Response to Office Action

LOTFANCY

Ding Heping

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 90432595
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION
MARK FILE NAME http://uspto.report/TM/90432595/mark.png
LITERAL ELEMENT LOTFANCY
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) orange, blue is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the wording "LotFancy" in stylized font.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Eyewear; Battery chargers; Computer keyboards; Dust protective goggles and masks; Earphones and headphones; Electric cables and wires; Power adapters; Protective work gloves; Sport whistles; Telescopic riflescopes
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2010
        FIRST USE IN COMMERCE DATE At least as early as 04/01/2010
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Eyewear; Battery chargers; Computer keyboards; Dust protective goggles and masks; Earphones and headphones; Electric cables and wires; Power adapters; Protective work gloves; Sport whistles; Telescopic riflescopes
FINAL DESCRIPTION
Eyewear; Battery chargers; Computer keyboards; Dust protective goggles and masks; Electric cables and wires; Power adapters
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2010
       FIRST USE IN COMMERCE DATE At least as early as 04/01/2010
       STATEMENT TYPE "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].
       SPECIMEN FILE NAME(S)
       JPG FILE(S) \\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4 \ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4\ ROA0003.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4\ ROA0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4\ ROA0010.JPG
       ORIGINAL PDF FILE SPU0-4576139168-202112082 20834746523_._Dust_protec tive_goggles_and_masks.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4\ ROA0005.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4\ ROA0006.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4\ ROA0007.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4\ ROA0008.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4\ ROA0009.JPG
       SPECIMEN DESCRIPTION 1.photos of Dust protective goggles and masks 2.printouts of ebay listing pages of Dust protective goggles and masks pouches 3.ebay sales orders. 
        WEBPAGE URL http://www.ebay.com/itm/203698629138
        WEBPAGE DATE OF ACCESS 12/06/2021
ADDITIONAL STATEMENTS SECTION
COLOR(S) CLAIMED
(If applicable)
The color(s) orange, blue is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The mark consists of the wording "LotFancy" in stylized font with g "Lot" in orange and "Fancy" in blue.
CORRESPONDENCE INFORMATION (current)
NAME JIANMIN ZHOU
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jzhoutrademark@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) Easter713@hotmail.com
CORRESPONDENCE INFORMATION (proposed)
NAME Jianmin Zhou
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jzhoutrademark@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) Easter713@hotmail.com
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_4576139168-220834746_. _90432595_LOTFANCY_Declar ation_Signature.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\904\325\90432595\xml4\ ROA0011.JPG
SIGNATORY'S NAME Ding Heping
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 626-566-5511
SIGNATURE METHOD Handwritten
RESPONSE SIGNATURE /Jianmin Zhou/
SIGNATORY'S NAME Jianmin Zhou
SIGNATORY'S POSITION Attorney of record
SIGNATORY'S PHONE NUMBER 626-566-5511
DATE SIGNED 12/09/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Thu Dec 09 12:37:53 ET 2021
TEAS STAMP USPTO/ROA-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXXX-
20211209123753672404-9043
2595-78157a48de95d48ffec5
732eb81d4f7937b7d3eca66ad
6f978ba87a13425e7651-N/A-
N/A-20211209122656380203



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. 90432595 LOTFANCY (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9043259 5/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Eyewear; Battery chargers; Computer keyboards; Dust protective goggles and masks; Earphones and headphones; Electric cables and wires; Power adapters; Protective work gloves; Sport whistles; Telescopic riflescopes
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 01/01/2010 and first used in commerce at least as early as 04/01/2010 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Eyewear; Battery chargers; Computer keyboards; Dust protective goggles and masks; Earphones and headphones; Electric cables and wires; Power adapters; Protective work gloves; Sport whistles; Telescopic riflescopesClass 009 for Eyewear; Battery chargers; Computer keyboards; Dust protective goggles and masks; Electric cables and wires; Power adapters
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 01/01/2010 and first used in commerce at least as early as 04/01/2010 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of 1.photos of Dust protective goggles and masks 2.printouts of ebay listing pages of Dust protective goggles and masks pouches 3.ebay sales orders. .
"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].
JPG file(s):Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-4576139168-202112082 20834746523_._Dust_protec tive_goggles_and_masks.pdf
Converted PDF file(s) ( 5 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5


Webpage URL: http://www.ebay.com/itm/203698629138
Webpage Date of Access: 12/06/2021

ADDITIONAL STATEMENTS
Color Claim
The color(s) orange, blue is/are claimed as a feature of the mark.

Description of mark
The mark consists of The mark consists of the wording "LotFancy" in stylized font with g "Lot" in orange and "Fancy" in blue.
Correspondence Information (current):
      JIANMIN ZHOU
      PRIMARY EMAIL FOR CORRESPONDENCE: jzhoutrademark@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Easter713@hotmail.com
Correspondence Information (proposed):
      Jianmin Zhou
      PRIMARY EMAIL FOR CORRESPONDENCE: jzhoutrademark@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Easter713@hotmail.com

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
Original PDF file:
HS_4576139168-220834746_. _90432595_LOTFANCY_Declar ation_Signature.pdf
Converted PDF file(s) (1 page) Signature File1
Signatory's Name: Ding Heping
Signatory's Position: Owner
Signatory's Phone Number: 626-566-5511

Signature method: Handwritten

Response Signature
Signature: /Jianmin Zhou/     Date: 12/09/2021
Signatory's Name: Jianmin Zhou
Signatory's Position: Attorney of record

Signatory's Phone Number: 626-566-5511 Signature method: Sent to third party for signature

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:    JIANMIN ZHOU
   LAW OFFICES OF JAMES ZHOU
   
   17700 CASTLETON ST, STE 583
   CITY OF INDUSTRY, California 91748
Mailing Address:    Jianmin Zhou
   LAW OFFICES OF JAMES ZHOU
   17700 CASTLETON ST, STE 583
   CITY OF INDUSTRY, California 91748
        
Serial Number: 90432595
Internet Transmission Date: Thu Dec 09 12:37:53 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20211209123753672404-90432595-
78157a48de95d48ffec5732eb81d4f7937b7d3ec
a66ad6f978ba87a13425e7651-N/A-N/A-202112
09122656380203


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