UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`The Honorable Clark S. Cheney
`Chief Administrative Law Judge
`
`
`In the Matter of
`
`CERTAIN CRAFTING MACHINES AND
`COMPONENTS THEREOF
`
`
`Investigation No. 337-TA-1426
`
`COMMISSION INVESTIGATIVE STAFF’S RESPONSE TO COMPLAINANT’S
`MOTION FOR LEAVE TO EFFECT PERSONAL SERVICE ON CERTAIN
`RESPONDENTS THROUGH ALTERNATIVE MEANS
`[Motion 1426-003]
`
`
`
`INTRODUCTION
`
`
`
`
`
`
`
`On January 24, 2025, Complainant Cricut, Inc. (“Cricut” or “Complainant”) filed a
`
`motion requesting permission to serve the complaint and notice of institution by alternative
`
`means upon Respondents (i) Bozhou Wanxingyu Technology Co., Ltd. (“BWT”); (ii)
`
`Bozhou Zhongdaxiang Technology Co., Ltd. (“BZT”); and (iii) LiPing Zhan (“Zhan”).
`
`Motion Dkt. 1426-003 (EDIS Doc. ID 841752) (“Motion”). For the reasons set forth
`
`below, the Commission Investigative Staff (“Staff”) supports Complainant’s Motion in-part.
`
`
`
`LEGAL STANDARD
`
`Commission Rule 210.16(b) provides that service of a document on a party shall be
`
`effected:
`
`(1) by mailing or delivering a copy of a nonconfidential version of the document to each
`party, or, if the party is represented by an attorney before the Commission, by mailing or
`delivering a nonconfidential version thereof to such attorney; or
`
`(2) by leaving a copy thereof at the principal office of each other party, or, if a party is
`represented by an attorney before the Commission, by leaving a copy at the office of such
`attorney.
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`337-TA-1426
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`
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`1
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`Staff’s Response to
`Motion Dkt. 1426-003
`
`

`

`19 C.F.R. § 210.16(b) (2025). However, the service of process and all documents issued by
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`or on behalf of the Commission or the administrative law judge shall be in accordance with
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`§ 201.16 of this chapter unless the Commission, the administrative law judge, or this or
`
`another section of this part specifically provides otherwise. 19 C.F.R. § 210.7(a)(1) (2025).
`
`With leave from the presiding administrative law judge, a complainant may attempt
`
`to effect personal service of the complaint and notice of investigation upon a respondent, if
`
`efforts to serve the respondent by the specified means have been unsuccessful. See 19 C.F.R.
`
`§ 210.11(b) (2025). If the complainant succeeds in serving the respondent by personal
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`service, the complainant must notify the administrative law judge and file proof of such
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`service with the Secretary. Id.
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`Administrative law judges have granted requests to effect service by alternative
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`methods, including by email. See, e.g., Certain Toner Cartridges, Components Thereof, and
`
`Systems Containing the Same, Inv. No. 337-TA-1174, Order No. 7 at 2 (Oct. 11, 2019) (EDIS
`
`Doc. ID 691057) (authorizing service by electronic means including use of FTP link with
`
`read receipt); Certain Toner Supply Containers and Components Thereof (I), Inv. No. 337-TA-
`
`1259, Order No. 6 at 3 (June 3, 2021) (EDIS Doc. ID 743888) (authorizing service by
`
`Amazon.com seller profile page contact links); and Certain Centrifuge Utility Platform and
`
`Falling Film Evaporator Systems and Components Thereof, Inv. No. 337-TA-1311, Order No. 6
`
`at 2-3 (May 23, 2022) (EDIS Doc. ID 771344) (“Centrifuge Utility Platform”) (authorizing
`
`service by email and Alibaba.com marketplace contact links).
`
`Additionally, refusal to accept a mailing has been found to be effective service. See,
`
`e.g., Certain Toner Cartridges, Components Thereof, and Systems Containing Same, Inv. No. 337-
`
`TA-1174, Order No. 14 at 2 (Oct. 30, 2019) (EDIS Doc. ID 692749) (“Toner Cartridges”)
`
`337-TA-1426
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`2
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`Staff’s Response to
`Motion Dkt. 1426-003
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`

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`(refusal of service is “a sufficient indication of receipt to justify the issuance of a show-cause
`
`order under Commission Rule 210.16(a)(1).”); Certain Portable Battery Jump Starters and
`
`Components Thereof, Inv. No. 337-TA-1256, Order No. 17 at 2 (May 17, 2021) (EDIS Doc.
`
`ID 742724); Certain Self-Balancing Elec. Skateboards and Components Thereof, Inv. No. 337-TA-
`
`1386, Order No. 8 at 6 (Feb. 6, 2024) (“Elec. Skateboards”) (EDIS Doc. ID 813456) (refusal
`
`of service has been found to be effective service).
`
` ANALYSIS
`
`As explained below, the Staff believes that Respondent Zhan has been effectively
`
`served whereas Respondents BZT and BWT have not.
`
`A.
`
`ZHAN
`
`Complainant indicates that it attempted service of the Complaint and Notice of
`
`Institution of Investigation (“NOI”) by Federal Express International Priority mail (tracking
`
`no. 770 643 535 816) to the physical address in China provided by Respondent Zhan to the
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`U.S. Patent and Trademark Office (“USPTO”) in connection with his U.S. Trademark
`
`Registration No. 541,5520 (Konduone®). Motion at 7. The trademark registration
`
`information indicates that the owner, LiPing Zhan, is an individual and provides a street
`
`address for Zhan in China. Id. Complainant’s use of the street address provided to the
`
`USPTO appears to be reasonably calculated to effect service on Zhan. See, e.g., Centrifuge
`
`Utility Platform at 2-3 (approving alternate service where Complainant showed that the
`
`proposed electronic email addresses are reasonably calculated to effect service).
`
`The tracking information for the package containing a copy of the Complaint and
`
`NOI indicates that the recipient of the package refused delivery on December 17, 2024.
`
`Motion, Exh. 9 at 5. Therefore, the Staff is of the view that Respondent Konduone has
`
`337-TA-1426
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`3
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`Staff’s Response to
`Motion Dkt. 1426-003
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`

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`effectively been served on December 17, 2024 because Respondent Zhan’s refusal of
`
`delivery of the package can be found to be effective service. Toner Cartridges at 2.
`
`B.
`
`VEVOR RESPONDENTS
`
`This Investigation was instituted on December 11, 2024, against three named
`
`respondents identified as the Vevor respondents: Shanghai Sishun E-
`
`Commerce Co., Ltd. (“Sishun”), BWT, and BZT. 89 Fed. Reg. 99905, 99906 (Dec. 11,
`
`2024).1
`
`In its effort to serve the complaint, Cricut explains that it used the “WHOIS” internet
`
`tool, and information for U.S. Trademark Reg. No. 6,225,1582 at the USPTO, to determine
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`that Sishun owns the www.vevor.com website and applied for the Vevor® trademark.
`
`Motion at 3-4, Exh. 2 (Vevor TM Assignment from Sishun to BZT); see also Exh. A attached
`
`hereto (USPTO Info.; highlighting added). The Vevor trademark was assigned on Nov. 1,
`
`2023, from Sishun to BZT. Motion, Exh. 2. While providing Sishun’s, BZT’s, and the BZT
`
`attorney’s alleged street addresses, the USPTO information also associates the following
`
`emails with BZT’s attorney: trademarks@dililaw.com, TMProce@cincbizip.com, and
`
`ecptm@scienbizip.com. Motion at 4; Exh. A hereto.
`
`1.
`
`Shanghai Sishun E-Commerce Co., Ltd.
`
`While the instant Motion does not concern Sishun, it appears that Respondent
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`Sishun has been successfully served. On Thursday, January 2, 2025, Mr. Alan Tan “a
`
`
`1 The Commission declined to institute against two other Vevor respondents: (i) Shanghai
`Sishun Co., Ltd. and (ii) Wuyi Bohai Electric Tools Co., Ltd.
`2 While the information obtained from this trademark may still be relevant, the Staff notes
`that this trademark registration is for “Automobile carpets; bath mats; carpets; floor
`coverings; gymnasium exercise mats, rugs; wallpaper,” which appears to be unrelated to
`crafting machines.
`
`337-TA-1426
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`
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`4
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`Staff’s Response to
`Motion Dkt. 1426-003
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`

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`Chinese counsel engaged by Vevor.com in response to [Complainant’s] 337 claim” reached
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`out to Complainant’s counsel via the cricut@mwe.com email address seeking to settle the
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`dispute giving rise to this Investigation. Motion, Exh. 6. When asked about accepting
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`service for BWT and BZT by Complainant’s counsel, Mr. Tan advised that he could only
`
`accept service on behalf of Sishun because the BWT and BZT “are not in association with
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`Sishun” and he could not represent them. Motion, Exh. 6.
`
`Thus, it seems that Sishun was properly served with the complaint and NOI for this
`
`Investigation by January 2, 2025. Motion, Exh. 6 at 3
`
`2.
`
`BWT and BZT
`
` Complainant attempted to serve BWT and BZT by sending the Complaint and NOI
`
`to street addresses in China, with the street address for BZT obtained from USPTO records
`
`for a trademark owned by BZT. Motion at 4. The Motion does not appear to explain how
`
`BWT’s street address was obtained. Complainant now requests that the Chief
`
`Administrative Law Judge find that Complainant effected service on both BWT and BZT by
`
`alternative means on December 13, 2024 by email to trademarks@dililaw.com,
`
`TMProce@cincbizip.com, and ecptm@scienbizip.com. The Staff, however, believes this
`
`request should be denied.
`
`First, the document filed in the trademark registration from which these emails were
`
`derived was filed on November 1, 2023, more than a year ago. Exh. A hereto. At least one
`
`of these email addresses appears to belong to a law firm—trademarks@dililaw.com.
`
`Complainant has submitted no evidence indicating that this law firm still represents BZT or
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`is authorized to accept service on BZT’s behalf. There is also no evidence that the other two
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`337-TA-1426
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`5
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`Staff’s Response to
`Motion Dkt. 1426-003
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`

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`email addresses— TMProce@cincbizip.com and ecptm@scienbizip.com–are associated
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`with BZT as they have domain names different from vevor.com.
`
`Also, Complainant has not offered any evidence to show that this law firm, or the
`
`two other email addresses, are linked to BWT. See, e.g., Centrifuge Utility Platform at 2-3
`
`(approving alternate service where Complainant showed that the proposed electronic email
`
`addresses were obtained through respondents’ websites and online marketplaces and are
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`reasonably calculated to effect service).
`
`Second, Complainant has provided the email through which the complaint and NOI
`
`was sent, including attaching the documents via TitanFile transfer. Motion, Exh. 5.
`
`However, Complainant has not provided any proof that either BZT or BWT received the
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`email or that either BZT or BWT tried to download files from the TitanFile transfer. See,
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`e.g., Elec. Skateboards at 5 (email service approved because Complainant received a delivery
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`report indicating that the message was successfully delivered).
`
`Thus, it appears that neither BZT nor BWT have been effectively served.3
`
` CONCLUSION
`
`For the reasons set forth above, the Staff supports Complainant’s Motion with
`
`respect to LiPing Zhan, but not as to BWT and BZT.
`
`
`
`
`
`
`3 It is also unclear whether requesting permission to serve by alternative means can be
`requested retroactively or must be obtained before such service is attempted.
`
`337-TA-1426
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`
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`6
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`Staff’s Response to
`Motion Dkt. 1426-003
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`

`

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`February 5, 2025
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Yoncha L. Kundupoglu
`Margaret D. Macdonald, Director
`David O. Lloyd, Supervisory Attorney
`Yoncha L. Kundupoglu, Investigative Attorney
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`(202) 205-3323 (office)
`
`337-TA-1426
`
`
`
`7
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`Staff’s Response to
`Motion Dkt. 1426-003
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`

`

`CERTAIN CRAFTING MACHINES
`AND COMPONENTS THEREOF
`
`
`
`337-TA-1426
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on February 5, 2025, she caused the foregoing
`
`COMMISSION INVESTIGATIVE STAFF’S RESPONSE TO COMPLAINANT’S
`MOTION FOR LEAVE TO EFFECT PERSONAL SERVICE ON CERTAIN
`RESPONDENTS THROUGH ALTERNATIVE MEANS
`[Motion 1426-003]
`
`
`to be served upon the Administrative Law Judge, by sending one (1) electronic courtesy PDF copy
`by email to the to the Administrative Law Judge’s chambers (Cheney1426@usitc.gov), and
`served the same upon the private parties in the manner indicated below:
`
`
`For Complainant Cricut, Inc.:
`
`Jay H. Reiziss
`McDermott Will & Emery LLP
`500 North Capitol Street, NW
`Washington, D.C. 20001
`Tel: (202) 756-8000
`
`For Respondents Hunan Sijiu Technology, Col
`Ltd.; Hunan Sijiu Electronic Technology Co.,
`Ltd.; and Guangdong Rongtu Technology Co.,
`Ltd:
`
`Helena Kiepura
`DLA Piper LLP (US)
`500 Eighth Street, NS
`Washington, D.C. 20004
`Tel: 202.799.4000
`
`For Respondent LiPing Zhan:
`
`LiPing Zhan
`No. 187, Yanglinguan Street
`Xingou Town, Jianli County
`Jingzhou, China 433300
`
`
`By Email:
`
`cricutitc@mwe.com
`
`By Email:
`
`DLA-Sijiu-1426@us.dlapiper.com
`
`
`
`By U.S. Air Mail
`
`
`
`337-TA-1426
`
`
`
`1
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`Certificate of Service
`
`

`

`337-TA-1426
`
`CERTAIN CRAFTING MACHINES
`AND COMPONENTS THEREOF
`
`
`
`For Respondent Shanghai Sishun E-Commerce
`Co., Ltd.:
`
`Shanghai Sishun E-commerce Co., Ltd.
`5th Floor, Building 6, Lane 958, Jinsha Jiangxi
`Road, Jiading District, Shanghai, China 201824
`
`
`
`For Respondent Bozhou Wanxingui Technology
`Co. Ltd.:
`
`Bozhou Wanxingui Technology Co. Ltd.
`5th Floor, Building 6, Lane 958, Jinsha Jiangxi
`Road, Jiading District, Shanghai, China 201824
`
`
`For Respondent Bozhou Zhongdaxiang
`Technology Co., Ltd.:
`
`Bozhou Zhongdaxiang Technology Co., Ltd.
`No. 41, Zhaoyangzhuang Vil., Dawang
`Xingzheng Vil., Niuji Town, Qiaocheng Dist.,
`Bozhou, Anhui,
`China 236800
`
`
`By U.S. Air Mail
`
`
`By U.S. Air Mail
`
`
`By U.S. Air Mail
`
`
`
`
`
`
`
`
`/s/ Yoncha L. Kundupoglu
`Yoncha L. Kundupoglu
`Investigative Attorney
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`(202) 205-3323 Office
`
`
`
`
`
`337-TA-1426
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`2
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`Certificate of Service
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`

`

`EXHIBIT A
`EXHIBIT A
`
`
`
`

`

`Feedback
`
`2/3/25, 1:34 PM
`
`Trademark Status & Document Retrieval
`
`For assistance with TSDR, email teas@uspto.gov and include your serial number, the document you are looking for, and a screenshot of any error messages you have received.
`
`STATUS
`
`DOCUMENTS
`
`MAINTENANCE
`
`Back to Search
`
`Print
`
`Generated on: This page was generated by TSDR on 2025-02-03 13:28:28 EST
`
`Mark: VEVOR
`
`US Serial Number: 88661573
`
`US Registration Number: 6225158
`
`Filed as TEAS Plus: Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing Date: Oct. 21, 2019
`
`Registration Date: Dec. 22, 2020
`
`Currently TEAS Plus: Yes
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Dec. 22, 2020
`
`Publication Date: Oct. 06, 2020
`
`Mark Information
`
`Mark Literal Elements: VEVOR
`
`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`For: Automobile carpets; Bath mats; Carpets; Floor coverings; Gymnasium exercise mats; Rugs; Wallpaper
`For: Automobile carpets; Bath mats; Carpets; Floor coverings; Gymnasium exercise mats; Rugs; Wallpaper
`
`International Class(es): 027 - Primary Class
`
`U.S Class(es): 019, 020, 037, 042, 050
`
`Class Status: ACTIVE
`
`First Use: Jul. 28, 2019
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Use in Commerce: Sep. 12, 2019
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: BOZHOU ZHONGDAXIANG TECHNOLOGY CO., LTD.
`
`Owner Address: NO.41, ZHAOYANGZHUANG VIL, DAWANG
`XINGZHENG VIL,NIUJI TOWN,QIAOCHENG DIST,
`BOZHOU, ANHUI CHINA 236800
`
`Legal Entity Type: LIMITED COMPANY (LTD.)
`
`State or Country Where
`Organized:
`
`CHINA
`
`Attorney/Correspondence Information
`
`Attorney of Record
`Attorney Name: Di Li
`
`
`
`
`
`trademarks@dililaw.comtrademarks@dililaw.com@
`
`Docket Number: US009821T
`
`Attorney Email Authorized: Yes
`
`Attorney Primary Email
`Address:
`
`Correspondent
`Correspondent
`Name/Address:
`
`Di Li
`Di Li Law, P.C.
`17700 Castleton Street, Ste 353
`City of Industry, CALIFORNIA UNITED STATES 91748
`
`Phone: 626-723-4849
`
`Correspondent e-mail:
`
`
`
`trademarks@dililaw.comtrademarks@dililaw.com@
`
`
`TMProce@scienbizip.comTMProce@scienbizip.com@ p
`
`
`Correspondent e-mail
`Authorized:
`
`Yes
`
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`2/3/25, 1:34 PM
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`ecptm@scienbizip.com
`
`Domestic Representative - Not Found
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`Prosecution History
`
`Trademark Status & Document Retrieval
`
`Date
`
`Nov. 01, 2023
`Nov. 01, 2023
`
`Dec. 22, 2020
`
`Oct. 06, 2020
`
`Oct. 06, 2020
`
`Sep. 16, 2020
`
`Sep. 01, 2020
`
`Aug. 31, 2020
`
`Aug. 31, 2020
`
`Aug. 30, 2020
`
`Aug. 10, 2020
`
`Aug. 10, 2020
`
`Aug. 10, 2020
`
`Aug. 10, 2020
`
`Aug. 05, 2020
`
`Aug. 05, 2020
`
`Aug. 05, 2020
`
`Jul. 17, 2020
`
`Jul. 17, 2020
`
`Jul. 17, 2020
`
`Jul. 17, 2020
`
`Jul. 17, 2020
`
`Jan. 10, 2020
`
`Jan. 10, 2020
`
`Jan. 10, 2020
`
`Jan. 10, 2020
`
`Oct. 24, 2019
`
`Description
`
`Proceeding Number
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`REGISTERED-PRINCIPAL REGISTER
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`PUBLISHED FOR OPPOSITION
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`ASSIGNED TO LIE
`
`NOTICE OF REVIVAL - E-MAILED
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`PETITION TO REVIVE-GRANTED
`
`TEAS PETITION TO REVIVE RECEIVED
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE)
`ENTERED
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`NON-FINAL ACTION E-MAILED
`
`NON-FINAL ACTION WRITTEN
`
`ASSIGNED TO EXAMINER
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
`
`Date in Location: Dec. 22, 2020
`
`Feedback
`
`Conveyance Filter
`
`Registrant: Shanghai Sishun E-commerce Co., Ltd
`
`Pages: 27
`
`Execution Date: Oct. 16, 2023
`
`State or Country Where
`Organized:
`
`CHINA
`
`TM Staff and Location Information
`
`TM Staff Information - None
`File Location
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Assignment Abstract Of Title Information
`
`Summary
`
`Total Assignments: 1
`
`Assignment 1 of 1
`
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`
`Reel/Frame: 8241/0537
`
`Date Recorded: Oct. 27, 2023
`Oct. 27, 2023
`
`Supporting Documents: assignment-tm-8241-0537.pdf
`
`Assignor
`Assignor
`
`Assignee
`Assignee
`
`
`
`
`
`Name: SHANGHAI SISHUN E-COMMERCE CO., LTD.SHANGHAI SISHUN E-COMMERCE CO., LTD.,
`
`Legal Entity Type: LIMITED COMPANY (LTD.)
`
`
`
`
`
`Name: BOZHOU ZHONGDAXIANG TECHNOLOGY CO., LTD.BOZHOU ZHONGDAXIANG TECHNOLOGY CO., LTD.,
`
`Legal Entity Type: LIMITED COMPANY (LTD.)
`
`State or Country Where
`Organized:
`
`CHINA
`
`Address: NO.41, ZHAOYANGZHUANG VIL, DAWANG
`XINGZHENG VIL,NIUJI TOWN,QIAOCHENG DIST,
`BOZHOU, ANHUI, CHINA 236800
`
`Correspondent
`Correspondent Name: ZHAO, SHUAI
`
`Correspondent Address: NO.41, ZHAOYANGZHUANG VIL, DAWANG
`XINGZHENG VIL,NIUJI TOWN,QIAOCHENG DIST,
`BOZHOU, ANHUI, CHINA
`
`Domestic Representative - Not Found
`
`Proceedings - Click to Load
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`https://tsdr.uspto.gov/#caseNumber=88661573&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
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