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. 88627158 EZ SHOWER (Stylized and/or with Design, see http://uspto.report/TM/88627158/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of The reference application of potential conflict has already abandoned, there is no need to file an argument. has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Automatic soap dispensers; shower racks; soap containers; soap dispensers; soap holders; dispensers for liquid soap; automatic soap dispensers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Automatic soap dispensers; shower racks; soap containers; soap dispensers; soap holders; dispensers for liquid soap; dispensers for liquid soap.; automatic soap dispensersClass 021 for Automatic soap dispensers; shower racks; soap containers; soap dispensers; soap holders; dispensers for liquid soap.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

The applicant's current attorney information: Tony W. Wong. Tony W. Wong of D&R IP LAW FIRM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 128
      108 NORTH YNEZ AVENUE
      MONTEREY PARK, California 91754
      US
The docket/reference number is UST2564A-DHP.

The applicants proposed attorney information: Tony W. Wong. Tony W. Wong of D&R IP LAW FIRM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 128
      108 NORTH YNEZ AVENUE
      MONTEREY PARK, California 91754
      United States
The docket/reference number is UST2564A-DHP.

The email address is tonyw@dnriplaw.com

Tony W. Wong 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: TONY W. WONG. TONY W. WONG of D&R IP LAW FIRM, is located at

      SUITE 128
      108 NORTH YNEZ AVENUE
      MONTEREY PARK, California 91754
      US
The docket/reference number is UST2564A-DHP.

The phone number is 626-571-9812.

The email address is tonyw@dnriplaw.com; raymondc@dnriplaw.com; fayec@davidandraymond.com; hanseng@davidandraymond.com

The applicants proposed correspondence information: Tony W. Wong. Tony W. Wong of D&R IP LAW FIRM, is located at

      SUITE 128
      108 NORTH YNEZ AVENUE
      MONTEREY PARK, California 91754
      United States
The docket/reference number is UST2564A-DHP.

The email address is tonyw@dnriplaw.com; raymondc@dnriplaw.com; fayec@davidandraymond.com; hanseng@davidandraymond.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SHOWER apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Tony W. Wong/     Date: 12/06/2019
Signatory's Name: Tony W. Wong
Signatory's Position: Attorney of record, California bar member

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:    TONY W. WONG
   D&R IP LAW FIRM
   SUITE 128
   108 NORTH YNEZ AVENUE
   MONTEREY PARK, California 91754
Mailing Address:    Tony W. Wong
   D&R IP LAW FIRM
   SUITE 128
   108 NORTH YNEZ AVENUE
   MONTEREY PARK, California 91754
        
Serial Number: 88627158
Internet Transmission Date: Fri Dec 06 20:07:50 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912062007506
75317-88627158-7007413d8f6876e1057499e94
6976514c29871917a3c242e067f74747eb6ab8d0
-N/A-N/A-20191206200500803846