TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87321120

Filing Date: 02/01/2017

To the Commissioner for Trademarks:

MARK: HATCHIMALS (Standard Characters, see mark)
The literal element of the mark consists of HATCHIMALS.
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
      121 Bloor Street East
      Toronto, Ontario M4W3M5
      Canada
      416 364 6002(phone)
      416 364 6289(fax)
      XXXX

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 009:  Computer software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organizing text, graphics, images, audio files, video files, electronic games and electronic publications; computer software for use in searching, reviewing, purchasing and downloading electronic games and electronic publications; computer game software; computer software applications for use in downloading, playing and reviewing audio, text and other digital content in the field of children's entertainment; computer software applications featuring skill and action games; computer games and on-line computer games; pre-recorded audio and visual videos, CDs, tapes and DVDs featuring fictional characters and activities for children, movies, television programs, books, music and instructions for use of toys
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1801224, filed 09/20/2016.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on §44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 009:  Goggles for sports; ski goggles; snow goggles; swimming goggles; eyeglasses; sunglasses; cases for eyeglasses and sunglasses
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 016:  Paper, cardboard and goods made from these materials, namely, paper goodie bags, cardboard boxes, notebooks, sketchbooks, drawing paper, craft paper, wrapping paper and decorative paper; printed matter, namely, photographs, calendars, diaries, books, comic books, colouring books and sticker books; photographs; stationery, namely crayons, erasers, pens, pencils, staples, staplers, chalks, felt pens, ball-point pens, fountain pens, artist's paint, felt tip markers, highlighting markers, glue for stationery purposes, stencils, paint brushes, drawing templates, correction fluids, rulers, stationery binders, file folders, birthday cards, envelopes, invitations, stationery labels, stationery personal organizers, postcards, document holders, inking pads, stickers, adhesive tapes, adhesive tape dispensers for stationery use, rubber stamps, desk stands for pens and pencils, pencil cases, stickers and decals; books and publications, namely, books, magazines and comic books featuring children's characters; stickers and sticker books; sketch books; arts and crafts kits
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1801224, filed 09/20/2016.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on §44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 018:  Umbrellas; luggage tags; tote bags; carry-all bags; lunch bags of nylon and canvas; backpacks; rucksacks; school bags; fanny packs; messenger bags; handbags; wallets and purses; athletic bags; travel bags; knapsacks; change purses; duffle bags; beach bags
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 025:  Clothing; footwear; headgear
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

The applicant's current Correspondence Information:

Katy Davis

Spin Master Ltd.

121 Bloor Street East

Toronto, Ontario M4W3M5, Canada

416 364 6002 ext. 2531(phone)

416 364 6289(fax)

katyd@spinmaster.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1100 has been submitted with the application, representing payment for 4 class(es).

Declaration

	If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and The facts set forth in the application are true. If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and The facts set forth in the application are true.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have 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 persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Katy Davis/   Date: 02/01/2017
Signatory's Name: Katy Davis
Signatory's Position: Director of Trademarks
Payment Sale Number: 87321120
Payment Accounting Date: 02/02/2017

Serial Number: 87321120
Internet Transmission Date: Wed Feb 01 16:49:48 EST 2017
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201702011649485
76885-87321120-580132a4c817b6bedb706aee6
8b313260fd438952db6ee60c023b17a935892c0-
DA-3422-20170201162803706236