Response to Office Action

HORSCRITE

Li Xipeng

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 88550072
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION
MARK http://uspto.report/TM/88550072/mark.png
LITERAL ELEMENT HORSCRITE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 018
DESCRIPTION
Backpacks; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Crossbody bags; Duffel bags; Handbags; Hiking bags; Overnight bags; Pet clothing; Purses and wallets; School bags; Shoulder bags; Small backpacks; Sport bags; Suitcases; Textile shopping bags; Travel baggage; Travelling bags; Waist bags; Waist pouches
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/02/2019
        FIRST USE IN COMMERCE DATE At least as early as 06/02/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 018
DESCRIPTION
Backpacks; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Crossbody bags; Duffel bags; Handbags; Hiking bags; Overnight bags; Pet clothing; Purses and wallets; School bags; Shoulder bags; Small backpacks; Sport bags; Suitcases; Textile shopping bags; Travel baggage; Travelling bags; Waist bags; Waist pouches
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 06/02/2019
       FIRST USE IN COMMERCE DATE At least as early as 06/02/2019
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0004.JPG
       SPECIMEN DESCRIPTION Photographs of Applicant's products showing use of the mark in commerce
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT 1.Purses and wallets; Waist bags; 2.Submitted specimens are in actual use and were not created for filing application. 3.Products with Applicant's mark are sold on Amazon: http://www.amazon.com/Houdor-Crossbody-Lightweight-Pockets-Smartphone/dp/B07P6GL79S/ref=sr_1_27?dchild=1&keywords=phone+purse&qid=1577153200&sr=8-27 4. Applicant's products were sold in the United States prior to the application date and are still sold
       MISCELLANEOUS
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\885\500\88550072\xml3\ ROA0014.JPG
ATTORNEY SECTION (new)
NAME Adriano Pacifici
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Intellectual Property Consulting, LLC
INTERNAL ADDRESS Suite B
STREET 334 Carondelet Street
CITY New Orleans
STATE Louisiana
POSTAL CODE 70130
COUNTRY United States
PHONE 504-323-6600
EMAIL apacifici@iplawconsulting.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 00989
CORRESPONDENCE SECTION (current)
NAME LEO WANG
STREET 10673 ORANGE BLOSSOM DR
CITY RANCHO CUCAMONGA
STATE California
POSTAL CODE 91730
COUNTRY US
PHONE 626-548-9443
EMAIL uspto.gov@hotmail.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Adriano Pacifici
FIRM NAME Intellectual Property Consulting, LLC
INTERNAL ADDRESS Suite B
STREET 334 Carondelet Street
CITY New Orleans
STATE Louisiana
POSTAL CODE 70130
COUNTRY United States
PHONE 504-323-6600
EMAIL apacifici@iplawconsulting.com; trademarks@iplawconsulting.com; dmintlsz@163.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 00989
SIGNATURE SECTION
DECLARATION SIGNATURE /Li Xipeng/
SIGNATORY'S NAME Li Xipeng
SIGNATORY'S POSITION Principal
SIGNATORY'S PHONE NUMBER 504-323-6600
DATE SIGNED 01/09/2020
RESPONSE SIGNATURE /APacifici/
SIGNATORY'S NAME Adriano Pacifici
SIGNATORY'S POSITION Attorney of record
SIGNATORY'S PHONE NUMBER 504-323-6600
DATE SIGNED 01/09/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jan 09 15:23:56 EST 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0200109152356816606-88550
072-70063121e3eb774984725
a9202ca8c76e177e36fdd6583
4b36033d5dcde61fd7-N/A-N/
A-20200109152112166850



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. 88550072 HORSCRITE(Standard Characters, see http://uspto.report/TM/88550072/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 018 for Backpacks; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Crossbody bags; Duffel bags; Handbags; Hiking bags; Overnight bags; Pet clothing; Purses and wallets; School bags; Shoulder bags; Small backpacks; Sport bags; Suitcases; Textile shopping bags; Travel baggage; Travelling bags; Waist bags; Waist pouches
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 06/02/2019 and first used in commerce at least as early as 06/02/2019 , and is now in use in such commerce.

Proposed: Class 018 for Backpacks; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Crossbody bags; Duffel bags; Handbags; Hiking bags; Overnight bags; Pet clothing; Purses and wallets; School bags; Shoulder bags; Small backpacks; Sport bags; Suitcases; Textile shopping bags; Travel baggage; Travelling bags; Waist bags; Waist pouches
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 06/02/2019 and first used in commerce at least as early as 06/02/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 018 . The specimen(s) submitted consists of Photographs of Applicant's products showing use of the mark in commerce .
"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

The applicant hereby appoints Adriano Pacifici. Adriano Pacifici of Intellectual Property Consulting, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite B
      334 Carondelet Street
      New Orleans, Louisiana 70130
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 00989.

The phone number is 504-323-6600.

The email address is apacifici@iplawconsulting.com

Adriano Pacifici 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: LEO WANG. LEO WANG, is located at

      10673 ORANGE BLOSSOM DR
      RANCHO CUCAMONGA, California 91730
      US

The phone number is 626-548-9443.

The email address is uspto.gov@hotmail.com

The applicants proposed correspondence information: Adriano Pacifici. Adriano Pacifici of Intellectual Property Consulting, LLC, is located at

      Suite B
      334 Carondelet Street
      New Orleans, Louisiana 70130
      United States
The docket/reference number is 00989.

The phone number is 504-323-6600.

The email address is apacifici@iplawconsulting.com; trademarks@iplawconsulting.com; dmintlsz@163.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
1.Purses and wallets; Waist bags; 2.Submitted specimens are in actual use and were not created for filing application. 3.Products with Applicant's mark are sold on Amazon: http://www.amazon.com/Houdor-Crossbody-Lightweight-Pockets-Smartphone/dp/B07P6GL79S/ref=sr_1_27?dchild=1&keywords=phone+purse&qid=1577153200&sr=8-27 4. Applicant's products were sold in the United States prior to the application date and are still sold
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10

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: /Li Xipeng/      Date: 01/09/2020
Signatory's Name: Li Xipeng
Signatory's Position: Principal
Signatory's Phone Number: 504-323-6600


Response Signature
Signature: /APacifici/     Date: 01/09/2020
Signatory's Name: Adriano Pacifici
Signatory's Position: Attorney of record

Signatory's Phone Number: 504-323-6600

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:    LEO WANG
   
   
   10673 ORANGE BLOSSOM DR
   RANCHO CUCAMONGA, California 91730
Mailing Address:    Adriano Pacifici
   Intellectual Property Consulting, LLC
   Suite B
   334 Carondelet Street
   New Orleans, Louisiana 70130
        
Serial Number: 88550072
Internet Transmission Date: Thu Jan 09 15:23:56 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020010915235681
6606-88550072-70063121e3eb774984725a9202
ca8c76e177e36fdd65834b36033d5dcde61fd7-N
/A-N/A-20200109152112166850


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