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. 88742900 MEDGRAM(Standard Characters, see http://uspto.report/TM/88742900/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 010 for Glucometers; Hearing aids; Massage apparatus and instruments; Massage apparatus for eyes; Medical instruments, namely, orthopedic apparatus and instruments; Medical instruments for analyzing and identifying bacteria; Sex toys; Sphygmomanometers; Surgical apparatus and instruments for medical, dental or veterinary use; Teeth protectors for dental purposes; Thermometers for medical use; Urinals being vessels; Vaporizers for medical purposes; Apparatus for physical training for medical use; Intra-uterine contraceptive devices; Surgical and medical apparatus and instruments for use in general surgery
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 12/18/2019 and first used in commerce at least as early as 12/18/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Glucometers; Hearing aids; Massage apparatus and instruments; Massage apparatus for eyes; Medical instruments, namely, orthopedic apparatus and instruments; Medical instruments for analyzing and identifying bacteria; Sex toys; Sphygmomanometers; Surgical apparatus and instruments for medical, dental or veterinary use; Thermometers for medical use; Teeth protectors for dental purposes; Surgical and medical apparatus and instruments for use in general surgery; Urinals being vessels; Vaporizers for medical purposes; Apparatus for physical training for medical use; Intra-uterine contraceptive devicesClass 010 for Glucometers; Hearing aids; Massage apparatus and instruments; Massage apparatus for eyes; Medical instruments, namely, orthopedic apparatus and instruments; Sex toys; Sphygmomanometers; Surgical apparatus and instruments for medical, dental or veterinary use; Thermometers for medical use; Surgical and medical apparatus and instruments for use in general surgery
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 12/18/2019 and first used in commerce at least as early as 12/18/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 010. The specimen(s) submitted consists of representative specimens as required.
"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

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Shenzhen Xiaowang Technology Co., Ltd.  a(n) limited company (ltd.), legally organized under the laws of China, having an address of

            1305,Blk.B, Fortune Harbor, 1084 Baoyuan      Rd., Fuzhongfu Community, Xixiang Street
      Bao'an Dist., Shenzhen, 518000
      China
      212-858-9978
Proposed: Shenzhen Xiaowang Technology Co., Ltd. , limited company (ltd.) legally organized under the laws of China, having an address of
      1305,Blk.B, Fortune Harbor, 1084 Baoyuan
      Rd., Fuzhongfu Community, Xixiang Street
      Bao'an Dist., Shenzhen, 518000
      China
      Email Address: XXXX
      

The owner's/holder's current attorney information: Shiyong Ye. Shiyong Ye, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      ONE PENN PLAZA, SUITE 2015
      250 W 34TH STREET
      NEW YORK, New York 10119
      United States
      The phone number is 212-858-9978.
      The email address is USTKAPP@outlook.com

The owner's/holder's proposed attorney information: Shiyong Ye. Shiyong Ye, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      ONE PENN PLAZA, SUITE 2015
      250 W 34TH STREET
      NEW YORK, New York 10119
      United States
      The phone number is 212-858-9968.
      The email address is syetm@reidwise.com

Shiyong Ye 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.Correspondence Information (current):
      SHIYONG YE
      PRIMARY EMAIL FOR CORRESPONDENCE: USTKAPP@outlook.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Shiyong Ye
      PRIMARY EMAIL FOR CORRESPONDENCE: syetm@reidwise.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): USTKAPP@outlook.com; abby@a-grass.com

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: /Shiyong Ye/      Date: 05/18/2020
Signatory's Name: Shiyong Ye
Signatory's Position: Attorney of record
Signatory's Phone Number: 212-858-9968


Response Signature
Signature: /Shiyong Ye/     Date: 05/18/2020
Signatory's Name: Shiyong Ye
Signatory's Position: Attorney of record

Signatory's Phone Number: 212-858-9968

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:    SHIYONG YE
   
   ONE PENN PLAZA, SUITE 2015
   250 W 34TH STREET
   NEW YORK, New York 10119
Mailing Address:    Shiyong Ye
   ONE PENN PLAZA, SUITE 2015
   250 W 34TH STREET
   NEW YORK, New York 10119
        
Serial Number: 88742900
Internet Transmission Date: Mon May 18 01:46:36 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200518014636024
228-88742900-7106b13415bfa85bceb2cbeef95
4205af73887b9e2a99d569803c0bf81717a80-N/
A-N/A-20200518013511301469