Response to Office Action

PISEN

Shenzhen PISEN Industry Co., Ltd

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 88560841
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88560841/mark.png
LITERAL ELEMENT PISEN
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 stylized wording "PISEN".
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 010
DESCRIPTION
Babies' bottles; Condoms; Ear picks; Ear plugs for soundproofing; Electric massage apparatus for household use; Foot massage apparatus; Hearing aids; Heating cushions, electric, for medical purposes; Love dolls; Massage apparatus for eyes; Sex toys; Sphygmomanometers; Vibromassage apparatus; Masks for use by medical personnel
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/19/2019
        FIRST USE IN COMMERCE DATE At least as early as 05/19/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 010
DESCRIPTION
Babies' bottles; Condoms; Ear picks; Ear plugs for soundproofing; Electric massage apparatus for household use; Foot massage apparatus; Hearing aids; Heating cushions, electric, for medical purposes; Love dolls; Massage apparatus for eyes; Sex toys; Sphygmomanometers; Vibromassage apparatus; Masks for use by medical personnel
FILING BASIS Section 1(b)
DELETED FILING BASIS 1(a);
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK "PISEN" 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.
MISCELLANEOUS STATEMENT "PISEN" does not identify a geographic place. "PISEN" is not a surname or given name.
ATTORNEY INFORMATION (new)
NAME Shan, Zhu
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET 39-15 Main St., Suite 200, Flushing,
CITY New York
STATE New York
POSTAL CODE 11354
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 347-470-7008
EMAIL shan@cunmail.com
DOCKET/REFERENCE NUMBER SHA1902
CORRESPONDENCE INFORMATION (current)
NAME WANG WEIFA
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE 2091592391@qq.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Shan, Zhu
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE shan@cunmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER SHA1902
SIGNATURE SECTION
DECLARATION SIGNATURE /Shan, Zhu/
SIGNATORY'S NAME Shan, Zhu
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 03/24/2020
RESPONSE SIGNATURE /Shan, Zhu/
SIGNATORY'S NAME Shan, Zhu
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 03/24/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Mar 24 05:02:47 ET 2020
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XX-2
0200324050247013191-88560
841-710edca2ae3bfee1298a2
f1716a2061280ada124f7bdd0
b58fd9844d88d0da70-N/A-N/
A-20200324043829879156



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. 88560841 PISEN (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8856084 1/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Babies' bottles; Condoms; Ear picks; Ear plugs for soundproofing; Electric massage apparatus for household use; Foot massage apparatus; Hearing aids; Heating cushions, electric, for medical purposes; Love dolls; Massage apparatus for eyes; Sex toys; Sphygmomanometers; Vibromassage apparatus; Masks for use by medical personnel
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 05/19/2019 and first used in commerce at least as early as 05/19/2019 , and is now in use in such commerce.


Proposed:
Class 010 for Babies' bottles; Condoms; Ear picks; Ear plugs for soundproofing; Electric massage apparatus for household use; Foot massage apparatus; Hearing aids; Heating cushions, electric, for medical purposes; Love dolls; Massage apparatus for eyes; Sex toys; Sphygmomanometers; Vibromassage apparatus; Masks for use by medical personnel
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
"PISEN" 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.


Miscellaneous Statement
"PISEN" does not identify a geographic place. "PISEN" is not a surname or given name.


The owner's/holder's proposed attorney information: Shan, Zhu. Shan, Zhu, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      39-15 Main St., Suite 200, Flushing,
      New York, New York 11354
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is SHA1902.
      The phone number is 347-470-7008.
      The email address is shan@cunmail.com

Shan, Zhu 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):
      WANG WEIFA
      PRIMARY EMAIL FOR CORRESPONDENCE: 2091592391@qq.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Shan, Zhu
      PRIMARY EMAIL FOR CORRESPONDENCE: shan@cunmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is SHA1902.

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).

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: /Shan, Zhu/      Date: 03/24/2020
Signatory's Name: Shan, Zhu
Signatory's Position: Attorney of record

Response Signature
Signature: /Shan, Zhu/     Date: 03/24/2020
Signatory's Name: Shan, Zhu
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:    WANG WEIFA
   
   WEI DONG LONG KE JI DA SHA 1331-1332
   LONG HUA XIN QU
   SHENZHEN, 518109
Mailing Address:    Shan, Zhu
   39-15 Main St., Suite 200, Flushing,
   New York, New York 11354
        
Serial Number: 88560841
Internet Transmission Date: Tue Mar 24 05:02:47 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020032405024701
3191-88560841-710edca2ae3bfee1298a2f1716
a2061280ada124f7bdd0b58fd9844d88d0da70-N
/A-N/A-20200324043829879156



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