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. 88576139 XRECORDER(Standard Characters, see http://uspto.report/TM/88576139/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Computer game programmes downloadable via the Internet; Computer game software downloadable from a global computer network; Downloadable electronic game software for use on mobile and cellular phones, handheld computers; Downloadable computer game software; Downloadable computer game software for personal computers and home video game consoles; Downloadable computer game software for use on mobile and cellular phones; Downloadable computer programs for pre-recording sports games; Downloadable electronic game programs; Downloadable electronic game software; Downloadable electronic game software for handheld electronic devices; Downloadable mobile applications for booking taxis; Recorded computer application software for mobile phones, namely, software for use in database management, use in electronic storage of data, for playing online games; Recorded game software
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 03/20/2019 and first used in commerce at least as early as 03/20/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Computer game programmes downloadable via the Internet; Recorded computer application software for mobile phones, namely, software for use in database management, use in electronic storage of data, for photo and video editing; Computer game software downloadable from a global computer network; Downloadable electronic game software for use on mobile and cellular phones, handheld computers; Downloadable computer game software; Downloadable computer game software for personal computers and home video game consoles; Downloadable computer game software for use on mobile and cellular phones; Downloadable computer programs for pre-recording sports games; Downloadable electronic game programs; Downloadable electronic game software; Downloadable electronic game software for handheld electronic devices; Downloadable mobile applications for booking taxis; Recorded computer application software for mobile phones, namely, software for use in database management, use in electronic storage of data, for playing online games; Recorded game softwareClass 009 for Recorded computer application software for mobile phones, namely, software for use in database management, use in electronic storage of data, for photo and video editing
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 03/20/2019 and first used in commerce at least as early as 03/20/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of App download page on Google play.
"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:
SPU0-11517112099-20200422 031917804083_._XRecorder.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3
Correspondence Information (current):
      Jonathan G. Morton
      PRIMARY EMAIL FOR CORRESPONDENCE: jmlawchina@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): zhangariel69@gmail.com; yoomarks@hotmail.com

The docket/reference number is yoomarks.
Correspondence Information (proposed):
      Jonathan G. Morton
      PRIMARY EMAIL FOR CORRESPONDENCE: jmlawchina@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): zhangariel69@gmail.com; yoomarks@hotmail.com

The docket/reference number is yoomarks.

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: /Jonathan G. Morton/      Date: 04/22/2020
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of Record - New York Bar Member
Signatory's Phone Number: 305-764-9179


Response Signature
Signature: /Jonathan G. Morton/     Date: 04/22/2020
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:    Jonathan G. Morton
   
   China Client
   Rm.2005, Bldg.16, Dongheng Times Phase 3
   Chaoyang, Beijing, 100025
Mailing Address:    Jonathan G. Morton
   China Client
   Rm.2005, Bldg.16, Dongheng Times Phase 3
   Chaoyang, Beijing, 100025
        
Serial Number: 88576139
Internet Transmission Date: Wed Apr 22 04:49:14 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XX:XXXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200422044914930938-88576139-71
032dea282b9644a3a23288f2ae8d167dc7531bc8
28aee97727b94e3aaecbbb-N/A-N/A-202004220
31917804083