with Serial 88538547.

Original PDF file:
mis-22015813212-20191229193534074521_._88538547.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

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: /Shiyong Ye/      Date: 01/02/2020
Signatory's Name: Shiyong Ye
Signatory's Position: Attorney of record
Signatory's Phone Number: 212-858-9978


Response Signature
Signature: /Shiyong Ye/     Date: 01/02/2020
Signatory's Name: Shiyong Ye
Signatory's Position: Attorney of record

Signatory's Phone Number: 212-858-9978

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:    STEVEN
   
   
   805 LINDA VISTA AVE, APT 106C,
   ARLINGTON, Texas 76013
Mailing Address:    Shiyong Ye
   One Penn Plaza, Suite 2015
   250 W 34th Street
   New York, New York 10119
        
Serial Number: 88538547
Internet Transmission Date: Thu Jan 02 02:58:16 EST 2020
TEAS Stamp: USPTO/ROA-XXX.X.XX.XXX-20200102025816444
604-88538547-700986feae91cd42e49482b50d6
a8731c17257f8513af2e83b6eb6c6948ff701683
-N/A-N/A-20200102025622288794