Suspension Letter

SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. 37 C.F.R. §2.67. However, the examining attorney will conduct periodic status checks and may issue inquiries at 6 month intervals from the mailing date of this notice. TMEP §716.05. If a status inquiry Office action issues, applicant will have 6 months from the mailing or e-mailing date of the status inquiry to respond. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.

MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

Action on this application is suspended pending the disposition of:

- Application Serial No(s). 78468663

Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application in a refusal to register under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d). See 37 C.F.R. §2.83; TMEP §§1208 et seq. A copy of information relevant to this pending application(s) was sent previously.

Applicant may submit a request to remove the application from suspension to present arguments related to the potential conflict between the relevant application(s) or other arguments related to the ground for suspension. TMEP §716.03. Applicant's election not to present arguments during suspension will not affect the applicant's right to present arguments later should a refusal in fact issue. If a refusal does issue, applicant will be afforded 6 months from the mailing or e-mailing date of the Office action to submit a response. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.

Please note the requirements from the prior Office action of March 19, 2006, which are maintained and CONTINUED herein as follows:

1.) The requirement that applicant must specify whether the wording “SOUND POPS” has any significance in the toy trade or industry or as applied to the goods described in the application, is CONTINUED because applicant did not respond to such requirement. 37 C.F.R. §2.61(b).

2.) The requirement to amend to an acceptable identification of goods is CONTINUED for the following reasons:

The wording “toys with a collectible value” is unacceptable as indefinite because the exact types of toys are not specified. Applicant must amend this wording to name each type of toy by common commercial name, e.g., “toys with a collectible value, namely [SPECIFY toys, e.g., collectible dolls, collectible toy cars].”

The wording “magnetic tumbling toys” is unacceptable as indefinite because the nature of the goods is still unclear. Applicant must amend this wording to more clearly describe the exact nature of these toys.

The “toy chests”, as stated in the prior Office action, are properly classified in International Class 20, not Class 28, because toy chests are considered ‘furniture.’ Applicant must therefore either delete the toy chests from the application, or add International Class 20 to the application. [The requirements for adding an international class to the application were outlined in the prior Office action, and will be repeated in the subsequent Office action upon the resolution of the above referenced prior-filed conflicting application.]

The wording “electronic toys, namely sound and light making toys” is unacceptable as indefinite because the exact types of toys are not specified and the present wording could include anything from toy trucks to dolls to toy houses to toy dinosaurs to board games – all of which have the ability to be ‘sound and light making toys.’ Applicant must amend this wording to therefore indicate the specific types of toys.

The wording “and other games and toys” is unacceptable as still indefinite and applicant has not amended this wording at all as required in the prior Office action. Applicant must amend this wording to indicate the specific types of games and toys.

/Martha Santomartino/

Trademark Attorney

Law Office 112

(571) 272-9416