TEAS Petition to Revive Abandon Applic

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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 88541585 CREALITY (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8854158 5/large) has been amended as follows: PETITION
Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 017 for Insulating materials; Semi-worked ABS (acrylonitrile butadiene styrene) filaments for use in 3D printing; Semi-worked ABS filaments for use in 3D printing; Semi-worked PLA (polylactic acid) filaments for use in 3D printing; Semi-worked PLA filaments for use in 3D printing; Semi-worked thermoplastic filaments used for 3D printing; Threads of rubber, not for use in textiles
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 03/08/2018 and first used in commerce at least as early as 02/01/2019 , and is now in use in such commerce.


Proposed:
Class 017 for Insulating materials; Semi-worked ABS (acrylonitrile butadiene styrene) filaments for use in 3D printing; Semi-worked ABS filaments for use in 3D printing; Semi-worked PLA (polylactic acid) filaments for use in 3D printing; Semi-worked PLA filaments for use in 3D printing; Semi-worked thermoplastic filaments used for 3D printing; Threads of rubber, not for use in textiles
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 03/08/2018 and first used in commerce at least as early as 02/01/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 017. The specimen(s) submitted consists of pictures of 3D Printing filaments and printouts of online retail page featuring the mark. Please be advised that the attached screenshot of Wikipedia page "The Material of 3D Printing filaments" showing 3D printing filaments can include ABS, PLA, Rubber, which are insulating materials. Therefore, Applicant hereby insisted that all identification of goods are in a similar group and the specimens submitted in this response should be sufficient..
"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].
JPG file(s):Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-149129115174-2020073 1041522437134_._la_Filame nt_For_1.75mm_Creality_Cr -10_cr-10spro_Printing_Us e.pdf
Converted PDF file(s) ( 13 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9Specimen File10Specimen File11Specimen File12Specimen File13

ADDITIONAL STATEMENTS
Miscellaneous Statement
Answers to the inquiries raised in the OA and order details as support.

Original PDF file:
mis-149129115174-20200731 041522437134_._order_deta ils__1_.pdf
Converted PDF file(s) ( 6 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5Miscellaneous File6
Original PDF file:
mis-149129115174-20200731 041522437134_._order_deta ils__2_.pdf
Converted PDF file(s) ( 5 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5
Original PDF file:
mis-149129115174-20200731 041522437134_._order_deta ils__3_.pdf
Converted PDF file(s) ( 5 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5
Original PDF file:
mis-149129115174-20200731 041522437134_._Answers_to _inquires.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1

The owner's/holder's proposed attorney information: DI LI. DI LI of Di Li Law, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      17700 Castleton St, Suite 353
      City of Industry, California 91748
      United States
is appointed to submit this Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action on behalf of the applicant.
The docket/reference number is DH.
      The phone number is 6267234849.
      The fax number is 626-956-0744.
      The email address is trademarks@dililaw.com

DI LI 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):
      XIONG ZI HONG
      PRIMARY EMAIL FOR CORRESPONDENCE: wuyiyu@dhpto.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): spdhpto@foxmail.com
Correspondence Information (proposed):
      DI LI
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@dililaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sophiayiyu@foxmail.com

The docket/reference number is DH.

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).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /DI LI/      Date: 07/31/2020
Signatory's Name: DI LI
Signatory's Position: Attorney of record
Signatory's Phone Number: 6267234849


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: /DI LI/      Date: 07/31/2020
Signatory's Name: DI LI
Signatory's Position: Attorney of record
Signatory's Phone Number: 6267234849


Response Signature
Signature: /DI LI/     Date: 07/31/2020
Signatory's Name: DI LI
Signatory's Position: Attorney of record

Signatory's Phone Number: 6267234849

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:    XIONG ZI HONG
   
   1803 ZHONGAN BUILDING, GUANGCHANG ROAD
   BUJI STREET, LONGGANG DISTRICT
   SHENZHEN CITY, 518000
Mailing Address:    DI LI
   Di Li Law, P.C.
   17700 Castleton St, Suite 353
   City of Industry, California 91748
        
RAM Sale Number: 88541585
RAM Accounting Date: 07/31/2020
        
Serial Number: 88541585
Internet Transmission Date: Fri Jul 31 05:22:02 ET 2020
TEAS Stamp: USPTO/POA-XXX.X.XX.XXX-20200731052202832
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f57773fedf23a9adf91658b412af8c7d3585-CC-
22014624-20200731050841394796