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. 87660928 SPOOKTACULAR CREATIONS(Standard Characters, see http://uspto.report/TM/87660928/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE

Original PDF file:
evi_507410196-20171115144656480422_._-_Office_Action_Response_-_Spooktacular_Creations__87660928_.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Halloween goodie bags of paper or plastic; Paper Halloween decorations; Replications of human and animal skeletons, or parts of skeletons, and fossils for educational purposes
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 07/30/2017 and first used in commerce at least as early as 07/30/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Halloween goodie bags of paper or plastic; Paper Halloween decorations; Replications of human and animal skeletons, or parts of skeletons, and fossils for educational purposes; Replications of human and animal skeletons, or parts of skeletons, specifically as they relate to Halloween decorations.Class 016 for Halloween goodie bags of paper or plastic; Paper Halloween decorations; Replications of human and animal skeletons, or parts of skeletons, specifically as they relate to Halloween decorations.
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 07/30/2017 and first used in commerce at least as early as 07/30/2017 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Novelty toy item in the nature of a dispenser of stream material; Novelty toy items in the nature of pop ups; Plush toys; Toy weapons; Toy and novelty face masks; Toy foam novelty items, namely, foam fingers and hands; Electronic novelty toys, namely, toys that electronically record, play back, and distort or manipulate voices and sounds; Novelty toy items in the nature of artificial plush animals or insects; Soft sculpture plush toys; Stuffed and plush toys
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 07/30/2017 and first used in commerce at least as early as 07/30/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Novelty toy item in the nature of a dispenser of stream material; Novelty toy items in the nature of pop ups; Plush toys; Toy weapons; Toy and novelty face masks; Toy foam novelty items, namely, foam fingers and hands; Electronic novelty toys, namely, toys that electronically record, play back, and distort or manipulate voices and sounds; Novelty toy items in the nature of artificial plush animals or insects; Soft sculpture plush toys; Stuffed and plush toys; Stuffed and plush toys. All of the aforementioned products are sold as Halloween items.Class 028 for Novelty toy item in the nature of a dispenser of stream material; Novelty toy items in the nature of pop ups; Plush toys; Toy weapons; Toy and novelty face masks; Toy foam novelty items, namely, foam fingers and hands; Electronic novelty toys, namely, toys that electronically record, play back, and distort or manipulate voices and sounds; Novelty toy items in the nature of artificial plush animals or insects; Soft sculpture plush toys; Stuffed and plush toys. All of the aforementioned products are sold as Halloween items.
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 07/30/2017 and first used in commerce at least as early as 07/30/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of Halloween toys using Applicant's mark. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use creations apart from the mark as shown.


Miscellaneous Statement
Applicant is the owner of Application Serial No(s). 87573831.


SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Abraham Lichy/      Date: 11/15/2017
Signatory's Name: Abraham Lichy
Signatory's Position: Attorney of Record, New York bar member
Signatory's Phone Number: 9175611172


Response Signature
Signature: /abraham lichy/     Date: 11/15/2017
Signatory's Name: Abraham Lichy
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 9175611172

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: 87660928
Internet Transmission Date: Wed Nov 15 14:54:02 EST 2017
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20171115145402046
249-87660928-5109bb92f2a42ffd08d33763216
a346527cd045a1635040777a37366b5ecef5e15a
-N/A-N/A-20171115144656480422