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. 88563506 KISEKII(Standard Characters, see http://uspto.report/TM/88563506/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 014 for Ankle bracelets; Body-piercing studs; Bracelets; Clocks; Ear clips; Ear studs; Earrings; Jewelry; Jewelry cases; Jewelry chains; Jewelry findings; Jewelry making kits; Jewelry, namely, anklets; Jewelry, namely, stone pendants; Key holders of precious metals; Musical jewelry boxes; Necklaces; Pearls; Pet jewelry; Tie clips; Tie pins; Watches
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 07/26/2019 and first used in commerce at least as early as 07/26/2019 , and is now in use in such commerce.

Proposed: Class 014 for Ankle bracelets; Body-piercing studs; Bracelets; Clocks; Ear clips; Ear studs; Earrings; Jewelry; Jewelry cases; Jewelry chains; Jewelry findings; Jewelry making kits; Jewelry, namely, anklets; Jewelry, namely, stone pendants; Key holders of precious metals; Musical jewelry boxes; Necklaces; Pearls; Pet jewelry; Tie clips; Tie pins; Watches
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 07/26/2019 and first used in commerce at least as early as 07/26/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 014 . The specimen(s) submitted consists of a partial screenshot of the webpage http://www.amazon.com/gp/product/B07RL1HD3B; a full screenshot of the same webpage (for ?Necklaces?); a partial screenshot of the webpage http://www.amazon.com/dp/B07PCSBTLL ref=myi_title_dp; a full screenshot of the same webpage (for ?Earrings?); a partial screenshot of the webpage http://www.amazon.com/dp/B07PBVW7D4 ref=myi_title_dp; a full screenshot of the same webpage (for ?Clocks?); a partial screenshot of the webpage http://www.amazon.com/dp/B07P8LVMHX ref=myi_title_dp; a full screenshot of the same webpage (for ?Pet jewelry?); a partial screenshot of the webpage http://www.amazon.com/dp/B07PCPW2LJ ref=myi_title_dp; a full screenshot of the same webpage (for ?Watches?) .
"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
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10

The applicant hereby appoints 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
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 626-723-4849.

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.
The applicant's current correspondence information: TONGZHE ZHOU. TONGZHE ZHOU, is located at

      5-1-1003 DONGYASHANGBEI
      YARD NO. 9 HUILONGGUAN WEST STREET
      CHANGPING BEIJING, 102208
      CN

The phone number is +86-.

The email address is 398620719@qq.com

The applicants proposed correspondence information: DI LI. DI LI of Di Li Law, P.C., is located at

      17700 Castleton St, Suite 353
      City of Industry, California 91748
      United States

The phone number is 626-723-4849.

The fax number is 626-956-0744.

The email address is trademarks@dililaw.com

ADDITIONAL STATEMENTS
Translation
The English translation of KISEKII in the mark is miracle.


Miscellaneous Statement
Below are the additional information required by USPTO in the Office Action: 1. The specimen submitted shows the following particular goods: Necklaces 2. The specimens were not created for submission with this application. 3. Online retailer: Amazon, http://www.amazon.com/gp/product/B07RL1HD3B; 4. Not applicable. 5. The goods bearing the mark were first available for purchase within the United States on July 26, 2019. The date of the first sale of the goods to or within the United States was November 20, 2019. The goods are still for sale to or within the United States in that environment. 6. The retail prices of the necklaces are $5.99, $3.17 and$2.99. We attached 3 copies of invoices as proof.
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3

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: /DI LI/      Date: 12/13/2019
Signatory's Name: DI LI
Signatory's Position: Attorney of record
Signatory's Phone Number: 6267234849


Response Signature
Signature: /DI LI/     Date: 12/13/2019
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:    TONGZHE ZHOU
   
   5-1-1003 DONGYASHANGBEI
   YARD NO. 9 HUILONGGUAN WEST STREET
   CHANGPING BEIJING, 102208
Mailing Address:    DI LI
   Di Li Law, P.C.
   17700 Castleton St, Suite 353
   City of Industry, California 91748
        
Serial Number: 88563506
Internet Transmission Date: Fri Dec 13 18:14:30 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191213181430116
113-88563506-7007c99298229c5df134ca13b23
9504a9d5e4a4e5cc21725f4d91954b1617de-N/A
-N/A-20191213180431766427