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. 88849019 NORD BY ONEPLUS(Standard Characters, see http://uspto.report/TM/88849019/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_17323014833-202008100 50006447578_._NORD_BY_ONE PLUS_Argument__1_.pdf
Converted PDF file(s) ( 9 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9
Original PDF file:
evi_17323014833-202008100 50006447578_._Exhibit_A.pdf
Converted PDF file(s) ( 13 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13
Original PDF file:
evi_17323014833-202008100 50006447578_._Exhibit_B.pdf
Converted PDF file(s) ( 15 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Encoded identification bracelets, magnetic; Tablet computers; Smartphones; Sleeves for laptops; Loudspeakers for mobile phones; Headphones for mobile phones; Electronic book readers; Smart television; Remote controls for televisions, excluding gaming apparatus; Electrical adapters; Battery chargers; Mobile telephone batteries; Internet-ready televisions; Smartwatches;all of the above goods do not include speakers related to home, except for wireless speakers; all of the above goods do not include speakers related to professional, marine or automotive use
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: Encoded identification bracelets, magnetic; Tablet computers; Smartphones; Sleeves for laptops; Loudspeakers for mobile phones; Headphones for mobile phones; Electronic book readers; Smart television; Remote controls for televisions, excluding gaming apparatus; Electrical adapters; Battery chargers; Mobile telephone batteries; Internet-ready televisions; Smartwatches; all of the above goods do not include speakers related to home, except for wireless speakers; all of the above goods do not include speakers related to professional, marine or automotive useabove goods do not include speakers related to professional, marine or automotive use; all of the above goods do not include speakers related to professional, marine or automotive useClass 009 for Tablet computers; Smartphones; Sleeves for laptops; Loudspeakers for mobile phones; Headphones for mobile phones; Electronic book readers; Smart television; Remote controls for televisions, excluding gaming apparatus; Electrical adapters; Battery chargers; Mobile telephone batteries; Internet-ready televisions; Smartwatches; all of the above goods do not include speakers related to home, except for wireless speakers; all of the above goods do not include speakers related to professional, marine or automotive useabove goods do not include speakers related to professional, marine or automotive use
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.

Applicant proposes to amend the following:

Current:
Class 035 for Advertising services; Online advertising on a computer network; Rental of advertising time on communication media; Market research studies; Providing commercial and business contact information; Sales promotion for others; Provision of an online marketplace for buyers and sellers of goods and services; Systemization of information into computer databases; Updating and maintenance of data in computer databases; Rental of vending machines
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: Advertising services; Online advertising on a computer network; Rental of advertising time on communication media; Market research studies; Provision of an online marketplace for buyers and sellers of goods and services; Providing commercial and business contact information; Rental of vending machines; Sales promotion for others; Systemization of information into computer databases; Updating and maintenance of data in computer databasesClass 035 for Advertising services; Online advertising on a computer network; Rental of advertising time on communication media; Provision of an online marketplace for buyers and sellers of goods and services; Rental of vending machines
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.

Applicant proposes to amend the following:

Current:
Class 042 for Technological research in the field of computer hardware systems; Research and development of new products for others; Industrial design; Packaging design; Computer software design; Computer virus protection services; Consulting services in the field of software as a service; Consulting services in the field of cloud computing; Electronic data storage; Off-site data backup; Weather forecasting; Outsource service providers in the field of information technology
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: Technological research in the field of computer hardware systems; Industrial design; Research and development of new products for others; Packaging design; Weather forecasting; Computer software design; Computer virus protection services; Consulting services in the field of software as a service; Consulting services in the field of cloud computing; Electronic data storage; Off-site data backup; Outsource service providers in the field of information technologyClass 042 for Industrial design; Packaging design; Weather forecasting
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.

ADDITIONAL STATEMENTS
Translation
The English translation of "NORD" in the mark is "NORTH".

Correspondence Information (current):
      Yue (Robert) Xu
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@apex-attorneys.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): apex.attorneys@aol.com; trademark.aaal@gmail.com

The docket/reference number is 200049NORD-U.
Correspondence Information (proposed):
      Yue (Robert) Xu
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@apex-attorneys.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): apex.attorneys@aol.com; trademark.aaal@gmail.com

The docket/reference number is 200049NORD-U.

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: /YUE XU r/     Date: 08/11/2020
Signatory's Name: Yue (Robert) Xu
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 408-647-5296

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:    Yue (Robert) Xu
   APEX ATTORNEYS AT LAW, LLP
   
   160 ALAMO PLAZA #942
   ALAMO, California 94507
Mailing Address:    Yue (Robert) Xu
   APEX ATTORNEYS AT LAW, LLP
   160 ALAMO PLAZA #942
   ALAMO, California 94507
        
Serial Number: 88849019
Internet Transmission Date: Tue Aug 11 18:47:18 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200811184718173
728-88849019-740d799224d6ed5688b67d896f5
f040c7a8737d2fa14f7d8963fe6ee172fefb9d8-
N/A-N/A-20200811132117540185