PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86004455
LAW OFFICE ASSIGNEDLAW OFFICE 117
MARK SECTION (current)
MARK FILE NAME http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=86004455
LITERAL ELEMENT SWIMWAYS
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)		The color(s) blue and white is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of a blue oval within which appears another, modified blue oval containing the stylized text "Swimways" in white lettering.
MARK SECTION (proposed)
MARK FILE NAME\\TICRS\EXPORT16\IMAGEOUT 16\860\044\86004455\xml6\ ROA0002.JPG
LITERAL ELEMENT SWIMWAYS
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK YES
COLOR(S) CLAIMED
(If applicable)		The color(s) blue and white is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of a blue oval within which appears another, modified blue oval containing the stylized text "Swimways" in white lettering.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 940 x 437
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS028
DESCRIPTION
water activity toys and games, swim floats for recreational use, backyard water games and floating pool decorations
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/31/2011
        FIRST USE IN COMMERCE DATE At least as early as 01/31/2011
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS028
TRACKED TEXT DESCRIPTION
water activity toys and games, swim floats for recreational use, backyard water games and floating pool decorations; water activity toys and games, namely, balls, dive sticks, dive rings, dive games featuring balls, wands, planes, sprinklers, and battery operated toys in the shape of sea animals, radio controlled and remote controlled toys in the shape of sea animals, water basketball and volleyball games; swim floats for recreational use; backyard water games, namely, water slides and sprinkler toys; floating pool decorations, namely floating pool lights
FINAL DESCRIPTION
water activity toys and games, namely, balls, dive sticks, dive rings, dive games featuring balls, wands, planes, sprinklers, and battery operated toys in the shape of sea animals, radio controlled and remote controlled toys in the shape of sea animals, water basketball and volleyball games; swim floats for recreational use; backyard water games, namely, water slides and sprinkler toys; floating pool decorations, namely floating pool lights
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/31/2011
       FIRST USE IN COMMERCE DATE At least as early as 01/31/2011
SIGNATURE SECTION
RESPONSE SIGNATURE /angelatisabell/
SIGNATORY'S NAME Angela T Isabell
SIGNATORY'S POSITION Attorney of Record, Virginia Bar Member
SIGNATORY'S PHONE NUMBER 804-658-1354
DATE SIGNED 03/06/2014
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Mar 06 10:37:02 EST 2014
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0140306103702500564-86004
455-500be1f416c4cf3221428
8554ea1cc2cb8e8d279df5e1d
42efd0994b3e62e9e61-N/A-N
/A-20140306102519168541


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. 86004455 SWIMWAYS (Stylized and/or with Design, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=86004455) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: SWIMWAYS (Stylized and/or with Design, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=86004455)
Proposed: SWIMWAYS (Stylized and/or with Design, see mark)
The color(s) blue and white is/are claimed as a feature of the mark.
The mark consists of a blue oval within which appears another, modified blue oval containing the stylized text "Swimways" in white lettering.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for water activity toys and games, swim floats for recreational use, backyard water games and floating pool decorations
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 01/31/2011 and first used in commerce at least as early as 01/31/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: water activity toys and games, swim floats for recreational use, backyard water games and floating pool decorations; water activity toys and games, namely, balls, dive sticks, dive rings, dive games featuring balls, wands, planes, sprinklers, and battery operated toys in the shape of sea animals, radio controlled and remote controlled toys in the shape of sea animals, water basketball and volleyball games; swim floats for recreational use; backyard water games, namely, water slides and sprinkler toys; floating pool decorations, namely floating pool lights

Class 028 for water activity toys and games, namely, balls, dive sticks, dive rings, dive games featuring balls, wands, planes, sprinklers, and battery operated toys in the shape of sea animals, radio controlled and remote controlled toys in the shape of sea animals, water basketball and volleyball games; swim floats for recreational use; backyard water games, namely, water slides and sprinkler toys; floating pool decorations, namely floating pool lights
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 01/31/2011 and first used in commerce at least as early as 01/31/2011 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /angelatisabell/     Date: 03/06/2014
Signatory's Name: Angela T Isabell
Signatory's Position: Attorney of Record, Virginia Bar Member

Signatory's Phone Number: 804-658-1354

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: 86004455
Internet Transmission Date: Thu Mar 06 10:37:02 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2014030610370250
0564-86004455-500be1f416c4cf32214288554e
a1cc2cb8e8d279df5e1d42efd0994b3e62e9e61-
N/A-N/A-20140306102519168541