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. 88564964 HOUSESISTER(Standard Characters, see http://uspto.report/TM/88564964/mark.png) has been amended as follows:

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

(1) Identify the particular good(s) listed in the application for which the specimen(s) was submitted to show use of the mark. Re:Toothbrush holders (2) Was the specimen created for submission with this application? If so, specify the date each specimen was created. If applicant obtained the image(s) of the goods shown in the specimen(s) from a third-party website, provide the URL of the website and a digital copy of relevant webpage(s) for each image. Re: No, the Toothbrush holders is actual sold in Amazon on June 21,2019, The specimen are all real. (3) Provide information about and examples of how applicant's goods appear in the actual sales environment. (a) If sold in stores, provide a representative sample of the name(s) of the stores and of photographs showing the goods for sale in the named stores, such as photographs of the sales displays or goods on shelves with the mark. (b) If sold online, provide a representative sample of the name(s) of the online retailers, the website URL(s) for each named retailer, and a digital copy of the webpages showing the goods for sale on the named website. (c) If sold in another type of sales environment (e.g., catalogs, trade shows), identify the environment and provide photographs and/or documentation showing the goods for sale in that environment. RE:The applicant sold online, the website as following:http://www.amazon.com/gp/product/B07TDS4KT3 (4) If the information in question (3) about how the goods appear in the actual sales environment is not available to applicant, please describe how applicant's goods are sold or transported and provide photographs and other documentation showing how applicant's mark appears on the goods and/or its packaging when the goods are sold or transported to or within the United States. Re:It has provided the website link to show the goods sold online. (5) For each category of sales environment specified in response to questions (3) and (4), specify when the goods bearing the mark were first available for purchase within the United States, the date of the first sale of the goods to or within the United States, and whether the goods are still for sale to or within the United States in that environment. Re:The Toothbrush holders is actual sold in Amazon on June 21,2019, And the goods are still sold in US. (6) For the goods identified in response to question (1), specify the dollar amount of sales with or within the United States and provide at least three invoices or other supporting documentation that show payments or other consideration made, redacting personal or private information of buyers as necessary. Re:It has provided three invoices as attached.

EVIDENCE
Evidence in the nature of Three Amazon invoices. has been attached.
JPG file(s):
Evidence-1
Evidence-2
Original PDF file:
evi_11311670189-20200116020630421148_._Manage_Orders_6.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_11311670189-20200116020630421148_._Manage_Orders_7.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_11311670189-20200116020630421148_._Manage_Orders_8.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 021 for Baby bathtubs; Baking mats; Bath brushes; Cages for pets; Candy boxes; Clothes drying racks; Containers for household or kitchen use; Cookie molds; Cooking utensils, namely, wire baskets; Cosmetic brushes; Cups and mugs; Gloves for household purposes; Holders for toilet paper; Make-up removing appliances; Paper towel dispensers for household use; Pet brushes; Toothbrush holders; Trays for domestic purposes; Whisks
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 01/30/2019 and first used in commerce at least as early as 02/17/2019 , and is now in use in such commerce.

Proposed: Class 021 for Baby bathtubs; Baking mats; Bath brushes; Cages for pets; Candy boxes; Clothes drying racks; Containers for household or kitchen use; Cookie molds; Cooking utensils, namely, wire baskets; Cosmetic brushes; Cups and mugs; Gloves for household purposes; Holders for toilet paper; Make-up removing appliances; Paper towel dispensers for household use; Pet brushes; Toothbrush holders; Trays for domestic purposes; Whisks
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 01/30/2019 and first used in commerce at least as early as 02/17/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021 . The specimen(s) submitted consists of The mark "HouseSister" used on a Toothbrush holders. .
"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 Jonathan G. Morton. Jonathan G. Morton, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3G WenhuaLou Wenhua Garden
      No.32 Beidou Road Huangbei Street,Luohu
      Shenzhen, 518001
      China
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is WW200115RUS4.

The phone number is +1-305-764-9179.

The email address is jmlawchina@gmail.com

Jonathan G. Morton 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: FAN WENJIE. FAN WENJIE, is located at

      ZONE 26 DALANG, XIN'AN, BAO'AN DIST.
      SHENZHEN, 518000
      CN

The phone number is +86-18122392201.

The email address is housesister.com@outlook.com; andyvann@hotmail.com; andy@waiwaibao.com; andy@oo.lc; andyvann@live.com

The applicants proposed correspondence information: Jonathan G. Morton. Jonathan G. Morton, is located at

      3G WenhuaLou Wenhua Garden
      No.32 Beidou Road Huangbei Street,Luohu
      Shenzhen, 518001
      China
The docket/reference number is WW200115RUS4.

The phone number is +8614774997946.

The email address is jmlawchina@gmail.com; us@weiweiip.com; zhangariel69@gmail.com; andyvann@outlook.com

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: /Jonathan G. Morton/      Date: 01/16/2020
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of Record - New York Bar Member
Signatory's Phone Number: +1-305-764-9179


Response Signature
Signature: /Jonathan G. Morton/     Date: 01/16/2020
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York Bar member.

Signatory's Phone Number: 305-764-9179

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:    FAN WENJIE
   
   
   ZONE 26 DALANG, XIN'AN, BAO'AN DIST.
   SHENZHEN, 518000
Mailing Address:    Jonathan G. Morton
   3G WenhuaLou Wenhua Garden
   No.32 Beidou Road Huangbei Street,Luohu
   Shenzhen, 518001
        
Serial Number: 88564964
Internet Transmission Date: Thu Jan 16 03:44:15 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202001160344159
91692-88564964-7002349cbb2f0d5d6e449b21e
b8f091f0aafb278977128fb29b24bad24be1ee72
-N/A-N/A-20200116020630421148