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

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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. 90473007 NUBAUTO(Standard Characters, see http://uspto.report/TM/90473007/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Boaters; Gloves; Spats; Bicycling gloves; Body suits for babies, adults, children, women, men; Boots for motorcycling; Bridal headpieces as headwear in the nature of veils, fashion hats; Camouflage gloves; Clothing, namely, knee warmers; Costumes for use in role-playing games; Cross-country gloves; Cycling caps; Cycling shoes; Cycling shorts; Driving gloves; Leg shielding device, attachable to and detachable from a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Light-reflecting coats; Motorcycle gloves; Riding coats; Ski and snowboard shoes and parts thereof
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 01/01/2021 and first used in commerce at least as early as 01/01/2021 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Light-reflecting coats; Boaters; Gloves; Spats; Bicycling gloves; Body suits for babies, adults, children, women, men; Bridal headpieces as headwear in the nature of veils, fashion hats; Boots for motorcycling; Camouflage gloves; Clothing, namely, knee warmers; Costumes for use in role-playing games; Cross-country gloves; Cycling caps; Cycling shoes; Cycling shorts; Driving gloves; Leg shielding device, attachable to and detachable from a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Motorcycle gloves; Riding coats; Ski and snowboard shoes and parts thereofClass 025 for Light-reflecting coats; Boaters; Gloves; Spats; Bicycling gloves; Body suits for babies, adults, children, women, men; Boots for motorcycling; Camouflage gloves; Clothing, namely, knee warmers; Cross-country gloves; Cycling caps; Cycling shoes; Cycling shorts; Driving gloves; Leg shielding device, attachable to and detachable from a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Motorcycle gloves; Riding coats; Ski and snowboard shoes and parts thereof
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 01/01/2021 and first used in commerce at least as early as 01/01/2021 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025. The specimen(s) submitted consists of 1.Photos of goods, namely, clothing, namely, knee warmers, displaying Applicant's mark as currently used in U.S. commerce. 2.Applicant's products, clothing, namely, knee warmers, featuring mark, as sold on http://bluex.myshopline.com/products/Nubauto. 3.Copy of Order Confirmation and printout of webstores listing pages are attached as proof. Purchase order webpage accessed on 07/19/2021..
"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 File1
Original PDF file:
SPU0-475771202-2021072702 3514652989_._specimen_1_0.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU0-475771202-2021072702 3514652989_._specimen_3_2.pdf
Converted PDF file(s) ( 6 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6


Webpage URL: http://bluex.myshopline.com/products/Nubauto
Webpage Date of Access: 07/19/2021
Correspondence Information (current):
      YUE NIU
      PRIMARY EMAIL FOR CORRESPONDENCE: niu@mainleaf-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): byuelaw@gmail.com

The docket/reference number is TUS103552.
Correspondence Information (proposed):
      Yue Niu
      PRIMARY EMAIL FOR CORRESPONDENCE: niu@mainleaf-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): byuelaw@gmail.com

The docket/reference number is TUS103552.

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: /Gao, Pei/      Date: 07/27/2021
Signatory's Name: Gao, Pei
Signatory's Position: Owner
Signature method: Sent to third party for signature

Response Signature
Signature: /Yue Niu/     Date: 07/28/2021
Signatory's Name: Yue Niu
Signatory's Position: Attorney of record
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:    YUE NIU
   MAINLEAF LAW GROUP PLLC
   
   540 W. 49TH STREET, APT 204S
   NEW YORK, New York 10019
Mailing Address:    Yue Niu
   MAINLEAF LAW GROUP PLLC
   540 W. 49TH STREET, APT 204S
   NEW YORK, New York 10019
        
Serial Number: 90473007
Internet Transmission Date: Wed Jul 28 21:23:19 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20210728212319052
395-90473007-780c2f943acad8c23d27c19ca9c
2e4d8e80cd1bf8f455827fb078d47fe387657b-N
/A-N/A-20210727023514652989