Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85264023 ICE AGE CONTINENTAL DRIFT(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85264023) 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 020 for Furniture, mirrors, picture frames; goods made of wood, plastic, latex and polyurethane foam
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Furniture, mirrors, picture frames; Polyurethane form cushions; goods made of wood, plastic, latex and polyurethane foam; plastic drinking straws; figurines and statuettes made of plaster, plastic, wax or wood; plastic or wooden flagpoles; furniture; gift package decorations made of plastic; plastic fans for personal use; plastic key chains and plastic key chain tags; plastic name badges; mattresses in the name of furniture; mirrors; party ornaments of plastic; picture frames; polyurethane foam pillows; plastic flags; plastic cake decorations; plastic boxes; plastic novelty license plates; plastic pennants; sleeping bags consisting polyurethane foam; plastic primarily of wind chimes; plastic or wooden window blinds; furniture, namely, toy boxes and chests; plastic or wooden book rests and book stands; novelty items in the nature of life-size three-dimensional replicas of motion picture film and television program characters, made of plastic, latex and polyurethane foamClass 020 for Polyurethane form cushions; plastic drinking straws; figurines and statuettes made of plaster, plastic, wax or wood; plastic or wooden flagpoles; furniture; gift package decorations made of plastic; plastic fans for personal use; plastic key chains and plastic key chain tags; plastic name badges; mattresses in the name of furniture; mirrors; party ornaments of plastic; picture frames; polyurethane foam pillows; plastic flags; plastic cake decorations; plastic boxes; plastic novelty license plates; plastic pennants; sleeping bags consisting polyurethane foam; plastic primarily of wind chimes; plastic or wooden window blinds; furniture, namely, toy boxes and chests; plastic or wooden book rests and book stands; novelty items in the nature of life-size three-dimensional replicas of motion picture film and television program characters, made of plastic, latex and polyurethane foam
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /jeremy kaufman/     Date: 12/09/2011
Signatory's Name: Jeremy Kaufman
Signatory's Position: Attorney for Applicant (CA Bar Member)

Signatory's Phone Number: (310) 369-7630

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: 85264023
Internet Transmission Date: Fri Dec 09 14:48:05 EST 2011
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201112091448054
59463-85264023-49065d29ee0de3ac122ad5bf7
7c22f5cfd-N/A-N/A-20111209133519298488