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 1960 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER87421806
LAW OFFICE ASSIGNEDLAW OFFICE 108
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/87421806/large
LITERAL ELEMENT MIRA
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS028
DESCRIPTION
International Class 028: Board games; trackers in the nature of computer recognizable physical object having a unique electronically detectable pattern that enables augmented reality gaming equipment to generate and control particular virtual objects for augmented reality gaming experiences; cards and action figures to be used in augmented reality gaming experiences; toys for use with augmented reality experiences, namely, high contrast models, action figures, dolls, building toys, powered toys, vehicles, cars, trucks, robots, bendable toys, figurines, scenescape backgrounds, guns, warfare toys, electronic toys, technology toys, games, puzzles, plush toys; toys for use with augmented reality experiences, namely, high contrast models recognizable in a physical scene and detectable by augmented reality equipment; protective carrying cases specially adapted for headsets and accessories in the nature of lenses and controls for augmented reality games
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS028
TRACKED TEXT DESCRIPTION
International Class 028: Board games; trackers in the nature of computer recognizable physical object having a unique electronically detectable pattern that enables augmented reality gaming equipment to generate and control particular virtual objects for augmented reality gaming experiences; cards and action figures to be used in augmented reality gaming experiences; toys for use with augmented reality experiences, namely, high contrast models, action figures, dolls, building toys, powered toys, vehicles, cars, trucks, robots, bendable toys, figurines, scenescape backgrounds, guns, warfare toys, electronic toys, technology toys, games, puzzles, plush toys; toys for use with augmented reality experiences, namely, high contrast model animal, high contrast model figurine, high contrast model car, high contrast model airplane, high contrast model vehicle, action figures, dolls, building toys, powered toys, vehicles, cars, trucks, robots, bendable toys, figurines, scenescape backgrounds, guns, warfare toys, electronic learning toys, electronic action toys, board games, card games, puzzles, plush toys; toys for use with augmented reality experiences, namely, high contrast models recognizable in a physical scene and detectable by augmented reality equipment; toys for use with augmented reality experiences, namely, high contrast model animals, figurines, cars, airplanes, vehicles, action figures recognizable in a physical scene and detectable by augmented reality equipment; protective carrying cases specially adapted for headsets and accessories in the nature of lenses and controls for augmented reality games; protective carrying cases specially adapted for augmented reality headsets and accessories in the nature of lenses and controls for augmented reality games
FINAL DESCRIPTION
International Class 028: Board games; trackers in the nature of computer recognizable physical object having a unique electronically detectable pattern that enables augmented reality gaming equipment to generate and control particular virtual objects for augmented reality gaming experiences; cards and action figures to be used in augmented reality gaming experiences; toys for use with augmented reality experiences, namely, high contrast model animal, high contrast model figurine, high contrast model car, high contrast model airplane, high contrast model vehicle, action figures, dolls, building toys, powered toys, vehicles, cars, trucks, robots, bendable toys, figurines, scenescape backgrounds, guns, warfare toys, electronic learning toys, electronic action toys, board games, card games, puzzles, plush toys; toys for use with augmented reality experiences, namely, high contrast model animals, figurines, cars, airplanes, vehicles, action figures recognizable in a physical scene and detectable by augmented reality equipment; protective carrying cases specially adapted for augmented reality headsets and accessories in the nature of lenses and controls for augmented reality games
FILING BASISSection 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Kari L. Barnes/
SIGNATORY'S NAME Kari L. Barnes
SIGNATORY'S POSITION Attorney of Record, CA state bar member
SIGNATORY'S PHONE NUMBER 949-224-6436
DATE SIGNED 07/30/2018
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jul 31 01:37:57 EDT 2018
TEAS STAMP USPTO/RFR-XX.XXX.XX.XX-20
180731013757548180-874218
06-610a0efcd473c2ec844ecd
ee3528eb8846a3b28ab78ccd2
8338fbf25e8cadbe61-N/A-N/
A-20180731013147811534



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 1960 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87421806 MIRA(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87421806/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for International Class 028: Board games; trackers in the nature of computer recognizable physical object having a unique electronically detectable pattern that enables augmented reality gaming equipment to generate and control particular virtual objects for augmented reality gaming experiences; cards and action figures to be used in augmented reality gaming experiences; toys for use with augmented reality experiences, namely, high contrast models, action figures, dolls, building toys, powered toys, vehicles, cars, trucks, robots, bendable toys, figurines, scenescape backgrounds, guns, warfare toys, electronic toys, technology toys, games, puzzles, plush toys; toys for use with augmented reality experiences, namely, high contrast models recognizable in a physical scene and detectable by augmented reality equipment; protective carrying cases specially adapted for headsets and accessories in the nature of lenses and controls for augmented reality games
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: International Class 028: Board games; trackers in the nature of computer recognizable physical object having a unique electronically detectable pattern that enables augmented reality gaming equipment to generate and control particular virtual objects for augmented reality gaming experiences; cards and action figures to be used in augmented reality gaming experiences; toys for use with augmented reality experiences, namely, high contrast models, action figures, dolls, building toys, powered toys, vehicles, cars, trucks, robots, bendable toys, figurines, scenescape backgrounds, guns, warfare toys, electronic toys, technology toys, games, puzzles, plush toys; toys for use with augmented reality experiences, namely, high contrast model animal, high contrast model figurine, high contrast model car, high contrast model airplane, high contrast model vehicle, action figures, dolls, building toys, powered toys, vehicles, cars, trucks, robots, bendable toys, figurines, scenescape backgrounds, guns, warfare toys, electronic learning toys, electronic action toys, board games, card games, puzzles, plush toys; toys for use with augmented reality experiences, namely, high contrast models recognizable in a physical scene and detectable by augmented reality equipment; toys for use with augmented reality experiences, namely, high contrast model animals, figurines, cars, airplanes, vehicles, action figures recognizable in a physical scene and detectable by augmented reality equipment; protective carrying cases specially adapted for headsets and accessories in the nature of lenses and controls for augmented reality games; protective carrying cases specially adapted for augmented reality headsets and accessories in the nature of lenses and controls for augmented reality games

Class 028 for International Class 028: Board games; trackers in the nature of computer recognizable physical object having a unique electronically detectable pattern that enables augmented reality gaming equipment to generate and control particular virtual objects for augmented reality gaming experiences; cards and action figures to be used in augmented reality gaming experiences; toys for use with augmented reality experiences, namely, high contrast model animal, high contrast model figurine, high contrast model car, high contrast model airplane, high contrast model vehicle, action figures, dolls, building toys, powered toys, vehicles, cars, trucks, robots, bendable toys, figurines, scenescape backgrounds, guns, warfare toys, electronic learning toys, electronic action toys, board games, card games, puzzles, plush toys; toys for use with augmented reality experiences, namely, high contrast model animals, figurines, cars, airplanes, vehicles, action figures recognizable in a physical scene and detectable by augmented reality equipment; protective carrying cases specially adapted for augmented reality headsets and accessories in the nature of lenses and controls for augmented reality games
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)
Request for Reconsideration Signature
Signature: /Kari L. Barnes/     Date: 07/30/2018
Signatory's Name: Kari L. Barnes
Signatory's Position: Attorney of Record, CA state bar member

Signatory's Phone Number: 949-224-6436

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.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 87421806
Internet Transmission Date: Tue Jul 31 01:37:57 EDT 2018
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XX-20180731013757548
180-87421806-610a0efcd473c2ec844ecdee352
8eb8846a3b28ab78ccd28338fbf25e8cadbe61-N
/A-N/A-20180731013147811534