PR-Teas-Response to Post Reg Office Act

PTO- 2302

Approved for use through 10/31/2021. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 2302

Approved for use through 10/31/2021. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response To Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

Registration no. 4578745 SWIMWAYS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8600444 1/large) has been amended as follows: RESPONSE TYPE Response to Office Action for Combined Declaration of Use and Incontestability under Sections 8 & 15.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Registrant, by its undersigned attorney, hereby submits a correction of the name in the filing of record. While the owner identified in the Sections 8 & 15 Combined Declaration of Use and Incontestability submitted on August 4, 2020 was identified as Spin Master, Inc., a corporation of New York, the inclusion of "New York" was a clerical error. The merger document executed on July 1, 2020 and recorded on August 7, 2020 correctly identifies the owner as Spin Master, Inc., a corporation of Delaware. Lastly, Registrant, by its undersigned attorney, confirms that the Sections 8 & 15 Combined Declaration of Use and Incontestability was signed by a person properly authorized to sign on behalf of the owner.


OWNER/HOLDER AND/OR ENTITY INFORMATION

The owner/holder proposes to amend the following:

Current: SPIN MASTER, INC., a corporation of Delaware, having an address of
      300 INTERNATIONAL DRIVE
      SUITE 100 PMB #10053
      WILLIAMSVILLE, New York 14221
      United States

Proposed: SPIN MASTER, INC., a corporation of Delaware, having an address of
      300 INTERNATIONAL DRIVE
      SUITE 100 PMB #10053
      WILLIAMSVILLE, New York 14221
      United States
      Email Address: XXXX
Correspondence Information (current):
      Jason M. Drangel
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@ipcounselors.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

      The docket/reference number is 4629-547.
Correspondence Information (proposed):
      Jason M. Drangel
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@ipcounselors.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

      The docket/reference number is 4629-547.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

Declaration


To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.


The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.


SIGNATURE(S)

Signature: /Kimberly A. Klibert/      Date: 01/28/2021
Signatory's Name: Kimberly A. Klibert
Signatory's Position: Attorney of Record, New York State Bar
Signatory's Phone Number: 212-292-5390
Signature method: Signed directly within the form

Signature: /Kimberly A. Klibert/     Date: 01/28/2021
Signatory's Name: Kimberly A. Klibert
Signatory's Position: Attorney of Record, New York State Bar

Signatory's Phone Number: 212-292-5390 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Jason M. Drangel
   Epstein Drangel LLP
   
   60 East 42nd Street, Suite 2520
   New York, New York 10165
Mailing Address:    Jason M. Drangel
   Epstein Drangel LLP
   60 East 42nd Street, Suite 2520
   New York, New York 10165
        
PAYMENT: 4578745
PAYMENT DATE: 01/28/2021
        
Serial Number: 86004441
Internet Transmission Date: Thu Jan 28 10:24:29 ET 2021
TEAS Stamp: USPTO/TRS-XX.XXX.XX.XX-20210128102429513
821-4578745-7609b5284a537c6c792b5810c7b7
f046052197b9bad4cb3c5a6eaff883e0a151-CC-
24263202-20210128102139547819