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. 86029286 FAB (Stylized and/or with Design, see http://uspto.report/TM/86029286/mark.png) 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 016 for Art made of paper; 3D decals for use on any surface; A series of books and written articles in the field of art, entertainment, decor, history, people, places, fashion; Address books; Address books and diaries; Address labels; Address plates; Address stamps; Addressing machines; Adhesive labels; Adhesive materials for office use; Adhesive notepads; Adhesive tape dispensers for household or stationery use; Adhesives for stationery or household purposes; Agendas; Airbrush make-up stencils; Albums for stickers; Albums for art, entertainment, decor, history, people, places, fashion; Announcement cards; Appointment books; Art and photograph portfolio cases; Art etchings; Art paper; Art pictures; Art prints; Art prints on canvas; Artists' brushes; Artists' pastels; Artists' pencils; Artists' pens; Artists' watercolor saucers; Arts and craft clay kits; Atlases; Autograph books; Baby books; Bags for microwave cooking; Ballpoint pens; Bathroom tissue; Binder clips; Binders; Birthday books; Blackboard erasers; Blackboards; Blank cards; Blank journals; Blank note cards; Blank paper notebooks; Blank writing journals; Blotters; Blotting paper; Book covers; Book holders; Book marks; Book-cover paper; Bookends; Books in the field of art, entertainment, decor, history, people, places, fashion; Bottle wrappers of cardboard or paper; Boxes of cardboard or paper; Boxes, cartons, storage containers, and packaging containers made of paper or cardboard; Brag books; Bubble pens; Bumper stickers; Calendar desk pads; Calendar refills; Calendars; Calendars and diaries; Calligraphy ink; Calligraphy paper; Canvas for painting; Canvas for printing; Canvas panels for artists; Card files; Cardboard boxes; Cardboard containers; Cardboard hang tags; Cards bearing universal greetings; Caricatures; Carrying cases made of paper; Cartoon prints; Cartoon strips; Cases specially adapted for holding and carrying books; Cat box liners in the form of plastic bags; Chalk; Chalk and chalkboards; Chalk boards for school and home use; Chalk sticks; Charcoal pencils; Charts for displaying data about human height; Checkbook and passbook wallets; Checkbook covers; Children's activity books; Children's books; Children's interactive educational books; Children's storybooks; Children's wall stickers and murals; Children's arts and crafts paper kits; Children's books and Christmas tree ornaments sold as a unit; Christmas cards; Clip boards; Coasters of paper; Coffee table books featuring art, entertainment, decor, history, people, places, fashion; Color pencils; Color prints; Colored craft and art sand; Coloring books; Comic books; Comics; Construction paper; Cook books; Cookbook holders; Corkboard pins; Correspondence cards; Correspondence holders; Cosmetic pencil sharpeners; Coupon books; Covers of paper for flower pots; Craft glue for stationery or household purposes; Craft paper; Crayons; Crepe paper; Crossword puzzles; Day planners; Decals; Decorations for pencils; Decorative stickers for helmets; Decorators' paintbrushes; Desk baskets for desk accessories; Desk blotters; Desk calendars; Desk file trays; Desk pads; Desk sets; Desktop stationery cabinets; Diaries; Disposable napkins; Document covers; Document file racks; Document file trays; Drawing ink; Drawing instruments; Drawing pads; Drawing paper; Drawing pencils; Drawings; Driver's license holders; Dry erase markers; Dry erase writing boards and writing surfaces; Easel pads; Easels; Electric pencil sharpeners; Electric staplers for offices; Electronic typewriters; Engagement books; Envelopes; Eraser dusting brushes; Erasers; Event albums; Exercise books; Eyebrow stencils; Fabric gift bags; Face towels of paper; Facial tissue; Felt pens; Felt tip markers; Felt writing pens; Figures made of paper; File cards; File folders; File trays; Filler paper; Fingerprint kits; Flash cards; Flip books; Flip chart cases; Folders; Fountain pen ink cartridges; Fountain pens; Framed and matted art pictures featuring calligraphy, pressed flowers and/or images of pressed flowers; Framed art etchings; Framed art pictures; Framed art prints; Framed graphic art reproductions; Framed paintings; General feature magazines; Geographical maps; Gift bags; Glitter; Gift boxes; Gift wrapping paper; Glitter glue for stationery purposes; Globes; Glue for stationery or household purposes; Graph paper; Graphic art prints; Graphic art reproductions; Graphic fine art prints; Graphic novels; Graphic prints and representations; Greeting cards; Greetings cards and postcards; Guest books; Halloween goodie bags of paper or plastic; Hand-held labeling devices; Hat boxes of cardboard; Highlighter pens; Highlighting markers; Holders for adhesive tapes; Holders for desk accessories; Holiday cards; Index cards; Ink pens; Ink stamps; Inkwells; Japanese ceremonial paper strings (mizuhiki); Japanese handicraft paper; Japanese paper; Lap boards for reading and writing; Lap desks; Leather appointment book covers; Leather book covers; Letter openers; Lunch bags; Maps; Memory books; Modeling clay; Modeling paste; Molds for modeling clays; Money clips; Mounted and unmounted photographs; Mounted posters; Mounts for stamps; Murals; Non-fiction books on a variety of topics; Note books; Note cards; Note paper; Notebook dividers; Notebook paper; Notebooks; Notepads; Novels; Office hole punchers; Office labeling machines; Paint rollers; Paint stirrers; Paint trays; Paintbrushes; Paintings; Paintings and calligraphic works; Paintings and their reproductions; Paintings in mixed media; Palettes for painting; Paper; Paper baby bibs; Paper bags; Paper bows for gift wrap; Paper cake decorations; Paper clip holders; Paper clips; Paper cocktail umbrellas; Paper cutters; Paper display boxes; Paper doilies; Paper filters for coffee makers; Paper folders; Paper for Japanese sliding screens (shoji-gami); Paper gift bags; Paper gift bags for wine; Paper gift tags; Paper gift wrap; Paper hang tags; Paper mache; Paper mache figurines; Paper mats; Paper party decorations; Paper party favors; Paper stationery; Paper stock; Paper table cloths; Paper tissues for cosmetic use; Paper towels; Paperweights; Parchment paper; Party ornaments of paper; Passport cases; Passport covers; Passport holders; Pastel crayons; Pastels; Pen and pencil cases; Pen and pencil holders; Pen and pencil trays; Pen clips; Pen holders; Pencil boxes; Pencil cases; Pencil or pen boxes; Pencil sharpeners; Pencil sharpening machines; Pencils; Pens; Photo storage boxes; Photograph corners; Photograph mounts; Photograph stands; Photographic albums; Pictures; Plastic gift wrap; Portable desks; Postcards; Poster board; Posters; Presentation folders; Print engravings; Printed calendars; Prints; Push pins; Rice paper; Rubber stamps; Scented drawer liners; Scrapbook albums; Scrapbook pages; Sealing stamps; Sealing wax; Seals; Sketch books; Sketch pads; Sketches; Stamp cases; Stamp inks; Stamp pad inks; Staple removers; Stapler holders; Staples; Stationery; Stationery boxes; Stationery cases; Stationery folders; Stencil cases; Stencil paper; Stencil paper; Stencil plates; Stenciling machines; Stencils; Stencils for decorating; Stickers; Tarot cards; Temporary tattoos; Textile wine gift bags; Thumbtacks; Tissue paper; Toilet paper; Toilet tissue; Tracing paper; Unmounted posters; Wall calendars; Wedding albums; Wedding books; Works of art made of paper; Wrapping paper; Writing journal sheets; Writing paper; Xuan paper for Chinese painting and calligraphy
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: Art made of paper; 3D decals for use on any surface; A series of books and written articles in the field of art, entertainment, decor, history, people, places, fashion; Address books; Address books and diaries; Address labels; Address plates; Address stamps; Addressing machines; Adhesive labels; Adhesive materials for office use; Adhesive notepads; Adhesive tape dispensers for household or stationery use; Adhesives for stationery or household purposes; Agendas; Albums for featuring art, entertainment, decor, history, people, places and fashion; Airbrush make-up stencils; Announcement cards; Albums for stickers; Appointment books; Albums for art, entertainment, decor, history, people, places, fashion; Art and photograph portfolio cases; Books in the field of art, entertainment, decor, history, people, places, fashion; Boxes, cartons, storage containers, and packaging containers made of paper or cardboard; Calendar desk pads; Art etchings; Calendar refills; Art paper; Calendars; Art pictures; Calendars and diaries; Art prints; Chalk and chalkboards; Art prints on canvas; Chalk boards for school and home use; Artists' brushes; Chalk sticks; Artists' pastels; Charcoal pencils; Artists' pencils; Children's wall stickers and murals; Artists' pens; Children's arts and crafts paper kits; Artists' watercolor saucers; Coasters of paper; Arts and craft clay kits; Coffee table books featuring art, entertainment, decor, history, people, places, fashion; Atlases; Day planners; Autograph books; Decals; Baby books; Desk calendars; Bags for microwave cooking; Desk file trays; Ballpoint pens; Desk pads; Bathroom tissue; Desk sets; Binder clips; Desktop stationery cabinets; Binders; Diaries; Birthday books; Document file racks; Blackboard erasers; Document file trays; Blackboards; Dry erase markers; Blank cards; Dry erase writing boards and writing surfaces; Blank journals; Easel pads; Blank note cards; Easels; Blank paper notebooks; Fabric gift bags; Blank writing journals; Framed art etchings; Blotters; Framed art pictures; Blotting paper; Framed art prints; Book covers; Framed graphic art reproductions; Book holders; Framed paintings; Book marks; Globes; Book-cover paper; Graphic art prints; Bookends; Graphic art reproductions; Graphic fine art prints; Bottle wrappers of cardboard or paper; Graphic novels; Boxes of cardboard or paper; Graphic prints and representations; Greeting cards; Brag books; Greetings cards and postcards; Bubble pens; Guest books; Bumper stickers; Paintings; Paintings and their reproductions; Paintings in mixed media; Paper stationery; Pencil boxes; Calligraphy ink; Pencil cases; Calligraphy paper; Pencil or pen boxes; Canvas for painting; Photo storage boxes; Canvas for printing; Printed calendars; Canvas panels for artists; Prints; Card files; Stationery; Cardboard boxes; Stationery boxes; Cardboard containers; Stationery cases; Cardboard hang tags; Stationery folders; Cards bearing universal greetings; Unmounted posters; Caricatures; Wall calendars; Carrying cases made of paper; Works of art made of paper; Cartoon prints; Wrapping paper.; Cartoon strips; Cases specially adapted for holding and carrying books; Cat box liners in the form of plastic bags; Chalk; Charts for displaying data about human height; Checkbook and passbook wallets; Checkbook covers; Children's activity books; Children's books; Children's interactive educational books; Children's storybooks; Children's books and Christmas tree ornaments sold as a unit; Christmas cards; Clip boards; Color pencils; Color prints; Colored craft and art sand; Coloring books; Comic books; Comics; Construction paper; Cook books; Cookbook holders; Corkboard pins; Correspondence cards; Correspondence holders; Cosmetic pencil sharpeners; Coupon books; Covers of paper for flower pots; Craft glue for stationery or household purposes; Craft paper; Crayons; Crepe paper; Crossword puzzles; Decorations for pencils; Decorative stickers for helmets; Decorators' paintbrushes; Desk baskets for desk accessories; Desk blotters; Disposable napkins; Document covers; Drawing ink; Drawing instruments; Drawing pads; Drawing paper; Drawing pencils; Drawings; Driver's license holders; Electric pencil sharpeners; Electric staplers for offices; Electronic typewriters; Engagement books; Envelopes; Eraser dusting brushes; Erasers; Event albums; Exercise books; Eyebrow stencils; Face towels of paper; Facial tissue; Felt pens; Felt tip markers; Felt writing pens; Figures made of paper; File cards; File folders; File trays; Filler paper; Fingerprint kits; Flash cards; Flip books; Flip chart cases; Folders; Fountain pen ink cartridges; Fountain pens; Framed and matted art pictures featuring calligraphy, pressed flowers and/or images of pressed flowers; General feature magazines; Geographical maps; Gift bags; Glitter; Gift boxes; Gift wrapping paper; Glitter glue for stationery purposes; Glue for stationery or household purposes; Graph paper; Halloween goodie bags of paper or plastic; Hand-held labeling devices; Hat boxes of cardboard; Highlighter pens; Highlighting markers; Holders for adhesive tapes; Holders for desk accessories; Holiday cards; Index cards; Ink pens; Ink stamps; Inkwells; Japanese ceremonial paper strings (mizuhiki); Japanese handicraft paper; Japanese paper; Lap boards for reading and writing; Lap desks; Leather appointment book covers; Leather book covers; Letter openers; Lunch bags; Maps; Memory books; Modeling clay; Modeling paste; Molds for modeling clays; Money clips; Mounted and unmounted photographs; Mounted posters; Mounts for stamps; Murals; Non-fiction books on a variety of topics; Note books; Note cards; Note paper; Notebook dividers; Notebook paper; Notebooks; Notepads; Novels; Office hole punchers; Office labeling machines; Paint rollers; Paint stirrers; Paint trays; Paintbrushes; Paintings and calligraphic works; Palettes for painting; Paper; Paper baby bibs; Paper bags; Paper bows for gift wrap; Paper cake decorations; Paper clip holders; Paper clips; Paper cocktail umbrellas; Paper cutters; Paper display boxes; Paper doilies; Paper filters for coffee makers; Paper folders; Paper for Japanese sliding screens (shoji-gami); Paper gift bags; Paper gift bags for wine; Paper gift tags; Paper gift wrap; Paper hang tags; Paper mache; Paper mache figurines; Paper mats; Paper party decorations; Paper party favors; Paper stock; Paper table cloths; Paper tissues for cosmetic use; Paper towels; Paperweights; Parchment paper; Party ornaments of paper; Passport cases; Passport covers; Passport holders; Pastel crayons; Pastels; Pen and pencil cases; Pen and pencil holders; Pen and pencil trays; Pen clips; Pen holders; Pencil sharpeners; Pencil sharpening machines; Pencils; Pens; Photograph corners; Photograph mounts; Photograph stands; Photographic albums; Pictures; Plastic gift wrap; Portable desks; Postcards; Poster board; Posters; Presentation folders; Print engravings; Push pins; Rice paper; Rubber stamps; Scented drawer liners; Scrapbook albums; Scrapbook pages; Sealing stamps; Sealing wax; Seals; Sketch books; Sketch pads; Sketches; Stamp cases; Stamp inks; Stamp pad inks; Staple removers; Stapler holders; Staples; Stencil cases; Stencil paper; Stencil paper; Stencil plates; Stenciling machines; Stencils; Stencils for decorating; Stickers; Tarot cards; Temporary tattoos; Textile wine gift bags; Thumbtacks; Tissue paper; Toilet paper; Toilet tissue; Tracing paper; Wedding albums; Wedding books; Wrapping paper; Writing journal sheets; Writing paper; Xuan paper for Chinese painting and calligraphyClass 016 for Art made of paper; 3D decals for use on any surface; A series of books and written articles in the field of art, entertainment, decor, history, people, places, fashion; Address books; Address books and diaries; Address labels; Address plates; Address stamps; Addressing machines; Adhesive labels; Adhesive materials for office use; Adhesive notepads; Adhesive tape dispensers for household or stationery use; Agendas; Albums for featuring art, entertainment, decor, history, people, places and fashion; Announcement cards; Appointment books; Art and photograph portfolio cases; Books in the field of art, entertainment, decor, history, people, places, fashion; Boxes, cartons, storage containers, and packaging containers made of paper or cardboard; Calendar desk pads; Calendar refills; Calendars; Calendars and diaries; Chalk and chalkboards; Chalk boards for school and home use; Chalk sticks; Charcoal pencils; Children's wall stickers and murals; Children's arts and crafts paper kits; Coasters of paper; Coffee table books featuring art, entertainment, decor, history, people, places, fashion; Day planners; Decals; Desk calendars; Desk file trays; Desk pads; Desk sets; Desktop stationery cabinets; Diaries; Document file racks; Document file trays; Dry erase markers; Dry erase writing boards and writing surfaces; Easel pads; Easels; Fabric gift bags; Framed art etchings; Framed art pictures; Framed art prints; Framed graphic art reproductions; Framed paintings; Globes; Graphic art prints; Graphic art reproductions; Graphic fine art prints; Graphic novels; Graphic prints and representations; Greeting cards; Greetings cards and postcards; Guest books; Paintings; Paintings and their reproductions; Paintings in mixed media; Paper stationery; Pencil boxes; Pencil cases; Pencil or pen boxes; Photo storage boxes; Printed calendars; Prints; Stationery; Stationery boxes; Stationery cases; Stationery folders; Unmounted posters; Wall calendars; Works of art made of paper; Wrapping paper.
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: /Holly Pranger/     Date: 04/25/2014
Signatory's Name: Holly Pranger
Signatory's Position: Attorney of Record/CA State Bar Member

Signatory's Phone Number: 415-885-9800

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: 86029286
Internet Transmission Date: Fri Apr 25 17:28:33 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2014042517283342
2938-86029286-5008afea910ab86ad8b3d96b8d
aab3998dba4549b96eb31434a2b13331493648b-
N/A-N/A-20140425172048001985