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. 88001183 MYBLUPRINT(Standard Characters, see http://uspto.report/TM/88001183/mark.png) has been amended as follows:

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

Applicant respectfully attaches the Response to the Office Action for Application Serial No. 88/001,183 in the Evidence Section of this form, due to formatting contained in the Response that will not transfer when copied herein, and hereby incorporates by reference the Response’s amendment and remarks in their entirety as if fully set forth herein.

EVIDENCE
Evidence in the nature of Response to the Office Action for Application Serial No. 88/001,183; EXHIBIT A (examples of Applicant's activities); EXHIBIT B (copy of registration certificate for Cited Mark 1); EXHIBIT C (specimen submitted by registrant for Cited Mark 2); EXHIBIT D (overview of cited registrants' activities). has been attached.
Original PDF file:
evi_21617810987-20190412205924642407_._MYBLUPRINT-CL.16__003_.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_21617810987-20190412205924642407_._EXHIBIT_A__003_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_21617810987-20190412205924642407_._EXHIBIT_B__003_.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_21617810987-20190412205924642407_._EXHIBIT_C__003_.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_21617810987-20190412205924642407_._EXHIBIT_D__003_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Paper, cardboard; children's storybooks; comic books; poster books; address books; graphic novels; magazines featuring stories, games and activities for children; bookmarks; bookbinding material; photograph albums; scrapbook albums; sketchbook albums; sticker albums; notebooks; diaries; blank writing journals; stationery; envelopes; writing paper; printed invitations; postcards; greeting cards; collectible trading cards; memo pads; folders; binders; adhesives for stationery or household purposes; artists' materials, namely, easels, pastels; paint brushes; arts and crafts paint kits; modeling materials and compounds for use by children; activity kits consisting of stickers and stamps; school supplies, namely, mechanical pencils, highlighter pens, protractors for drawing, chalk; school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, paper clips, pencil sharpeners, writing grips, glue for stationery purpose, drawing rulers, drawing compasses, protractors for drawing, and bookmarks; writing instruments; pens; pencils; writing grips; pen and pencil cases; erasers; pencil sharpeners; decorative pencil top ornaments; markers; crayons; paper clips; staples; paper staplers; staple removers; drawing rulers; drawing compasses; glue for stationery or household purposes; writing slates; rubber stamps; stamp pads; stencils; stickers; decals and heat applied transfers; heat applied appliques made of paper; printed photographs; posters; calendars; coasters made of paper; paper pennants; gift bags; gift boxes; paper party supplies, namely, paper party favors, paper napkins, paper placemats, paper gift wrap, paper gift wrapping ribbons, paper table cloths, paper party bags, paper cake decorations, and paper party decorations; paper gift cards
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: Paper, cardboard; children's storybooks; comic books; poster books; address books; graphic novels; magazines featuring stories, games and activities for children; bookmarks; bookbinding material; photograph albums; scrapbook albums; sketchbook albums; sticker albums; notebooks; diaries; blank writing journals; stationery; envelopes; writing paper; printed invitations; postcards; greeting cards; collectible trading cards; memo pads; folders; binders; adhesives for stationery or household purposes; artists' materials, namely, easels, pastels; paint brushes; arts and crafts paint kits; modeling materials and compounds for use by children; activity kits consisting of stickers and stamps; school supplies, namely, mechanical pencils, highlighter pens, protractors for drawing, chalk; school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, paper clips, pencil sharpeners, writing grips, glue for stationery purpose, drawing rulers, drawing compasses, protractors for drawing, and bookmarks; writing instruments; pens; pencils; writing grips; pen and pencil cases; erasers; pencil sharpeners; decorative pencil top ornaments; markers; crayons; paper clips; staples; paper staplers; staple removers; drawing rulers; drawing compasses; glue for stationery or household purposes; writing slates; rubber stamps; stamp pads; stencils; stickers; decals and heat applied transfers; decals and heat applied transfer decals; heat applied appliques made of paper; printed photographs; posters; calendars; coasters made of paper; paper pennants; gift bags; gift boxes; paper party supplies, namely, paper party favors, paper napkins, paper placemats, paper gift wrap, paper gift wrapping ribbons, paper table cloths, paper party bags, paper cake decorations, and paper party decorations; paper party supplies, namely, paper napkins, paper placemats, paper gift wrap, paper gift wrapping ribbons, paper table cloths, paper party bags, paper cake decorations, and paper party decorations; paper gift cardsClass 016 for Paper, cardboard; children's storybooks; comic books; poster books; address books; graphic novels; magazines featuring stories, games and activities for children; bookmarks; bookbinding material; photograph albums; scrapbook albums; sketchbook albums; sticker albums; notebooks; diaries; blank writing journals; stationery; envelopes; writing paper; printed invitations; postcards; greeting cards; collectible trading cards; memo pads; folders; binders; adhesives for stationery or household purposes; artists' materials, namely, easels, pastels; paint brushes; arts and crafts paint kits; modeling materials and compounds for use by children; activity kits consisting of stickers and stamps; school supplies, namely, mechanical pencils, highlighter pens, protractors for drawing, chalk; school supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, paper clips, pencil sharpeners, writing grips, glue for stationery purpose, drawing rulers, drawing compasses, protractors for drawing, and bookmarks; writing instruments; pens; pencils; writing grips; pen and pencil cases; erasers; pencil sharpeners; decorative pencil top ornaments; markers; crayons; paper clips; staples; paper staplers; staple removers; drawing rulers; drawing compasses; glue for stationery or household purposes; writing slates; rubber stamps; stamp pads; stencils; stickers; decals and heat applied transfer decals; heat applied appliques made of paper; printed photographs; posters; calendars; coasters made of paper; paper pennants; gift bags; gift boxes; paper party supplies, namely, paper napkins, paper placemats, paper gift wrap, paper gift wrapping ribbons, paper table cloths, paper party bags, paper cake decorations, and paper party decorations; paper gift cards
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)
Response Signature
Signature: /ak/     Date: 04/12/2019
Signatory's Name: Anna Kim
Signatory's Position: In-House Counsel associated with Counsel of Record, California bar member

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: 88001183
Internet Transmission Date: Fri Apr 12 21:33:17 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201904122133177
37506-88001183-620178827d662c7c569da36f9
9a2b084d32f163b351fb81c9134e9b6b89eb014-
N/A-N/A-20190412205924642407