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

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER88065394
LAW OFFICE ASSIGNEDLAW OFFICE 124
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88065394/large
LITERAL ELEMENT LEARN AND EXPLORE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
In response to the non final Office Action, Applicant responds as follows: The Examiner has raised the registration of the mark "Explore & Learn" as the basis to refuse the registration of Applicant's mark as being two marks that although are not identical, possess similar wording. The Examiner argues that since both marks include the words "Learn" and "Explore," the marks create similar commercial expressions. Although the Applicant's mark possesses the words "Learn" and "Explore," the arrangement of the words creates a mark that is distinguishable from the registrant's mark. Further, the Applicant has narrowed its listing of goods and services to: Educational toys; Educational games; Children's development toys; Children's development games; Children's toys featuring children's math skills and development; Children's games featuring children's math skills and development; Children's toys featuring children's science skills and development; Children's games featuring children's science skills and development; toys for developing a child's creativity; toys for developing a child's artistic abilities; and toys for scientific exploration. The Applicant's amended listing of goods and services are now further defined as toys geared for education and development for children. They do not encompass the registrant's goods of "children's multiple activity toys." Therefore, although both the Applicant's mark and the registrant's mark are used in relation to children's toys, the Applicant's goods offered under its mark are for educational purposes and the development of the child in various areas such as math, reading, creativity and the arts. As such, the Applicant's goods and those of the registrant are marketed through different channels and therefore unlikely to cause confusion as to the source of the goods. Applicant kindly requests that the present Application proceed to registration.
GOODS AND/OR SERVICES SECTION (028)(current)
INTERNATIONAL CLASS028
DESCRIPTION
Educational toys; Educational games; Children's development toys; Children's development games; Children's toys featuring children's math skills and development; Children's games featuring children's math skills and development; Children's toys featuring children's science skills and development; Children's games featuring children's science skills and development; Creative toys; Artistic toys; Action skill games; action figures and accessories therefor; board games; card games; children's multiple activity toys; badminton sets; balloons; basketballs; bath toys; baseball bats; baseballs; beach balls; bean bags; bean bag dolls; bobblehead dolls; bowling balls; bubble making wand and solution sets; chess sets; toy imitation cosmetics; Christmas stockings; Christmas tree ornaments and decorations; collectable toy figures; crib mobiles; crib toys; disc toss toys; dolls; doll clothing; doll accessories; doll playsets; electric action toys; equipment sold as a unit for playing card games; fishing tackle; fishing rods; footballs; golf balls; golf gloves; golf ball markers; hand-held units for playing electronic games for use with and without an external display screen or monitor; hockey pucks; hockey sticks; infant toys; inflatable toys; inflatable pool toys; jigsaw puzzles; jump ropes; kites; magic tricks; marbles; manipulative games; mechanical toys; music box toys; musical toys; parlor games; party favors in the nature of small toys; paper party favors; paper party hats; party games; playing cards; plush toys; puppets; roller skates; role playing toys in the nature of play sets for children to imitate real life occupations; rubber balls; skateboards; snow boards; snow globes; soccer balls; spinning tops; squeeze toys; stuffed toys; table tennis balls; table tennis paddles and rackets; table tennis tables; talking toys; target games; teddy bears; tennis balls; tennis rackets; toy action figures and accessories therefor; toy boats; toy bucket and shovel sets; toy building blocks; toy mobiles; toy vehicles; toy scooters; toy cars; toy figures; toy banks; toy trucks; toy watches; toy weapons; toy building structures and toy vehicle tracks; video game machines for use with televisions; volley balls; wind-up toys; yo-yos; toy trains and parts and accessories therefor; toy aircraft; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game consoles, and hand-held video game units
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (028)(proposed)
INTERNATIONAL CLASS028
TRACKED TEXT DESCRIPTION
Educational toys; Educational games; Children's development toys; Children's development games; Children's toys featuring children's math skills and development; Children's games featuring children's math skills and development; Children's toys featuring children's science skills and development; Children's games featuring children's science skills and development; Creative toys; toys for developing a child's creativity; Artistic toys; toys for developing a child's artistic abilities; Action skill games; and toys for scientific exploration.; action figures and accessories therefor; board games; card games; children's multiple activity toys; badminton sets; balloons; basketballs; bath toys; baseball bats; baseballs; beach balls; bean bags; bean bag dolls; bobblehead dolls; bowling balls; bubble making wand and solution sets; chess sets; toy imitation cosmetics; Christmas stockings; Christmas tree ornaments and decorations; collectable toy figures; crib mobiles; crib toys; disc toss toys; dolls; doll clothing; doll accessories; doll playsets; electric action toys; equipment sold as a unit for playing card games; fishing tackle; fishing rods; footballs; golf balls; golf gloves; golf ball markers; hand-held units for playing electronic games for use with and without an external display screen or monitor; hockey pucks; hockey sticks; infant toys; inflatable toys; inflatable pool toys; jigsaw puzzles; jump ropes; kites; magic tricks; marbles; manipulative games; mechanical toys; music box toys; musical toys; parlor games; party favors in the nature of small toys; paper party favors; paper party hats; party games; playing cards; plush toys; puppets; roller skates; role playing toys in the nature of play sets for children to imitate real life occupations; rubber balls; skateboards; snow boards; snow globes; soccer balls; spinning tops; squeeze toys; stuffed toys; table tennis balls; table tennis paddles and rackets; table tennis tables; talking toys; target games; teddy bears; tennis balls; tennis rackets; toy action figures and accessories therefor; toy boats; toy bucket and shovel sets; toy building blocks; toy mobiles; toy vehicles; toy scooters; toy cars; toy figures; toy banks; toy trucks; toy watches; toy weapons; toy building structures and toy vehicle tracks; video game machines for use with televisions; volley balls; wind-up toys; yo-yos; toy trains and parts and accessories therefor; toy aircraft; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game consoles, and hand-held video game units
FINAL DESCRIPTION
Educational toys; Educational games; Children's development toys; Children's development games; Children's toys featuring children's math skills and development; Children's games featuring children's math skills and development; Children's toys featuring children's science skills and development; Children's games featuring children's science skills and development; toys for developing a child's creativity; toys for developing a child's artistic abilities; and toys for scientific exploration.
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (041)(no change)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use LEARN apart from the mark as shown.
SIGNATURE SECTION
RESPONSE SIGNATURE /soulaskokos/
SIGNATORY'S NAME Soula Skokos
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 6303681699
DATE SIGNED 03/21/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Mar 21 11:28:41 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.X-20
190321112841623692-880653
94-6206713e8929ff0281ade1
497f865fccf811e4c932d888d
c4b13fc456eea655a-N/A-N/A
-20190321110003397448


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. 88065394 LEARN AND EXPLORE(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88065394/large) has been amended as follows:

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

In response to the non final Office Action, Applicant responds as follows: The Examiner has raised the registration of the mark "Explore & Learn" as the basis to refuse the registration of Applicant's mark as being two marks that although are not identical, possess similar wording. The Examiner argues that since both marks include the words "Learn" and "Explore," the marks create similar commercial expressions. Although the Applicant's mark possesses the words "Learn" and "Explore," the arrangement of the words creates a mark that is distinguishable from the registrant's mark. Further, the Applicant has narrowed its listing of goods and services to: Educational toys; Educational games; Children's development toys; Children's development games; Children's toys featuring children's math skills and development; Children's games featuring children's math skills and development; Children's toys featuring children's science skills and development; Children's games featuring children's science skills and development; toys for developing a child's creativity; toys for developing a child's artistic abilities; and toys for scientific exploration. The Applicant's amended listing of goods and services are now further defined as toys geared for education and development for children. They do not encompass the registrant's goods of "children's multiple activity toys." Therefore, although both the Applicant's mark and the registrant's mark are used in relation to children's toys, the Applicant's goods offered under its mark are for educational purposes and the development of the child in various areas such as math, reading, creativity and the arts. As such, the Applicant's goods and those of the registrant are marketed through different channels and therefore unlikely to cause confusion as to the source of the goods. Applicant kindly requests that the present Application proceed to registration.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Educational toys; Educational games; Children's development toys; Children's development games; Children's toys featuring children's math skills and development; Children's games featuring children's math skills and development; Children's toys featuring children's science skills and development; Children's games featuring children's science skills and development; Creative toys; Artistic toys; Action skill games; action figures and accessories therefor; board games; card games; children's multiple activity toys; badminton sets; balloons; basketballs; bath toys; baseball bats; baseballs; beach balls; bean bags; bean bag dolls; bobblehead dolls; bowling balls; bubble making wand and solution sets; chess sets; toy imitation cosmetics; Christmas stockings; Christmas tree ornaments and decorations; collectable toy figures; crib mobiles; crib toys; disc toss toys; dolls; doll clothing; doll accessories; doll playsets; electric action toys; equipment sold as a unit for playing card games; fishing tackle; fishing rods; footballs; golf balls; golf gloves; golf ball markers; hand-held units for playing electronic games for use with and without an external display screen or monitor; hockey pucks; hockey sticks; infant toys; inflatable toys; inflatable pool toys; jigsaw puzzles; jump ropes; kites; magic tricks; marbles; manipulative games; mechanical toys; music box toys; musical toys; parlor games; party favors in the nature of small toys; paper party favors; paper party hats; party games; playing cards; plush toys; puppets; roller skates; role playing toys in the nature of play sets for children to imitate real life occupations; rubber balls; skateboards; snow boards; snow globes; soccer balls; spinning tops; squeeze toys; stuffed toys; table tennis balls; table tennis paddles and rackets; table tennis tables; talking toys; target games; teddy bears; tennis balls; tennis rackets; toy action figures and accessories therefor; toy boats; toy bucket and shovel sets; toy building blocks; toy mobiles; toy vehicles; toy scooters; toy cars; toy figures; toy banks; toy trucks; toy watches; toy weapons; toy building structures and toy vehicle tracks; video game machines for use with televisions; volley balls; wind-up toys; yo-yos; toy trains and parts and accessories therefor; toy aircraft; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game consoles, and hand-held video game units
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: Educational toys; Educational games; Children's development toys; Children's development games; Children's toys featuring children's math skills and development; Children's games featuring children's math skills and development; Children's toys featuring children's science skills and development; Children's games featuring children's science skills and development; Creative toys; toys for developing a child's creativity; Artistic toys; toys for developing a child's artistic abilities; Action skill games; and toys for scientific exploration.; action figures and accessories therefor; board games; card games; children's multiple activity toys; badminton sets; balloons; basketballs; bath toys; baseball bats; baseballs; beach balls; bean bags; bean bag dolls; bobblehead dolls; bowling balls; bubble making wand and solution sets; chess sets; toy imitation cosmetics; Christmas stockings; Christmas tree ornaments and decorations; collectable toy figures; crib mobiles; crib toys; disc toss toys; dolls; doll clothing; doll accessories; doll playsets; electric action toys; equipment sold as a unit for playing card games; fishing tackle; fishing rods; footballs; golf balls; golf gloves; golf ball markers; hand-held units for playing electronic games for use with and without an external display screen or monitor; hockey pucks; hockey sticks; infant toys; inflatable toys; inflatable pool toys; jigsaw puzzles; jump ropes; kites; magic tricks; marbles; manipulative games; mechanical toys; music box toys; musical toys; parlor games; party favors in the nature of small toys; paper party favors; paper party hats; party games; playing cards; plush toys; puppets; roller skates; role playing toys in the nature of play sets for children to imitate real life occupations; rubber balls; skateboards; snow boards; snow globes; soccer balls; spinning tops; squeeze toys; stuffed toys; table tennis balls; table tennis paddles and rackets; table tennis tables; talking toys; target games; teddy bears; tennis balls; tennis rackets; toy action figures and accessories therefor; toy boats; toy bucket and shovel sets; toy building blocks; toy mobiles; toy vehicles; toy scooters; toy cars; toy figures; toy banks; toy trucks; toy watches; toy weapons; toy building structures and toy vehicle tracks; video game machines for use with televisions; volley balls; wind-up toys; yo-yos; toy trains and parts and accessories therefor; toy aircraft; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game consoles, and hand-held video game units

Class 028 for Educational toys; Educational games; Children's development toys; Children's development games; Children's toys featuring children's math skills and development; Children's games featuring children's math skills and development; Children's toys featuring children's science skills and development; Children's games featuring children's science skills and development; toys for developing a child's creativity; toys for developing a child's artistic abilities; and toys for scientific exploration.
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 LEARN apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /soulaskokos/     Date: 03/21/2019
Signatory's Name: Soula Skokos
Signatory's Position: Attorney of Record

Signatory's Phone Number: 6303681699

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: 88065394
Internet Transmission Date: Thu Mar 21 11:28:41 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20190321112841623
692-88065394-6206713e8929ff0281ade1497f8
65fccf811e4c932d888dc4b13fc456eea655a-N/
A-N/A-20190321110003397448