Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87062997 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/87062997/mark.png |
LITERAL ELEMENT |
24 |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a silhouette of a hockey player with a hockey stick and the number '24' on the hockey player's jersey, inside a circle
comprised of a smile design on the bottom and five sun rays on the top. |
ARGUMENT(S) |
In response to the Examining Attorney's Office Action, Applicant restates the description of its mark to delete the words "supply" and "provide".
Applicant also restates the description of its mark to add the words "and puck". Applicant further clarifies that at this time, it claims only an intent-to-use filing basis and a claim of priority
under Section 44(d) based on foreign applications, not Section 44(e). Applicant requests that the application be suspended until issuance of the foreign applications. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
037 |
DESCRIPTION |
Construction of indoor and outdoor activity areas for children; supply, install, build and provide activity areas, playgrounds, and
recreational facilities in hospitals, treatment centers, development centers, and clinics |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1772402 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/15/2016 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
037 |
TRACKED TEXT DESCRIPTION |
Construction of indoor and outdoor activity areas for children; supply,
install, build and provide activity areas, playgrounds, and recreational facilities in hospitals, treatment centers, development centers, and clinics; install
and build activity areas, playgrounds, and recreational facilities in hospitals, treatment centers, development centers, and clinics |
FINAL DESCRIPTION |
Construction of indoor and outdoor activity areas for children; install and build activity areas, playgrounds, and recreational
facilities in hospitals, treatment centers, development centers, and clinics |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1772402 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/15/2016 |
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. |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a silhouette of a hockey player with a hockey stick and puck and the number '24' on the hockey player's jersey, inside a
circle comprised of a smile design on the bottom and five sun rays on the top. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Kenneth E. Liu/ |
SIGNATORY'S NAME |
Kenneth E. Liu |
SIGNATORY'S POSITION |
Attorney of record, Virginia bar member |
SIGNATORY'S PHONE NUMBER |
7037615008 |
DATE SIGNED |
02/06/2017 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Feb 06 16:00:28 EST 2017 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20170206160028060322-8706
2997-580dc43e0fbbb143e372
925b8d6916cc9f725a4ae0557
c39fcc056df359c1db1-N/A-N
/A-20170206155546999004 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87062997 24 (Stylized and/or with Design, see http://uspto.report/TM/87062997/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In response to the Examining Attorney's Office Action, Applicant restates the description of its mark to delete the words "supply" and "provide". Applicant also restates the description of its mark
to add the words "and puck". Applicant further clarifies that at this time, it claims only an intent-to-use filing basis and a claim of priority under Section 44(d) based on foreign applications, not
Section 44(e). Applicant requests that the application be suspended until issuance of the foreign applications.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Construction of indoor and outdoor activity areas for children; supply, install, build and provide activity areas, playgrounds, and recreational facilities in hospitals,
treatment centers, development centers, and clinics
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1772402 filed 03/15/2016]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Construction of indoor and outdoor activity areas for children;
supply, install, build and provide activity
areas, playgrounds, and recreational facilities in hospitals, treatment centers, development centers, and clinics;
install and build activity areas, playgrounds,
and recreational facilities in hospitals, treatment centers, development centers, and clinicsClass 037 for Construction of indoor and outdoor activity areas for children; install and build
activity areas, playgrounds, and recreational facilities in hospitals, treatment centers, development centers, and clinics
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1772402 filed 03/15/2016]. 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.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of a silhouette of a hockey player with a hockey stick and puck and the number '24' on the hockey player's jersey, inside a circle comprised of a smile design on the bottom and five
sun rays on the top.
SIGNATURE(S)
Response Signature
Signature: /Kenneth E. Liu/ Date: 02/06/2017
Signatory's Name: Kenneth E. Liu
Signatory's Position: Attorney of record, Virginia bar member
Signatory's Phone Number: 7037615008
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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder'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: 87062997
Internet Transmission Date: Mon Feb 06 16:00:28 EST 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201702061600280
60322-87062997-580dc43e0fbbb143e372925b8
d6916cc9f725a4ae0557c39fcc056df359c1db1-
N/A-N/A-20170206155546999004