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. 86114180 TRACER(Standard Characters, see http://uspto.report/TM/86114180/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments and Exhibits showing that Applicant's Mark is not likely to cause confusion and is not merely descriptive has been attached.
Original PDF file:
evi_1-728721318-131827598_._Fuhu_-_TRACER_Trademark_-_ROA.pdf
Converted PDF file(s) ( 19 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Original PDF file:
evi_728721318-131827598_._Exhibit_A_-_Tracer_Def.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_B_-_Alert_Def.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_728721318-131827598_._Exhibit_C_-_Pro_Professional_Def.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_D_-_Info_Information_Def.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_728721318-131827598_._Exhibit_E_-_TRACER_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_F_-_Cited_Marks.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Original PDF file:
evi_728721318-131827598_._Exhibit_G_-_Lucky.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_H_-_Lucky_13.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_I_-_Groove_Co_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_J_-_Groove_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_K_-_Home_Depot_Express_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_L_-_Depot_Express_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_M_-_Vex_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_N_-_Invex_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_O_-_Hi-Vex_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_P_-_Sol-Vex_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_728721318-131827598_._Exhibit_Q_-_HITRACER_TESS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Printed matter for use in connection with handheld mobile digital electronic devices, namely, paper, notebooks, and notepads, all for use with computers and handheld mobile digital electronic devices, namely, tablet computers, and all of the aforementioned in the field of a wide variety of topics and subjects; Pens; Figures made of paper; Writing Paper; Printing Paper; Paper stock; Paper stationary; Craft paper; Children's arts and crafts paper kits
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: Printed matter for use in connection with handheld mobile digital electronic devices, namely, paper, notebooks, and notepads, all for use with computers and handheld mobile digital electronic devices, namely, tablet computers, and all of the aforementioned in the field of a wide variety of topics and subjects; Paper, paper notebooks, and paper notepads, for use in connection with handheld mobile digital electronic devices; Pens; Figures made of paper; Writing Paper; Printing Paper; Paper stock; Paper stationery; Paper stationary; Craft paper; Children's arts and crafts paper kitsClass 016 for Paper, paper notebooks, and paper notepads, for use in connection with handheld mobile digital electronic devices; Figures made of paper; Writing Paper; Printing Paper; Paper stock; Paper stationery; Craft paper; Children's arts and crafts paper kits
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, an ongoing series in the nature of children's entertainment, provided via a global computer network; Entertainment services in the nature of ongoing television programs in the field of children's entertainment; Entertainment services in the nature of creation, development, and production of television programs in the field of children's entertainment; Entertainment services in the nature of an on-going television series featuring animation, live action, music, comedy and drama; Entertainment services, namely, production, distribution and rental of motion picture films featuring animation, live action, music, comedy and drama
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: Entertainment services, namely, an ongoing series in the nature of children's entertainment, provided via a global computer network; Entertainment services, namely, an ongoing series in the nature of television programs, non-downloadable electronic books, computer games, and webcast programs, featuring children's entertainment, provided via a global computer network; Entertainment services in the nature of ongoing television programs in the field of children's entertainment; Entertainment services in the nature of creation, development, and production of television programs in the field of children's entertainment; Entertainment services in the nature of an on-going television series featuring animation, live action, music, comedy and drama; Entertainment services, namely, production, distribution and rental of motion picture films featuring animation, live action, music, comedy and dramaClass 041 for Entertainment services, namely, an ongoing series in the nature of television programs, non-downloadable electronic books, computer games, and webcast programs, featuring children's entertainment, provided via a global computer network; Entertainment services in the nature of ongoing television programs in the field of children's entertainment; Entertainment services in the nature of creation, development, and production of television programs in the field of children's entertainment; Entertainment services in the nature of an on-going television series featuring animation, live action, music, comedy and drama; Entertainment services, namely, production, distribution and rental of motion picture films featuring animation, live action, music, comedy and drama
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: /Michael Shokrian/     Date: 08/12/2014
Signatory's Name: Michael Shokrian
Signatory's Position: Attorney of Record, California State Bar Member

Signatory's Phone Number: 8183803069

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: 86114180
Internet Transmission Date: Tue Aug 12 14:42:03 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20140812144203554
127-86114180-500cd46154fc97eb275d61f0b6a
7eb395399cea9ff3fe2a6c1d79529af393154-N/
A-N/A-20140812131827598480