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. 88562154 YDD (Stylized and/or with Design, see http://uspto.report/TM/88562154/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The applicant for U.S. Serial No. 88/562,154 is the owner of cited registration no. 5,900,973. Please see the attached Affidavit.

EVIDENCE
Evidence in the nature of A signed Affidavit stating the relationship between the applicant for U.S. Serial No. 88/562,154 and the owner of cited registration no. 5,900,973. has been attached.
Original PDF file:
evi_75323237-20200214122542621892_._20-02-14_Signed_AFFIDAVIT_for_YDD_U.S._Serial_No._88-562_154.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Cases for toy cars; Electronic novelty toys, namely, toys that electronically record, play back, and distort or manipulate voices and sounds; Electronic toy building blocks that light up as a night light; Fencing equipment, namely, foils; Fencing gauntlets; Fitness equipment, namely, straps used for yoga and other fitness activities and for carrying a yoga mat; Fitted protective covers specially adapted for sports equipment, namely, golf club; Infant toys; Pet toys; Sabres; Stress relief exercise toys; Toy LED light sticks; Toy swords; Water toys
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 02/12/2019 and first used in commerce at least as early as 02/12/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Cases for toy cars; Toy swords; Electronic novelty toys, namely, toys that electronically record, play back, and distort or manipulate voices and sounds; Electronic toy building blocks that light up as a night light; Fencing equipment, namely, foils; Fencing gauntlets; Fitness equipment, namely, straps used for yoga and other fitness activities and for carrying a yoga mat; Fitted protective covers specially adapted for sports equipment, namely, golf club; Infant toys; Pet toys; Sabres; Stress relief exercise toys; Toy LED light sticks; Water toysClass 028 for Toy swords
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 02/12/2019 and first used in commerce at least as early as 02/12/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of The mark shown at a point of sale for the goods .
"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].
Original PDF file:
SPU0-75323237-20200214122542621892_._YDD_Specimen.pdf
Converted PDF file(s) ( 17 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17

The applicant hereby appoints Zareefa B. Flener. Zareefa B. Flener of Flener IP & Business Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      77 West Washington Street, Suite 800
      Chicago, Illinois 60602
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is CS-484.

The phone number is 312-724-8874.

The fax number is 312-724-7395.

The email address is chinatm-mtzc@fleneriplaw.com

Zareefa B. Flener 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: LIN ZHANG. LIN ZHANG, is located at

      1968 S.
      COAST HWY #986
      LAGUNA BEACH, California 92651
      US

The email address is info@rongqh.cn

The applicants proposed correspondence information: Zareefa B. Flener. Zareefa B. Flener of Flener IP & Business Law, is located at

      77 West Washington Street, Suite 800
      Chicago, Illinois 60602
      United States
The docket/reference number is CS-484.

The phone number is 312-724-8874.

The fax number is 312-724-7395.

The email address is chinatm-mtz@fleneriplaw.com; zflener@fleneriplaw.com; mtzc@szmtzc.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the designed letters "YDD" surrounded by a circle. The letter "Y" is a representation of a lightsaber, and the letters "DD" are to the right of the letter "Y" and are overlapping each other.

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: /zareefabflener/      Date: 02/14/2020
Signatory's Name: Zareefa B. Flener
Signatory's Position: Attorney of Record, Illinois Bar Member
Signatory's Phone Number: 312-724-8874


Response Signature
Signature: /zareefabflener/     Date: 02/14/2020
Signatory's Name: Zareefa B. Flener
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 312-724-8874

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:    LIN ZHANG
   
   1968 S.
   COAST HWY #986
   LAGUNA BEACH, California 92651
Mailing Address:    Zareefa B. Flener
   Flener IP & Business Law
   77 West Washington Street, Suite 800
   Chicago, Illinois 60602
        
Serial Number: 88562154
Internet Transmission Date: Fri Feb 14 12:37:40 EST 2020
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-202002141237403802
68-88562154-700fe56ee3e6994deef62881e86c
dc9f7ca08736a9ae251d29f677ac928c87e1c6-N
/A-N/A-20200214122542621892