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 NUMBER |
88090117 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88090117/mark.png |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of Chinese characters. |
GOODS AND/OR SERVICES SECTION (009)(no change) |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Towels of paper; geographical maps; printed periodicals in the field of music; pictures; photographs (printed); writing
instruments |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Towels of paper; geographical maps; printed periodicals in the
field of music; pictures; photographs (printed); printed photographs; writing instruments; writing instruments. |
FINAL DESCRIPTION |
Towels of paper; geographical maps; printed periodicals in the field of music; pictures; printed photographs; writing instruments. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Plush toys; playing cards; swimming belts; camouflage screens (sports articles); scratch off cards for playing lottery games; ornaments
for Christmas trees, except illumination articles and confectionery |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Plush toys; playing cards; swimming belts; camouflage screens (sports articles); sports articles, namely, camouflage screens; scratch off cards
for playing lottery games; scratch cards for playing lottery games; ornaments for Christmas trees, except illumination
articles and confectionery; ornaments for Christmas trees, except confectionery and electric Christmas tree lights |
FINAL DESCRIPTION |
Plush toys; playing cards; swimming belts; sports articles, namely, camouflage screens; scratch cards for playing lottery games;
ornaments for Christmas trees, except confectionery and electric Christmas tree lights |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(no change) |
GOODS AND/OR SERVICES SECTION (036)(current) |
INTERNATIONAL CLASS |
036 |
DESCRIPTION |
Insurance brokerage; securities brokerage; commodities brokerage; business brokerage; investment brokerage; art brokerage; real estate
brokerage; brokerage services for capital investments; brokerage services for stocks and bond; surety services; charitable fund raising; trusteeship representatives; trustee services; capital
investment; financing services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (036)(proposed) |
INTERNATIONAL CLASS |
036 |
TRACKED TEXT DESCRIPTION |
Insurance brokerage; securities brokerage; commodities brokerage; commodity brokerage; business brokerage; investment brokerage;
art brokerage; real estate brokerage; brokerage services for capital investments; brokerage services for stocks and bond; brokerage services for stocks and bonds; surety services; charitable fund raising; trusteeship representatives; trustee services; capital investment; financing services; financing services. |
FINAL DESCRIPTION |
Insurance brokerage; securities brokerage; commodity brokerage; business brokerage; investment brokerage; art brokerage; real estate
brokerage; brokerage services for capital investments; brokerage services for stocks and bonds; surety services; charitable fund raising; trusteeship representatives; trustee services; capital
investment; financing services. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (038)(no change) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment and educational services in the nature of competitions in the field of entertainment, education, culture, sports, and
other non-business and non-commercial fields; providing on-line non-downloadable electronic publications, in the field of education or entertainment; movie studio services; providing television
programs, not downloadable, via video-on-demand transmission services; entertainment services, namely, providing temporary use of non-downloadable computer and video games; sweepstake services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Entertainment and educational services in the nature of competitions in the field of entertainment, education,
culture, sports, and other non-business and non-commercial fields; providing on-line non-downloadable electronic publications, in the field of education or
entertainment; providing online non-downloadable electronic books in the field of culture; movie studio services; providing television programs, not downloadable, via video-on-demand transmission services; entertainment services, namely, providing temporary use of
non-downloadable computer and video games; sweepstake services |
FINAL DESCRIPTION |
Entertainment and educational services in the nature of competitions in the field of entertainment, education, culture, sports, and
other non-business and non-commercial fields; providing online non-downloadable electronic books in the field of culture; movie studio services; providing television programs, not downloadable, via
video-on-demand transmission services; entertainment services, namely, providing temporary use of non-downloadable computer and video games; sweepstake services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(no change) |
GOODS AND/OR SERVICES SECTION (045)(no change) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The Office Action included advisories relating to Section 1(b), Section 44(d) and Intent to Perfect Section 44(e), indicating that the
application specified both an intent to use under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application. However, Applicant submits that the
application actually did not include a claim of priority under Section 44(d). Rather, this application is only based on intent to use under Section 1(b) for all goods and services in all
classes. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Michael Friscia/ |
SIGNATORY'S NAME |
Michael R. Friscia |
SIGNATORY'S POSITION |
Attorney of Record, NJ Bar Member |
SIGNATORY'S PHONE NUMBER |
973-848-8308 |
DATE SIGNED |
06/10/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jun 10 15:52:33 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-201
90610155233663719-8809011
7-620a93371af23c3fc21a6b6
fa969c64bcf8aa2b3883e2d38
1a029f1438ceb1dae8b-N/A-N
/A-20190610153558820809 |
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.
88090117 (Stylized and/or with Design, see http://uspto.report/TM/88090117/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 016 for Towels of paper; geographical maps; printed periodicals in the field of music; pictures; photographs (printed); writing instruments
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: Towels of paper;
geographical maps;
printed periodicals in the field of music;
pictures;
photographs (printed);
printed photographs;
writing
instruments;
writing instruments.Class 016 for Towels of paper; geographical maps; printed periodicals in the field of music; pictures; printed
photographs; writing instruments.
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 028 for Plush toys; playing cards; swimming belts; camouflage screens (sports articles); scratch off cards for playing lottery games; ornaments for Christmas trees, except
illumination articles and confectionery
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;
playing cards;
swimming belts;
camouflage
screens (sports articles);
sports articles, namely, camouflage screens;
scratch off cards for playing lottery games;
scratch cards for playing lottery games;
ornaments for Christmas trees, except illumination articles and confectionery;
ornaments for Christmas trees, except confectionery and electric Christmas tree lightsClass 028 for Plush toys; playing cards; swimming belts; sports articles,
namely, camouflage screens; scratch cards for playing lottery games; ornaments for Christmas trees, except confectionery and electric Christmas tree lights
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 036 for Insurance brokerage; securities brokerage; commodities brokerage; business brokerage; investment brokerage; art brokerage; real estate brokerage; brokerage services for
capital investments; brokerage services for stocks and bond; surety services; charitable fund raising; trusteeship representatives; trustee services; capital investment; financing services
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: Insurance brokerage;
securities brokerage;
commodities brokerage;
commodity brokerage;
business brokerage;
investment brokerage;
art brokerage;
real estate brokerage;
brokerage services for capital investments;
brokerage services for stocks and bond;
brokerage services for stocks and bonds;
surety services;
charitable fund raising;
trusteeship
representatives;
trustee services;
capital investment;
financing services;
financing services.Class 036 for Insurance brokerage; securities brokerage; commodity brokerage; business brokerage; investment brokerage; art brokerage; real estate brokerage;
brokerage services for capital investments; brokerage services for stocks and bonds; surety services; charitable fund raising; trusteeship representatives; trustee services; capital investment;
financing services.
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 041 for Entertainment and educational services in the nature of competitions in the field of entertainment, education, culture, sports, and other non-business and non-commercial
fields; providing on-line non-downloadable electronic publications, in the field of education or entertainment; movie studio services; providing television programs, not downloadable, via
video-on-demand transmission services; entertainment services, namely, providing temporary use of non-downloadable computer and video games; sweepstake services
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: Entertainment and educational services in the nature of competitions in the field of entertainment, education, culture, sports, and other
non-business and non-commercial fields;
providing on-line non-downloadable electronic publications, in the field of education or entertainment;
providing online non-downloadable electronic books in the field of culture;
movie studio services;
providing
television programs, not downloadable, via video-on-demand transmission services;
entertainment services, namely, providing temporary use of non-downloadable computer and
video games;
sweepstake servicesClass 041 for Entertainment and educational services in the nature of competitions in the field of entertainment, education, culture,
sports, and other non-business and non-commercial fields; providing online non-downloadable electronic books in the field of culture; movie studio services; providing television programs, not
downloadable, via video-on-demand transmission services; entertainment services, namely, providing temporary use of non-downloadable computer and video games; sweepstake services
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
Miscellaneous Statement
The Office Action included advisories relating to Section 1(b), Section 44(d) and Intent to Perfect Section 44(e), indicating that the application specified both an intent to use under Trademark Act
Section 1(b) and a claim of priority under Section 44(d) based on a foreign application. However, Applicant submits that the application actually did not include a claim of priority under Section
44(d). Rather, this application is only based on intent to use under Section 1(b) for all goods and services in all classes.
SIGNATURE(S)
Response Signature
Signature: /Michael Friscia/ Date: 06/10/2019
Signatory's Name: Michael R. Friscia
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 973-848-8308
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: 88090117
Internet Transmission Date: Mon Jun 10 15:52:33 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201906101552336637
19-88090117-620a93371af23c3fc21a6b6fa969
c64bcf8aa2b3883e2d381a029f1438ceb1dae8b-
N/A-N/A-20190610153558820809