Response to Office Action

UNIQERS

XIAMEN STYLUS 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 88565720
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION (current)
MARK FILE NAME http://uspto.report/TM/88565720/mark.png
LITERAL ELEMENT UNIQERS
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 word "UNIQERS" containing a stylized "Q".
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT17\IMAGEOUT 17\885\657\88565720\xml6\ ROA0002.JPG
LITERAL ELEMENT UNIQERS
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK NO
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the word "UNIQERS" containing a stylized "Q".
PIXEL COUNT ACCEPTABLE NO
PIXEL COUNT 313 x 66
LEGAL ENTITY SECTION (current)
TYPE corporation
STATE/COUNTRY OF INCORPORATION China
LEGAL ENTITY SECTION (proposed)
TYPE limited liability company
STATE/COUNTRY WHERE LEGALLY ORGANIZED China
ARGUMENT(S)
Arguments re Section 2(d) refusal: The application was refused under Section 2(d) on the grounds of likelihood of confusion with the mark in U.S. Registration No. 5223903. It is respectfully submitted that the Section 2(d) refusal is rendered moot by the change in the ownership name of U.S. Registration No. 5223903 from "XIAMEN STYLUS IMPORT & EXPORT CO., LTD. CORPORATION" to "XIAMEN STYLUS CO., LTD. LIMITED COMPANY (LTD.)." Now the ownership of the mark in U.S. Registration No. 5223903 matches the ownership of the mark in the instant application. The refusal on the basis of the marks is respectfully traversed.
ATTORNEY SECTION (current)
NAME Clifford O. Chi
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
STREET 300 W VALLEY BLVD #609
CITY ALHAMBRA
STATE California
POSTAL CODE 91803
COUNTRY US
PHONE 310-497-0181
EMAIL cliffordchiapc@outlook.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Clifford O. Chi
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET 300 W VALLEY BLVD #609
CITY ALHAMBRA
STATE California
POSTAL CODE 91803
COUNTRY United States
PHONE 310-497-0181
EMAIL cliffordchiapc@outlook.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME CLIFFORD O. CHI
STREET 300 W VALLEY BLVD #609
CITY ALHAMBRA
STATE California
POSTAL CODE 91803
COUNTRY US
PHONE 310-497-0181
EMAIL cliffordchiapc@outlook.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Clifford O. Chi
STREET 300 W VALLEY BLVD #609
CITY ALHAMBRA
STATE California
POSTAL CODE 91803
COUNTRY United States
PHONE 310-497-0181
EMAIL cliffordchiapc@outlook.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Clifford O. Chi/
SIGNATORY'S NAME Clifford O. Chi
SIGNATORY'S POSITION Attorney of record, CA bar member
SIGNATORY'S PHONE NUMBER 3104970181
DATE SIGNED 12/18/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 18 23:10:25 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20191218231025439197-8856
5720-7007b90dcc1954ef91eb
d2fbed41472449c0d778be897
d82ddc3e8ed6da3d80bb-N/A-
N/A-20191218224608236881



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. 88565720 UNIQERS (Stylized and/or with Design, see http://uspto.report/TM/88565720/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: UNIQERS (Stylized and/or with Design, see http://uspto.report/TM/88565720/mark.png)
Proposed: UNIQERS (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the word "UNIQERS" containing a stylized "Q".

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

Arguments re Section 2(d) refusal: The application was refused under Section 2(d) on the grounds of likelihood of confusion with the mark in U.S. Registration No. 5223903. It is respectfully submitted that the Section 2(d) refusal is rendered moot by the change in the ownership name of U.S. Registration No. 5223903 from "XIAMEN STYLUS IMPORT & EXPORT CO., LTD. CORPORATION" to "XIAMEN STYLUS CO., LTD. LIMITED COMPANY (LTD.)." Now the ownership of the mark in U.S. Registration No. 5223903 matches the ownership of the mark in the instant application. The refusal on the basis of the marks is respectfully traversed.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: XIAMEN STYLUS CO., LTD., a corporation of China, having an address of
      1801 Bus Ctr 6 Bldg No.482 Xinglinwan Rd
      Xiamen, 361000
      China

Proposed: XIAMEN STYLUS CO., LTD., a limited liability company legally organized under the laws of China, having an address of
      1801 Bus Ctr 6 Bldg No.482 Xinglinwan Rd
      Xiamen, 361000
      China

The applicant's current attorney information: Clifford O. Chi. Clifford O. Chi, is located at

      300 W VALLEY BLVD #609
      ALHAMBRA, California 91803
      US

The phone number is 310-497-0181.

The email address is cliffordchiapc@outlook.com

The applicants proposed attorney information: Clifford O. Chi. Clifford O. Chi, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      300 W VALLEY BLVD #609
      ALHAMBRA, California 91803
      United States

The phone number is 310-497-0181.

The email address is cliffordchiapc@outlook.com

Clifford O. Chi 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: CLIFFORD O. CHI. CLIFFORD O. CHI, is located at

      300 W VALLEY BLVD #609
      ALHAMBRA, California 91803
      US

The phone number is 310-497-0181.

The email address is cliffordchiapc@outlook.com

The applicants proposed correspondence information: Clifford O. Chi. Clifford O. Chi, is located at

      300 W VALLEY BLVD #609
      ALHAMBRA, California 91803
      United States

The phone number is 310-497-0181.

The email address is cliffordchiapc@outlook.com

SIGNATURE(S)
Response Signature
Signature: /Clifford O. Chi/     Date: 12/18/2019
Signatory's Name: Clifford O. Chi
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 3104970181

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:    CLIFFORD O. CHI
   
   
   300 W VALLEY BLVD #609
   ALHAMBRA, California 91803
Mailing Address:    Clifford O. Chi
   300 W VALLEY BLVD #609
   ALHAMBRA, California 91803
        
Serial Number: 88565720
Internet Transmission Date: Wed Dec 18 23:10:25 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912182310254
39197-88565720-7007b90dcc1954ef91ebd2fbe
d41472449c0d778be897d82ddc3e8ed6da3d80bb
-N/A-N/A-20191218224608236881


Response to Office Action [image/jpeg]


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