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. 87931250 SMARTGAMES (Stylized and/or with Design, see http://uspto.report/TM/87931250/mark.png) 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 Playing cards;Games, namely, multi-level logic card, board, backgammon, and tower building games and puzzles; toys, namely, magnetic construction toys; electric and electronic games, other than those used only with a television set, namely, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, arcade game machines; electric and electronic toys, including toys with an incorporated LCD screen, namely, discovery sets comprised of electronic toy animals and electronic toy barns; educational and stimulating games, namely, mind challenging, educational and stimulating card, board, backgammon, and tower building games; educational and stimulating toys, namely, discovery sets, comprised of toy animals, toy barns and building blocks
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: Playing cards; Games, namely, multi-level logic card, board, backgammon, and tower building games and puzzles; toys, namely, magnetic construction toys; electric and electronic games, other than those used only with a television set, namely, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, arcade game machines; electric and electronic games, other than those used only with a television set, namely, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor; arcade game machines; electric and electronic toys, including toys with an incorporated LCD screen, namely, discovery sets comprised of electronic toy animals and electronic toy barns; educational and stimulating games, namely, mind challenging, educational and stimulating card, board, backgammon, and tower building games; educational and stimulating toys, namely, discovery sets, comprised of toy animals, toy barns and building blocksClass 028 for Playing cards; Games, namely, multi-level logic card, board, backgammon, and tower building games and puzzles; toys, namely, magnetic construction toys; electric and electronic games, other than those used only with a television set, namely, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor; arcade game machines; electric and electronic toys, including toys with an incorporated LCD screen, namely, discovery sets comprised of electronic toy animals and electronic toy barns; educational and stimulating games, namely, mind challenging, educational and stimulating card, board, backgammon, and tower building games; educational and stimulating toys, namely, discovery sets, comprised of toy animals, toy barns and building blocks
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail services in the field of games and playthings; online webshops in the field of games and playthings
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: Retail services in the field of games and playthings; Retail store services in the field of games and playthings; online webshops in the field of games and playthings; online retail store services in the field of games and playthingsClass 035 for Retail store services in the field of games and playthings; online retail store services in the field of games and playthings
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.

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


Description of mark
The mark consists of the wording "SMARTGAMES" in black stylized lettering, to the left of which is a blue, purple, red, green, and yellow circle design with five interior peg-like designs of the same colors. The color white represents background and/or transparent areas and is not a feature of the mark.

SIGNATURE(S)
Response Signature
Signature: /Neil B Friedman/     Date: 11/15/2018
Signatory's Name: Neil B Friedman
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 6462187605

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: 87931250
Internet Transmission Date: Thu Nov 15 18:11:29 EST 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-201811151811295995
30-87931250-610108066b0210be9792f23b3d8a
c215bf6738b95ad62d3130ba9b132a1c27fe84-N
/A-N/A-20181115180143935191