Response to Office Action

OURA

OURA Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88849552
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION
MARK mark
LITERAL ELEMENT OURA
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)

Class 010: The URL of the original webpage specimen is: http://ouragami.org/collections/air-masks/products/oura-air-mask, and it was accessed or printed on: March 24, 2020. The originally submitted specimen was in use in commerce at least as early as the filing date of the application.

Class 021: Applicant submits that the originally submitted specimen, which consists of a photo of Applicant's goods bearing the subject mark, is an acceptable specimen and thus respectfully requests the examining attorney withdraw the specimen refusal for this Class 021. The originally submitted specimen was in use in commerce at least as early as the filing date of the application.

Class 024: The URL of the original webpage specimen is: http://ouragami.org/collections/skincare/products/bliss, and it was accessed or printed on: March 24, 2020. The originally submitted specimen was in use in commerce at least as early as the filing date of the application.

Class 025: The URL of the original webpage specimen is: http://ouragami.org/collections/headwear/products/emergent, and it was accessed or printed on: March 24, 2020. The originally submitted specimen was in use in commerce at least as early as the filing date of the application.

CORRESPONDENCE INFORMATION (current)
NAME MIN K. CHAI
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mchai@mkc-law.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) jlin@mkc-law.com
DOCKET/REFERENCE NUMBER 520.002
CORRESPONDENCE INFORMATION (proposed)
NAME Min K. Chai
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mchai@mkc-law.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) jlin@mkc-law.com
DOCKET/REFERENCE NUMBER 520.002
SIGNATURE SECTION
DECLARATION SIGNATURE /Min K. Chai/
SIGNATORY'S NAME Min K. Chai
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 949-514-8652
DATE SIGNED 06/23/2020
RESPONSE SIGNATURE /Min K. Chai/
SIGNATORY'S NAME Min K. Chai
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 949-514-8652
DATE SIGNED 06/23/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jun 23 12:04:24 ET 2020
TEAS STAMP USPTO/ROA-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXXX-
20200623120424240096-8884
9552-710ab2470f898201e277
f6d1af08ae4a88e4f376c36a4
53b06728fa7018148d8e2a-N/
A-N/A-2020062312020494288
9



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. 88849552 OURA(Standard Characters, see http://uspto.report/TM/88849552/mark.png) has been amended as follows:

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

Class 010: The URL of the original webpage specimen is: http://ouragami.org/collections/air-masks/products/oura-air-mask, and it was accessed or printed on: March 24, 2020. The originally submitted specimen was in use in commerce at least as early as the filing date of the application.

Class 021: Applicant submits that the originally submitted specimen, which consists of a photo of Applicant's goods bearing the subject mark, is an acceptable specimen and thus respectfully requests the examining attorney withdraw the specimen refusal for this Class 021. The originally submitted specimen was in use in commerce at least as early as the filing date of the application.

Class 024: The URL of the original webpage specimen is: http://ouragami.org/collections/skincare/products/bliss, and it was accessed or printed on: March 24, 2020. The originally submitted specimen was in use in commerce at least as early as the filing date of the application.

Class 025: The URL of the original webpage specimen is: http://ouragami.org/collections/headwear/products/emergent, and it was accessed or printed on: March 24, 2020. The originally submitted specimen was in use in commerce at least as early as the filing date of the application.


Correspondence Information (current):
      MIN K. CHAI
      PRIMARY EMAIL FOR CORRESPONDENCE: mchai@mkc-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jlin@mkc-law.com

The docket/reference number is 520.002.
Correspondence Information (proposed):
      Min K. Chai
      PRIMARY EMAIL FOR CORRESPONDENCE: mchai@mkc-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jlin@mkc-law.com

The docket/reference number is 520.002.

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: /Min K. Chai/      Date: 06/23/2020
Signatory's Name: Min K. Chai
Signatory's Position: Attorney of Record
Signatory's Phone Number: 949-514-8652


Response Signature
Signature: /Min K. Chai/     Date: 06/23/2020
Signatory's Name: Min K. Chai
Signatory's Position: Attorney of Record

Signatory's Phone Number: 949-514-8652

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:    MIN K. CHAI
   MKC LAW GROUP
   
   4790 IRVINE BLVD., STE. 105-205
   IRVINE, California 92620
Mailing Address:    Min K. Chai
   MKC LAW GROUP
   4790 IRVINE BLVD., STE. 105-205
   IRVINE, California 92620
        
Serial Number: 88849552
Internet Transmission Date: Tue Jun 23 12:04:24 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200623120424240096-88849552-
710ab2470f898201e277f6d1af08ae4a88e4f376
c36a453b06728fa7018148d8e2a-N/A-N/A-2020
0623120204942889



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