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. 88766951 POIZON (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8876695 1/large) has been amended as follows:

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

The Section 2(d) likelihood of confusion refusal pertains to the Class 25 only, in response Applicant is hereby deleting the entire Class 25 from the application and respectfully requests the application move forward with the remainder Class 42 only.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Slippers; Athletic shoes; Socks; Belts for clothing; Coats; Sports shirts; Sport coats; Sports jackets; Sports pants; Sports vests; Underpants; Sports shoes; Basketball shoes; Caps; Scarfs; Neckties

Applicant proposes to amend the following:

Current:
Class 042 for Testing of materials; Industrial design services; Packaging design; Software as a service (SAAS) featuring software for developing, analyzing, and maintaining applications, software, and web sites in the field of e-commerce business; computer programming; Design and development of computer software; Data conversion of electronic information; Creating and maintaining web sites for others; Information technology consulting services; Cloud computing services featuring developing, analyzing, and maintaining applications, software, and websites in the fields of e-commerce business; Computer software design for others; Updating of computer software; Maintenance of computer software; Technical research services for e-commerce platforms, namely, developing, analyzing, and maintaining applications, softwares, and websites in the fields of advertising and marketing on e-commerce platforms; Authentication services, namely, verifying the authenticity of brand shoes; Scientific research in the field of stress analysis research, material research and fabric comfort level research of shoes; Quality control for others; Cosmetic research; Chemical analysis; Industrial and graphic art design
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: Testing of materials; Industrial design services; Packaging design; Software as a service (SAAS) featuring software for developing, analyzing, and maintaining applications, software, and web sites in the field of e-commerce business; computer programming; Design and development of computer software; Data conversion of electronic information; Creating and maintaining web sites for others; Information technology consulting services; Cloud computing services featuring developing, analyzing, and maintaining applications, software, and websites in the fields of e-commerce business; Cloud computing services, namely, developing, analyzing, and maintaining computer applications, software, and websites in the fields of e-commerce business; Computer software design for others; Updating of computer software; Maintenance of computer software; Technical research services for e-commerce platforms, namely, developing, analyzing, and maintaining applications, softwares, and websites in the fields of advertising and marketing on e-commerce platforms; Technical research services for e-commerce platforms, namely, developing, analyzing, and maintaining computer applications, software, and websites in¶
the fields of advertising and marketing on e-commerce platforms; Authentication services, namely, verifying the authenticity of brand shoes; Scientific research in the field of stress analysis research, material research and fabric comfort level research of shoes; Scientific research in the field of stress analysis research, material research and fabric comfort level research of the shoes of others; Quality control for others; Cosmetic research; Cosmetics research; Chemical analysis; Industrial and graphic art designClass 042 for Testing of materials; Industrial design services; Packaging design; Software as a service (SAAS) featuring software for developing, analyzing, and maintaining applications, software, and web sites in the field of e-commerce business; computer programming; Design and development of computer software; Data conversion of electronic information; Creating and maintaining web sites for others; Information technology consulting services;Cloud computing services, namely, developing, analyzing, and maintaining computer applications, software, and websites in the fields of e-commerce business; Computer software design for others; Updating of computer software; Maintenance of computer software; Technical research services for e-commerce platforms, namely, developing, analyzing, and maintaining computer applications, software, and websites in the fields of advertising and marketing on e-commerce platforms; Authentication services, namely, verifying the authenticity of brand shoes; Scientific research in the field of stress analysis research, material research and fabric comfort level research of the shoes of others; Quality control for others; Cosmetics research; Chemical analysis; Industrial and graphic art design
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.

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

            Room 517, Building 1, No. 687      East Daming Road, Hongkou District
      Shanghai, 200080
      China

Proposed: Shanghai Shizhuang Information Technology Co., Ltd., limited company (ltd.) legally organized under the laws of China, having an address of
      Room 517, Building 1, No. 687
      East Daming Road, Hongkou District
      Shanghai, 200080
      China
      Email Address: XXXX
Correspondence Information (current):
      ZHI DONG
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@hsml.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): zdong@hsml.com; mschumann@hsml.com; yguan@hsml.com

The docket/reference number is 20700.0221US.
Correspondence Information (proposed):
      Zhi Dong
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@hsml.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): zdong@hsml.com; mschumann@hsml.com; yguan@hsml.com

The docket/reference number is 20700.0221US.

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: /Zhi Dong/     Date: 09/10/2020
Signatory's Name: Zhi Dong
Signatory's Position: Attorney of record

Signatory's Phone Number: 612-455-0394

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:    ZHI DONG
   HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
   
   45 SOUTH SEVENTH STREET, SUITE 2700
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Zhi Dong
   HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
   45 SOUTH SEVENTH STREET, SUITE 2700
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88766951
Internet Transmission Date: Thu Sep 10 15:02:28 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020091015022801
2289-88766951-75037545d5ba5510c199ce1245
d54a8d188384c2576fc2eb7157b9e61d656d-N/A
-N/A-20200910143757358111