Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 86124079 FUNNYBONE MUSE(Standard Characters, see http://uspto.report/TM/86124079/mark.png) has been amended as follows:

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

Applicant filed a Response to Office Action on September 3, 2014 at 9:18 p.m. In reviewing the receipt for the Response to Office Action, Applicant realized that "stationary" had inadvertently been deleted from the description of services for Class 16. Applicant is filing this additional response to Office Action to correct the amended description of goods for Class 16. The addition of class 21 and the claim of prior registration in the Response filed on September 3 should be kept as part of the Response to Office Action.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for printed materials; stationery; address books, agendas, albums, binders, blank journals, book marks, memo pads, note cards, note paper, stickers, writing utensils, wrapping paper, ink stamps, marking stamps and rubber stamps; figurines made of paper; purses, all-purpose sports bags, all-purpose carrying bags, backpacks, carryalls; figurines made of china, crystal, earthenware, fiberglass, glass, porcelain, terra cotta
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 materials; stationery; address books, agendas, albums, binders, blank journals, book marks, memo pads, note cards, note paper, stickers, writing utensils, wrapping paper, ink stamps, marking stamps and rubber stamps; figurines made of paper; purses, all-purpose sports bags, all-purpose carrying bags, backpacks, carryalls; figurines made of china, crystal, earthenware, fiberglass, glass, porcelain, terra cottaClass 016 for stationery; address books, agendas, albums, binders, blank journals, book marks, memo pads, note cards, note paper, stickers, writing utensils, wrapping paper, ink stamps, marking stamps and rubber stamps; figurines made of 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: /Liza Meyers/     Date: 09/04/2014
Signatory's Name: Liza Meyers
Signatory's Position: Attorney of record, Colorado bar member

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: 86124079
Internet Transmission Date: Thu Sep 04 17:50:05 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20140904175005241
436-86124079-50041696ce945f9df158372ee4e
d132ab2b9196f89cced07bb639af98a3f19-N/A-
N/A-20140904161332910941