Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76702100 has been amended as follows:

EVIDENCE
Evidence in the nature of The Examining Attorney's February 11, 2011 Office Action rejected the mark KOKO on the basis of prior registrations and noted a prior-filed application. Applicant has made several changes to its description of goods, and Applicant believes that based on the amended description of goods there is no likelihood of confusion. Applicant offers no plush dolls that represent animals, no card games, and no dolls under the mark KOKO. Applicant therefore requests that the application be approved for publication. has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for 'Games, namely, board games, card games, action skill games; toys, namely, model trains and vehicles, accessories for model trains and vehicles, namely, storage cases, toy bridges, toy buildings, toy characters, toy train tracks, toy crossings, toy trees, toy loudspeakers; play-sets comprising model train vehicles and accessories, namely, storage cases, toy bridges, toy buildings, toy characters, toy train tracks, toy loudspeakers, toy crossings and toy trees; balls; building blocks; soft toys, rocking toys, ride-on toys, ride-on toy trains and vehicles; spinning tops; slides; climbing frames; amusement park and fairground rides; swings; dolls; dolls clothing; play-tents; puzzles; party favours in the nature of small toys; felt play sets; flippers and arm bands for swimming; yo yos; bath toys; children's bicycles, scooters, roller skates, roller blades, skate boards and tricycles; children's trolleys and walking aids (baby walkers); pull-along toys; toys on wheels; musical toys; snow globes; balloons; wind-up toys; modelling dough; sand pits; christmas tree decorations; self contained computer game equipment, namely, hand-held units for playing video games
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: 'Games, namely, board games, card games, action skill games; Games, namely board games, action skill games; toys, namely, model trains and vehicles, accessories for model trains and vehicles, namely, storage cases, toy bridges, toy buildings, toy characters, toy train tracks, toy crossings, toy trees, toy loudspeakers; toys, namely, model trains and vehicles, accessories for model trains and vehicles, namely storage cases, toy bridges, toy buildings, toy characters in the shape of trains, toy train tracks, toy crossings, toy trees, toy loudspeakers; play-sets comprising model train vehicles and accessories, namely, storage cases, toy bridges, toy buildings, toy characters, toy train tracks, toy loudspeakers, toy crossings and toy trees; play-sets comprising model train vehicles and accessories, namely storage cases, toy bridges, toy buildings, toy characters, toy train tracks, toy loudspeakers, toy crossings and toy trees; balls; soccer balls, toy building blocks; building blocks; soft sculpture toys in the shape of trains; soft toys, rocking toys, ride-on toys, ride-on toy trains and vehicles; rocking toy horses, ride-on toys, ride-on toy trains and vehicles; spinning tops; slides; playground slides; climbing frames; playground climbing units in the nature of frames; amusement park and fairground rides; swings; dolls; play-tents; dolls clothing; puzzles; party favors in the nature of small toys; felt play sets for children's play; party favours in the nature of small toys; flippers and arm float bands for swimming; felt play sets; yo yos; flippers and arm bands for swimming; bath toys in the shape of trains; in-line skates; bath toys; skate boards and pull-along toys; children's bicycles, scooters, roller skates, roller blades, skate boards and tricycles; train toys on wheels; children's trolleys and walking aids (baby walkers); musical toys; pull-along toys; snow globes; toys on wheels; balloons; wind-up toys; toy modeling dough; playground sand pits in the nature of boxes; Christmas tree decorations; modelling dough; self contained computer game equipment namely, hand-held units for playing video games; sand pits; self contained computer game equipment, namely, hand-held units for playing video gamesClass 028 for Games, namely board games, action skill games; toys, namely, model trains and vehicles, accessories for model trains and vehicles, namely storage cases, toy bridges, toy buildings, toy characters in the shape of trains, toy train tracks, toy crossings, toy trees, toy loudspeakers; play-sets comprising model train vehicles and accessories, namely storage cases, toy bridges, toy buildings, toy characters, toy train tracks, toy loudspeakers, toy crossings and toy trees; soccer balls, toy building blocks; soft sculpture toys in the shape of trains; rocking toy horses, ride-on toys, ride-on toy trains and vehicles; spinning tops; playground slides; playground climbing units in the nature of frames; amusement park and fairground rides; swings; play-tents; puzzles; party favors in the nature of small toys; felt play sets for children's play; flippers and arm float bands for swimming; yo yos; bath toys in the shape of trains; in-line skates; skate boards and pull-along toys; train toys on wheels; musical toys; snow globes; balloons; wind-up toys; toy modeling dough; playground sand pits in the nature of boxes; Christmas tree decorations; self contained computer game equipment namely, hand-held units for playing video games
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS
Applicant has a bona fide intention to use the mark in commerce or in connection with the goods listed in the application as of the filing date of the application.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Steven T. Shelton/      Date: 05/05/2011
Signatory's Name: Steven T. Shelton
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /Steven T. Shelton/     Date: 05/05/2011
Signatory's Name: Steven T. Shelton
Signatory's Position: Attorney for Applicant

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 76702100
Internet Transmission Date: Thu May 05 13:26:26 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2011050513262648
1721-76702100-480995312502acbdaa475a78ff
cb193c-N/A-N/A-20110505131217260926