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. 88538567 VTINVAN (Stylized and/or with Design, see http://uspto.report/TM/88538567/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 10/28/2019 against the applied-for mark VTINVAN (No.88538567) because of a likelihood of confusion with the referenced mark VTIN (No.86570640 ). Firstly, though the front parts of the two marks (VTIN) are the same, the main parts of the two marks are totally different. The mark?VTINVAN?(No.88538567) is in stylized format. While the mark ?VTIN?(No.86570640) is applied in standard character.Secondly, applicant?s goods are modified as?3D spectacles; Electronic desk calculators; Eyewear cases; Magnifying lenses; Metronomes; Mini beam projectors; Projection screens; Remote controls for air-conditioning apparatus; Remote controls for televisions; Video monitors?in International Class 09. While referenced mark?s goods are ?Audio speakers; computer accessories, namely, computer mice, computer keyboards, computer speakers, computer cables, AC Adapters for computers, USB Adapters, computer screen filters, and computer screen protectors; electronic tablet accessories, namely, tablet cases, tablet skins, tablet screen protectors, tablet cables, tablet stands, tablet mounts, tablet batteries, tablet stylus, tablet headphones, tablet microphones, and docking stations for tablets, tablet screen cleaners and tablet cleaning cloths; camera accessories, namely, camera batteries, camera lenses, camera filters, camera hoods, camera cleaning cloths, camera memory cards, camera tripods, camera cases, camera mounts, camera stands, camera battery grips, camera remote controls, camera shutter releases, camera flashes, camera lens caps, camera under water housing, camera stabilizers and camera viewfinders; and cellphone accessories, namely, cellphone cases, cellphone holsters, cellphone mounts, cellphone stands, cellphone screen protectors, cellphone batteries, cellphone battery packs, cellphone battery chargers, cellphone power adapters, cellphone headsets, and cellphone? in International Class 09. The applicant?s goods now is totally irrelated to the referenced mark. As is stated above, we believe that the applied-for mark "VTINVAN? 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 "VTINVAN" .

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for 3D spectacles; Cabinets for loudspeakers; Cases for smartphones; Computer peripherals; Earphones and headphones; Electronic desk calculators; Eyewear cases; Headphones; Magnifying lenses; Metronomes; Mini beam projectors; Mousepads; Projection screens; Remote controls for air-conditioning apparatus; Remote controls for televisions; Smartphone mounts; USB cables for cellphones; Video monitors
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 02/10/2019 and first used in commerce at least as early as 02/10/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: 3D spectacles; Cabinets for loudspeakers; Electronic desk calculators; Cases for smartphones; Eyewear cases; Computer peripherals; Magnifying lenses; Earphones and headphones; Metronomes; Mini beam projectors; Projection screens; Headphones; Remote controls for air-conditioning apparatus; Remote controls for televisions; Video monitors; Mousepads; Smartphone mounts; USB cables for cellphonesClass 009 for 3D spectacles; Electronic desk calculators; Eyewear cases; Magnifying lenses; Metronomes; Mini beam projectors; Projection screens; Remote controls for air-conditioning apparatus; Remote controls for televisions; Video monitors
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 02/10/2019 and first used in commerce at least as early as 02/10/2019 , and is now in use in such commerce.
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: TIAN XIN. TIAN XIN, is located at

      7/F, ROOM 709-710
      EXCELLENCE 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; ip@afnlegal.com

SIGNATURE(S)
Response Signature
Signature: /Angus Ni/     Date: 11/19/2019
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:    TIAN XIN
   
   7/F, ROOM 709-710
   EXCELLENCE CENTURY CENTER,TOWER 3
   SHENZHEN, 518000
Mailing Address:    Angus Ni
   506 2nd Avenue, Suite 1400
   Seattle, Washington 98104
        
Serial Number: 88538567
Internet Transmission Date: Tue Nov 19 04:22:32 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201911190422329
86513-88538567-700988b5ef2da52abb674ccf7
380cc695bb357d93a4aee69aef5bbde8bf3a9-N/
A-N/A-20191119041923299894