Response to Office Action

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 09/20/2020)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87628450 NOBLE (Stylized and/or with Design, see http://uspto.report/TM/87628450/mark.png) has been amended as follows:

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

In response to the Office Action dated January 8, 2018, in which the Examining Attorney refused registration based upon a likelihood of confusion with U.S. Registration No. 4963023, Applicant responds as follows. Applicant has amended the description of goods to limit the goods to "playing cards and card games". The goods in U.S. Registration 4963023 relate to electronic and computer games and are therefore unrelated to playing cards and card games which are not electronic. In light of the amendment to the goods, Applicant requests the examining attorney withdraw the refusal based on likelihood of confusion.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Gaming equipment, namely, poker chips; playing cards and card games; Chinese chess; chess sets; toy building blocks; jigsaw and manipulative puzzles; intelligence plastic toys, namely, action figures and toy characters
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/11/2017 and first used in commerce at least as early as 08/11/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Gaming equipment, namely, poker chips; Playing cards and card games; Chinese chess; chess sets; toy building blocks; jigsaw and manipulative puzzles; intelligence plastic toys, namely, action figures and toy charactersClass 028 for Playing cards and card games
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/11/2017 and first used in commerce at least as early as 08/11/2017 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /miriam trudell/     Date: 07/06/2018
Signatory's Name: Miriam D. Trudell
Signatory's Position: Attorney of Record, Colorado Bar Member

Signatory's Phone Number: 3038639700

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: 87628450
Internet Transmission Date: Fri Jul 06 14:44:07 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20180706144407804
494-87628450-610127adf452736c74010fe7c27
1269511338951568d44d9d61e6c298544be87fc-
N/A-N/A-20180706143927541268