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 11/30/2023)

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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 11/30/2023)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90040634 LOVE UNICORN (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9004063 4/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 014 for Bracelets; Clocks; Cufflinks; Earrings; Gems; Jewelry; Lockets; Pendants; Wristwatches; Jewellery charms; Jewelry chains; Jewelry findings; Necklaces; Rings; Tie pins
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 10/26/2017 and first used in commerce at least as early as 10/26/2017 , and is now in use in such commerce.


Proposed:
Class 014 for Bracelets; Clocks; Cufflinks; Earrings; Gems; Jewelry; Lockets; Pendants; Wristwatches; Jewellery charms; Jewelry chains; Jewelry findings; Necklaces; Rings; Tie pins
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 10/26/2017 and first used in commerce at least as early as 10/26/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 014. The specimen(s) submitted consists of The specimen of Applicant's products, including Necklaces, with the mark UNICORN; One screenshot of Applicant's official website listing pages dated November 27, 2020..
"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].
Original PDF file:
SPU0-47252447-20201201233 004928596_._Necklaces_0.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-47252447-20201201233 004928596_._Premium_Mala_ Beads_Necklace_1.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

ADDITIONAL STATEMENTS
Color Claim
The color(s) silver, green, blue, purple, rose, pink, orange, yellow, white and black is/are claimed as a feature of the mark.

Description of mark
The mark consists of silver infinity charm with the silver stylized wording "LOVE held together with a green bracelet string on both sides. Below the infinity symbol lies bracelet strings in the colors blue, purple, rose, pink, orange and yellow. The purple and pink strings are outlined in purple and have the silver stylized wording "UNICORN". Below the bracelet lies a white and silver unicorn charm with yellow, pink, blue, purple hair, black eyes, and an orange horn. The color white not claimed as a feature of the mark is merely background and is not claimed as a feature of the mark.

Miscellaneous Statement


Original PDF file:
mis-47252447-202012012330 04928596_._UNICORN_MISCEL LANEOUS_STATEMENT_0.pdf
Converted PDF file(s) ( 3 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3
Correspondence Information (current):
      DI LI
      PRIMARY EMAIL FOR CORRESPONDENCE: di@dililaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMProce@scienbizip.com; trademarks@dililaw.com; ecptm@scienbizip.com

The docket/reference number is US008640T.
Correspondence Information (proposed):
      Di Li
      PRIMARY EMAIL FOR CORRESPONDENCE: di@dililaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMProce@scienbizip.com; trademarks@dililaw.com; ecptm@scienbizip.com

The docket/reference number is US008640T.

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: /Zhou, Na/      Date: 12/01/2020
Signatory's Name: Zhou, Na
Signatory's Position: President

Response Signature
Signature: /Di Li/     Date: 12/01/2020
Signatory's Name: Di Li
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 626-723-4849

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:    DI LI
   DI LI LAW, P.C.
   
   17700 CASTLETON STREET, STE 353
   CITY OF INDUSTRY, California 91748
Mailing Address:    Di Li
   DI LI LAW, P.C.
   17700 CASTLETON STREET, STE 353
   CITY OF INDUSTRY, California 91748
        
Serial Number: 90040634
Internet Transmission Date: Tue Dec 01 23:32:12 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-202012012332126717
82-90040634-750ff69f661cf8a5f348ff3f878f
ad3d20a1ed80d2e26df3a74f77ca579784372-N/
A-N/A-20201201233004928596