Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86463420

Filing Date: 11/24/2014

To the Commissioner for Trademarks:

MARK: KINETIC (Standard Characters, see mark)
The literal element of the mark consists of KINETIC.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Spin Master Ltd., a corporation of Canada, having an address of
      450 Front Street West
      Toronto, Ontario M5V1B6
      Canada


requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class _______: Modeling materials and compounds for use by children; toys, games and playthings; play sand; sand toys; toy sand sculpting tools; toy sand moulding tools; toy sand boxes; sand box toys; free-flowing play gel; toy gel sold in a container; viscous substances used for amusement; compressible play balls; sports balls; squeeze toys; toy putty; toy putty sculpting tools; toy putty moulding tools; novelty items, namely a dispenser of stream material; novelty items, namely a dispenser of foam material; spray can propellants; toy and novelty item in the nature of a dispenser of stream materials and viscous compounds; moulding and sculpting materials and products, namely granular, mouldable substances that can be moulded, sculpted and formed into any shape; arts and crafts kits; children's multiple activity toys; children's educational toys for developing fine motor skills; toy building sets; educational toys; action skill games; construction toys; water toys; molded plastic toy figurines and action figures
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Canada application number 1703345, filed 11/19/2014. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current Correspondence Information:

Katy Davis

Spin Master Ltd.

450 Front Street West

Toronto, Ontario M5V1B6, Canada

416 364 6002 ext. 2531(phone)

416 364 6289(fax)

katyd@spinmaster.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, 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.

Declaration Signature

Signature: /Katy Davis/   Date: 11/24/2014
Signatory's Name: Katy Davis
Signatory's Position: Director of Trademarks
RAM Sale Number: 86463420
RAM Accounting Date: 11/25/2014

Serial Number: 86463420
Internet Transmission Date: Mon Nov 24 17:08:53 EST 2014
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201411241708531
72553-86463420-50096c1393c9c8dfc8e244d68
bbe9b51ebc7f5c3dbe9da71869f6d598dfe28bd6
d-DA-7186-20141124170428560350