Response to Office Action

ESPN

ESPN, Inc.

Response to Office Action

PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78350025
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 028
DESCRIPTION
Toys and games, namely, hand-held or table-top electronic games, board games, multi-sport game tables, miniature vehicles and accessories therefor, action figures, remote control action figures, remote control play vehicles, fingerbikes, fingerboards, playsets, toy event stages, action figures, yo-yos; sporting goods, namely, in-line skates, bikes, skateboards, protective knee, elbow and wrist pads, snowboards, wakeboards and scooters
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 028
DESCRIPTION
Toys and games, namely, hand-held or table-top electronic games, board games, multi-sport game tables, miniature vehicles and accessories therefor, action figures, remote control action figures, remote control play vehicles, fingerbikes, fingerboards; toy vehicle playsets; toy vehicle playsets with toy event stages; toy action figure playsets; toy action figure playsets with toy event stages; toy event stages, action figures, yo-yos, ride-on toys; toy gliders; flying discs; soft sculpture plush toys; stuffed toy animals; stuffed toys; playing cards; electronic games pertaining to sports; electronic basketball backboards; inflatable toys; foam Disc and Ball Shooters and Foam Toy Discs and Balls for use therewith; inflatable balls, beach balls, billiard balls, volleyballs, rubber action balls and foam action balls; inflatable pounding bags; balloons; blow-outs [noise-making party favors]; party favors in the nature of crackers and noisemakers; party games; party favors in the nature of small toys; sporting goods, namely, in-line skates, bikes, skateboards, helmets, protective knee, elbow and wrist pads, snowboards, wakeboards and toy scooters
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (2nd class)(class added)
INTERNATIONAL CLASS 012
DESCRIPTION Bicycles; motorized and non-motorized scooters
FILING BASIS Section 1(b)
PAYMENT SECTION
NUMBER OF CLASSES 1
FEE PER CLASS 325
TOTAL FEES DUE 325
SIGNATURE SECTION
DECLARATION SIGNATURE /Alan Blum/
SIGNATORY NAME Alan Blum
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 06/30/2005
RESPONSE SIGNATURE /Alan Blum/
SIGNATORY NAME Alan Blum
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 06/30/2005
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 30 16:04:41 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXXXX-20050
630160441137207-78350025-
20078c7c523d898bc11e39352
ae1dbeb81DA256-2005063016
0329545256



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 78350025 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 028 for Toys and games, namely, hand-held or table-top electronic games, board games, multi-sport game tables, miniature vehicles and accessories therefor, action figures, remote control action figures, remote control play vehicles, fingerbikes, fingerboards, playsets, toy event stages, action figures, yo-yos; sporting goods, namely, in-line skates, bikes, skateboards, protective knee, elbow and wrist pads, snowboards, wakeboards and scooters
Original Filing Basis: 1(b).
Proposed: Class 028 for Toys and games, namely, hand-held or table-top electronic games, board games, multi-sport game tables, miniature vehicles and accessories therefor, action figures, remote control action figures, remote control play vehicles, fingerbikes, fingerboards; toy vehicle playsets; toy vehicle playsets with toy event stages; toy action figure playsets; toy action figure playsets with toy event stages; toy event stages, action figures, yo-yos, ride-on toys; toy gliders; flying discs; soft sculpture plush toys; stuffed toy animals; stuffed toys; playing cards; electronic games pertaining to sports; electronic basketball backboards; inflatable toys; foam Disc and Ball Shooters and Foam Toy Discs and Balls for use therewith; inflatable balls, beach balls, billiard balls, volleyballs, rubber action balls and foam action balls; inflatable pounding bags; balloons; blow-outs [noise-making party favors]; party favors in the nature of crackers and noisemakers; party games; party favors in the nature of small toys; sporting goods, namely, in-line skates, bikes, skateboards, helmets, protective knee, elbow and wrist pads, snowboards, wakeboards and toy scooters
        
Applicant hereby adds the following class of goods/services to the application:
New:
Class 012 for Bicycles; motorized and non-motorized scooters
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)).
        
Fees
Additional fee(s) in the amount of $325 is being submitted.
        
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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 or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §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. §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: /Alan Blum/      Date: 06/30/2005
Signatory's Name: Alan Blum
Signatory's Position: Attorney for Applicant
        
Response Signature
        
Signature: /Alan Blum/     Date: 06/30/2005
Signatory's Name: Alan Blum
Signatory's Position: Attorney for Applicant
        
        
        
RAM Sale Number: 256
RAM Accounting Date: 07/01/2005
        
Serial Number: 78350025
Internet Transmission Date: Thu Jun 30 16:04:41 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXXX-20050630160441137207
-78350025-20078c7c523d898bc11e39352ae1db
eb81DA256-20050630160329545256



Response to Office Action [image/jpeg]


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