TEAS Request Reconsideration after FOA

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)

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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 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. 87902886 CLOUD9(Standard Characters, see http://uspto.report/TM/87902886/mark.png) has been amended as follows:

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

Arguments attached as evidence.

EVIDENCE
Evidence in the nature of webpage screenshots, TESS search results has been attached.
Original PDF file:
evi_3814224107-20190920164302827359_._ponse_to_Office_Action_CLOUD9_in_Class_28_4126-0046-0831_v.1.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_3814224107-20190920164302827359_._CLOUD9_-_Class_28_-_OAR_Exhibits_A_-_F.pdf
Converted PDF file(s) ( 15 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Plush toys; musical toys; action figure toys; electronic action toys; mechanical action toys; battery operated action toys; card games; board games; tabletop games; action skill games; trading card games; bobble head dolls
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: Plush toys; musical toys; action figure toys; electronic action toys; mechanical action toys; battery operated action toys; card games; bobble head dolls, none of the aforementioned including electronic gaming machines, namely, devices which accept a wager, gaming machines, slot machines, bingo machines, with or without video output, video lottery terminals, or gaming machines that generate or display wager outcomes; board games; tabletop games; action skill games; trading card games; bobble head dollsClass 028 for Plush toys; musical toys; action figure toys; electronic action toys; mechanical action toys; battery operated action toys; bobble head dolls, none of the aforementioned including electronic gaming machines, namely, devices which accept a wager, gaming machines, slot machines, bingo machines, with or without video output, video lottery terminals, or gaming machines that generate or display wager outcomes
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.

The applicant's current attorney information: Kristin S. Cornuelle. Kristin S. Cornuelle of ORRICK, HERRINGTON & SUTCLIFFE LLP, is located at

      2050 MAIN ST., SUITE 1100
      IRVINE, California 92614
      US
The docket/reference number is 34641.6001.

The phone number is 503-943-4828.

The fax number is 9495676710.

The email address is ipprosecution@orrick.com

The applicants proposed attorney information: Kristin S. Cornuelle. Other appointed attorneys are Thomas H. Zellerbach, Peter D. Vogl, Beth M. Goldman, Diana M. Rutowski, Betsy W. Lee, Eileen Z. Aghnami, Christopher Civil, Briggs Wright. Kristin S. Cornuelle of ORRICK, HERRINGTON & SUTCLIFFE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2050 MAIN ST., SUITE 1100
      IRVINE, California 92614
      United States
The docket/reference number is 34641.6001.

The phone number is 503-943-4828.

The fax number is 9495676710.

The email address is ipprosecution@orrick.com

Kristin S. Cornuelle submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: KRISTIN S. CORNUELLE. KRISTIN S. CORNUELLE of ORRICK, HERRINGTON & SUTCLIFFE LLP, is located at

      2050 MAIN ST., SUITE 1100
      IRVINE, California 92614
      US
The docket/reference number is 34641.6001.

The phone number is 503-943-4828.

The fax number is 9495676710.

The email address is ipprosecution@orrick.com; kcornuelle@orrick.com; mweddington@orrick.com

The applicants proposed correspondence information: Kristin S. Cornuelle. Kristin S. Cornuelle of ORRICK, HERRINGTON & SUTCLIFFE LLP, is located at

      2050 MAIN ST., SUITE 1100
      IRVINE, California 92614
      United States
The docket/reference number is 34641.6001.

The phone number is 503-943-4828.

The fax number is 9495676710.

The email address is ipprosecution@orrick.com; kcornuelle@orrick.com; mweddington@orrick.com

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Kristin S. Cornuelle/     Date: 09/20/2019
Signatory's Name: Kristin S. Cornuelle
Signatory's Position: Attorney of Record, CA & OR Bar Member

Signatory's Phone Number: 5039434828

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    KRISTIN S. CORNUELLE
   ORRICK, HERRINGTON & SUTCLIFFE LLP
   
   2050 MAIN ST., SUITE 1100
   IRVINE, California 92614
Mailing Address:    Kristin S. Cornuelle
   ORRICK, HERRINGTON & SUTCLIFFE LLP
   2050 MAIN ST., SUITE 1100
   IRVINE, California 92614
        
Serial Number: 87902886
Internet Transmission Date: Fri Sep 20 17:08:37 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2019092017083735
9515-87902886-610a9cf2eb109fec93d381f3af
9fc0b4c8928db8fa8088f97c87fd586050ca69d1
-N/A-N/A-20190920164302827359