Response to Office Action

AG+

AURABEAT TECHNOLOGY LIMITED

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90264499
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION
MARK FILE NAME http://uspto.report/TM/90264499/mark.png
LITERAL ELEMENT AG+
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the phrase "AG+" in stylized font.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 011
DESCRIPTION air purifying apparatus and instruments
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 305315021
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Hong Kong
        FOREIGN FILING DATE 06/26/2020
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 011
TRACKED TEXT DESCRIPTION
air purifying apparatus and instruments; Air purifying apparatus and machines.
FINAL DESCRIPTION Air purifying apparatus and machines.
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 305315021
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Hong Kong
       FOREIGN FILING DATE 06/26/2020
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK AG appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.
SIGNIFICANCE OF MARK The word(s) AG has no meaning in a foreign language.
MISCELLANEOUS STATEMENT Silver is not a component of the goods.
CORRESPONDENCE INFORMATION (current)
NAME TONY HOM
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tonyhom@live.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) info@accoladeip.com
DOCKET/REFERENCE NUMBER ACC-TM200722
CORRESPONDENCE INFORMATION (proposed)
NAME Tony Hom
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tonyhom@live.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) ustm@accoladeip.com
DOCKET/REFERENCE NUMBER ACC-TM200722
SIGNATURE SECTION
RESPONSE SIGNATURE /th/
SIGNATORY'S NAME Tony Hom
SIGNATORY'S POSITION Attorney of Record, New York bar member
SIGNATORY'S PHONE NUMBER 9175880481
DATE SIGNED 04/14/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Wed Apr 14 10:47:28 ET 2021
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XX-
20210414104728266008-9026
4499-7705816f21758f0a5918
4cbb2ae6bc23fc56ebffa34b4
9cba13a7015e7761f3472-N/A
-N/A-20210414104421662577



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 90264499 AG+ (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9026449 9/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 011 for air purifying apparatus and instruments
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Hong Kong application number 305315021 filed 06/26/2020]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: air purifying apparatus and instruments; Air purifying apparatus and machines.Class 011 for Air purifying apparatus and machines.
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Hong Kong application number 305315021 filed 06/26/2020]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
AG appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Significance of wording, letter(s), or numeral(s)
The word(s) AG has no meaning in a foreign language.


Miscellaneous Statement
Silver is not a component of the goods.

Correspondence Information (current):
      TONY HOM
      PRIMARY EMAIL FOR CORRESPONDENCE: tonyhom@live.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@accoladeip.com

The docket/reference number is ACC-TM200722.
Correspondence Information (proposed):
      Tony Hom
      PRIMARY EMAIL FOR CORRESPONDENCE: tonyhom@live.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ustm@accoladeip.com

The docket/reference number is ACC-TM200722.

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: /th/     Date: 04/14/2021
Signatory's Name: Tony Hom
Signatory's Position: Attorney of Record, New York bar member

Signatory's Phone Number: 9175880481 Signature method: Signed directly within the form

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:    TONY HOM
   ACCOLADE IP LIMITED
   
   81 70TH ST
   BROOKLYN, New York 11209
Mailing Address:    Tony Hom
   ACCOLADE IP LIMITED
   81 70TH ST
   BROOKLYN, New York 11209
        
Serial Number: 90264499
Internet Transmission Date: Wed Apr 14 10:47:28 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202104141047282
66008-90264499-7705816f21758f0a59184cbb2
ae6bc23fc56ebffa34b49cba13a7015e7761f347
2-N/A-N/A-20210414104421662577



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