Examiners Amendment

AMENDMENT: The trademark examining attorney is amending the application as follows. No prior approval or authorization from applicant or applicant’s attorney is required. TMEP §707.02.

Amended Classification of Goods and Services

The application is amended to reclassify “printed teaching materials in the form of games for use in the fields of mathematics, language arts, social studies, art, music, theatre arts or literature” from International Class 016 to International Classes 028. TMEP §1401.03(b); see 37 C.F.R. §2.85.

The goods and services will thus be listed in each class as follows:

CLASS 009: UNCHANGED;

CLASS 016: Books and magazines, all for children; comic books, comic strips in general; children's activity books, children's pop-up books; printed matter, namely, magazines, journals, pamphlets, brochures, booklets and a series of fiction or non-fiction books, all featuring children's entertainment; coloring books; bookmarks of paper or card; children's books featuring interactive magnetic or felt elements; posters; paper banners; mounted photographs, unmounted photographs; postcards; printed charts of paper or card such as growth charts, space charts, alphabet charts, and multiplication charts; greeting cards, blank cards, Christmas cards, gift cards, note cards; wrapping paper; paper tags; paper and cardboard bags and boxes for packaging; cardboard and cardboard articles, namely, cartons and containers; packing paper; paper ribbons; paper gift wrapping ribbons; stationery, notepaper, envelopes, note books; blank, printed or partially printed paper labels; address labels; loose leaf binders; exercise books; writing pads; address books; pens, pencils, pencil cases, pen cases; pencil holders; stationery boxes; artists' materials, namely, artists' pencils, artists' brushes, artists' pens, stencils, poster art sets, paint boxes, paint brushes, drawing materials, namely, instruments, pads and paper; coloring materials, namely, crayons, felt tip pens, coloring pencils, marker pens, highlighters and brush pens, ink pens; adhesives for stationery or household purposes; modeling materials and compounds for use by children; modeling clay; modeling compounds; stamp pads and ink therefore; writing ink, rubber commemorative stamps; printed tickets; printed souvenir programs, flyers, posters, leaflets, brochures, pamphlets and booklets commemorating charitable events; printed instructional, educational and teaching material all for use with infants, babies and children; flashcards; stickers; paper and plastic transfers, namely, rub-on, stick-on and iron-on temporary tattoos, decalcomanias, iron-on transfers; stencils; paper and plastic transparencies; calendars; tear-off calendars; diaries; office requisites, namely, type correcting fluid, punches, rubber bands, paper clips, binder clips and fasteners, staplers, adhesive tape dispensers, erasers, pencil sharpeners, note binders, namely, paper fasteners, loose leaf binders, three-ring binders, mechanical binder sets comprising rings; files, namely, document files, card files, file folders and file sorters; folders; memo pads; electric typewriters; printing blocks; receptacles for holding rubber bands, paper clips, binder clips and paper fasteners; disposable diapers; paper bibs; paper napkins and paper tablecloths; bathroom tissue; facial tissues; paper handkerchiefs; absorbent paper for use in the kitchen; paper towels; paper face towels; table mats made of paper; and paper place mats; coasters made of paper; plastic sandwich bags; general purpose plastic and paper bags; plastic and paper garbage bags; photo, scrap, coin and stamp albums; scrapbooks; almanacs; announcement cards; blackboards; blotters; book ends; bookmarks; bottle wrappers of cardboard or paper; paper and cardboard boxes; trading cards and trivia cards; printed charts; book bindings; embroidery design patterns; printed dress making patterns; paper mache figurines; paper flags; paper flower pot covers; construction paper; craft paper; loose leaf paper; tissue paper; tracing paper; checkbook covers; passport holders; book covers; personal organizers; pocket secretaries; chalk boards and easels for home or school use; wooden book ends;

CLASS 025: UNCHANGED;

CLASS 028: Toy figures representing cartoon characters; games and playthings, namely, soft-sculpture toys; wooden toys, namely, building blocks, alphabet blocks and pull out wooden puzzles; electrical and mechanical action toys; electronic action toys; radio controlled toys; swimming aids, namely, pool rings, arm floats for recreational use, kick board flotation device for recreational use, swim rings, floating recreational lounge chairs, air beds, namely, inflatable float mattresses for recreational use; inflatable ride-on toys; swim fins; beach balls; paddling pools, namely, play swimming pools; play mats containing infant toys; dolls; action figures and play figures; plush toys; beanbag toys; stuffed toy animals; toy figures; puppet toys for babies and infants, namely, rattles, mobiles, play quilts as doll accessory and multiple activity toys; toys designed to be attached to car seats, strollers, cribs, high chairs; play sets designed to interact with dolls, play figures and action figures; make-believe sets, namely, play houses and play tea sets; vehicles for dolls, action figures and play figures; carrying or collecting cases for dolls, play figures and action figures; doll clothing and accessories; children's multiple activity toys, namely, picture activity sets comprised of felt, wipe-away sets comprised of dry erase writing boards and writing surfaces, slate boards for writing, water color boards, decorative glitter sets; children's multiple activity toys, namely, knitting sets comprised of stitch markers, stitch gauges, stitch holders, yarn bobbins, needles, and toy construction sets; jokes and novelty items, namely, paper face masks, rude noise-makers, false faces, false noses, false eyeglasses, false beards, false moustaches, windup toys, water squirting toys, magic tricks; party favors in the nature of small toys; kaleidoscopes; balloons; jigsaw puzzles, manipulative puzzles and cube-type puzzles; tic-tac-toe; domino sets; equipment sold as a unit for board, card and skill action games and floor games; Christmas tree decorations, not including confectionery or illumination articles; knee, elbow and wrist protectors for use in skating and other sports; toy vehicles; construction toys; wooden toy model train sets; ride-on toys; ride on toys, namely, pedal cars and pedal planes; toy bicycles, toy tricycles, toy scooters; gymnastic apparatus; sporting articles, namely, sport balls; tennis, squash, badminton, racquetball, paddle ball and table tennis rackets and racket covers; baseball and softball mitts; baseball and softball gloves, bats, catcher's masks; leg guards for athletic use, athletic supporters and protective cups, shin, thigh, leg, hip, shoulder, rib and arm pads for athletic use; baseball and softball bases; kicking tees; field hockey and lacrosse sticks; mouth guards for athletic use; archery bows, bow strings, arrows, targets, quivers; basketball goals, nets, and backboards; croquet sets; boxing gloves; barbells; skis, ski poles; snowboards; bowling balls; golf equipment and accessories, namely, clubs, bags, golf tees, gloves, ball markers, club head covers, divot repair tools; ice hockey sticks and pucks; shuffleboard sticks; badminton shuttlecocks; volleyball, tennis, and table tennis nets; cricket sticks and wickets; snow sleds for recreational use; surf boards; body boards; skim boards; windsurfing boards; ice skates; roller skates; in-line skates; skate boards; stationery exercise bicycles; flying discs; water skis; dartboards; darts; fishing rods, reels and lures; trampolines; bounce-on inflatable toys; wooden skittles; yo-yos; skipping ropes; kites; toy phones, toy torches; arcade games; coin-operated ride-on toys; confetti; hobby craft sets consisting of felt shapes for making pictures; printed teaching materials in the form of games for use in the fields of mathematics, language arts, social studies, art, music, theatre arts or literature;

CLASS 041: UNCHANGED.

See TMEP §§1402.01, 1402.01(e).

Proper classification of goods and services is a purely administrative matter within the sole discretion of the United States Patent and Trademark Office. In re Tee-Pak, Inc., 164 USPQ 88, 89 (TTAB 1969).

Please note that any future amendments to the identification of goods and/or services must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).

/Sandra M. Buja/

Trademark Attorney-Advisor

Law Office 104

Phone: (571) 272-7047

Fax: (571) 273-7047

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.