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. 88695201 VEVE(Standard Characters, see http://uspto.report/TM/88695201/mark.png) has been amended as follows:

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

Applicant filed an amendment to allege use of its trademark with a specimen described as a "screenshot of software application". Submitted herewith as evidence is the definition of the noun "screenshot" printed in the Meriam Webster Dictionary, that is, "an image that shows the content of a computer display." MPEP 904.03(e) states that "An acceptable specimen might be a photograph . . . of a display screen projecting the identifying trademark for a computer program. . . ." Applicant's specimen meets the foregoing description of an acceptable specimen. The Examining Attorney refused to accept the specimen in the mistaken belief that it was a display which is "not of a point of sale nature and lacks sufficient information to enable the user to download or purchase the software from a website." In order to demonstrate that the specimen is, in fact, a photograph of "a display screen projecting the identifying trademark for a computer program", in this case an app, evidence consisting of a photograph showing the body of the smart phone having the screen that was photographed while the app was running is submitted herewith. In view of the foregoing, applicant submits that the original specimen filed with the amendment to allege use of the mark is proper and should be accepted, and the application should be passed to registration.

EVIDENCE
Evidence has been attached: a definition from the online Meriam Webster Dictionary and a photograph of the smart phone from which the original specimen screenshot was made.
JPG file(s):Evidence-1
Original PDF file:
evi_47201205-202003241730 39772084_._Webster_Screen hot.pdf
Converted PDF file(s) ( 1 page) Evidence-1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ECOMI Technology PTE. LTD., a corporation of Singapore, having an address of

            #04-98 Hong Lim Complex      531a Upper Cross Street
      Singapore, 051531
      Singapore

Proposed: ECOMI Technology PTE. LTD., a corporation of Singapore, having an address of
      #04-98 Hong Lim Complex
      531a Upper Cross Street
      Singapore, 051531
      Singapore
      Email Address: XXXX
Correspondence Information (current):
      HOWARD F. MANDELBAUM
      PRIMARY EMAIL FOR CORRESPONDENCE: hmandelbaum@msellp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@msellp.com

The docket/reference number is ECOM0010US.
Correspondence Information (proposed):
      Howard F. Mandelbaum
      PRIMARY EMAIL FOR CORRESPONDENCE: hmandelbaum@msellp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@msellp.com; uspto@dockettrak.com

The docket/reference number is ECOM0010US.

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)
Response Signature
Signature: /Howard F. Mandelbaum/     Date: 03/24/2020
Signatory's Name: Howard F. Mandelbaum
Signatory's Position: Attorney of record, New York State bar member

Signatory's Phone Number: (914) 421-0500

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:    HOWARD F. MANDELBAUM
   MANDELBAUM SILFIN ECONOMOU LLP
   SUITE 120
   222 BLOOMINGDALE ROAD
   WHITE PLAINS, New York 10605
Mailing Address:    Howard F. Mandelbaum
   MANDELBAUM SILFIN ECONOMOU LLP
   SUITE 120
   222 BLOOMINGDALE ROAD
   WHITE PLAINS, New York 10605
        
Serial Number: 88695201
Internet Transmission Date: Tue Mar 24 17:48:08 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-202003241748087317
53-88695201-710cfc336ec144858bcdf8aed3b7
fe6dbb3bfca4874c841c7059e42e57e9f76ee-N/
A-N/A-20200324173039772084