Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77419246 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Toy swords, role-playing toys
Original Filing Basis:
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 04/00/1999 and first used in commerce at least as early as 04/00/1999, and is now in use in such commerce.

Proposed: Class 028 for Toy swords, role-playing toys
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 04/00/1999 and first used in commerce at least as early as 04/00/1999, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 028. The specimen(s) submitted consists of an electronic specimen that will be sent directly to the TEAS Support Team via e-mail for processing.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1

ADDITIONAL STATEMENTS
Pursuant to TMEP §807.09, regarding the filing of a sound mark in a TEAS application, it states that in order "to enable validation of the application, the applicant should indicate that the mark type is "Standard Characters" and type the wording "NON-VISUAL MARK" in the box where the mark would otherwise be entered. The Office will enter the proper mark drawing code when the application is processed." Accordingly, Applicant respectfully requests that the standard character claim be deleted and that the proper mark drawing code be entered.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_20413008-173147371_._14332-6512.000_-_oar_signed_dec.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: David J. Anderman
Signatory's Position: Secretary

Response Signature
Signature: /Rosemary S. Tarlton/     Date: 12/10/2008
Signatory's Name: Rosemary S. Tarlton
Signatory's Position: Attorney of record, California bar member

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: 77419246
Internet Transmission Date: Wed Dec 10 21:47:04 EST 2008
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-200812102147043750
13-77419246-430c8837ec93906cd739c572e7b6
72c60-N/A-N/A-20081210173147371997