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. 88104936 CRAFT SMART(Standard Characters, see http://uspto.report/TM/88104936/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 006 for Galvanized metal hooks; Metal baskets; Metal letters for decorative use; decorative wall plaques made of common metal
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: Class 006 for Galvanized metal hooks; Metal baskets; Metal letters for decorative use; decorative wall plaques made of common metal
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 011 for Electric candle warmers; Decorative electric lights, namely, string lights, electrically-illuminated lanterns and LED light strips, all for decorative use; Diffusers, namely, non-electric
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: Electric candle warmers; Decorative electric lights, namely, string lights, electrically-illuminated lanterns and LED light strips, all for decorative use; Diffusers, namely, non-electric; Diffusers, namely, non-electric air diffusers comprised of a wick in a container used to emit scent when lit, sold with scented oilClass 011 for Electric candle warmers; Decorative electric lights, namely, string lights, electrically-illuminated lanterns and LED light strips, all for decorative use; Diffusers, namely, non-electric air diffusers comprised of a wick in a container used to emit scent when lit, sold with scented oil
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 014 for Jewelry; jewelry making kits
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: Jewelry; jewelry making kitsClass 014 for Jewelry
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 016 for Arts and craft paint kits; Art pads; Art portfolio cases; Art supplies, namely, artists' brushes, paint trays; Artisan glue, namely, fabric glue for household use and glue for stationery or household use; Arts and crafts clay kits; Brushes, namely, paint brushes; Calendars; Canvas for painting; Chalkboards with clips attached for school, home and decorative use; Chalk decals, namely, decals with chalkboard finish for school, home and decorative use; Chalk duct tape, namely, duct tape with chalkboard finish for school, home and decorative use; Chalk placemats, namely, placemats with chalkboard finish for school, home and decorative use; Chalk boards; Chalkboard easels, namely, easels with chalkboard finish for school, home and decorative use; Chalkboard stickers, namely, stickers with chalkboard finish for school, home and decorative use; Chalkboard tags, namely, paper hang tags and gift tags with chalkboard finish for school, home and decorative use; Craft paper; Crayons; Cross-stitch and embroidery kits consisting primarily of thread/floss, needles, cloth and patterns ; Desk Organizers, namely, pen and pencil trays, calendar desk pads, filing trays, and office organizer cubbies, Drawing instruments; Dry erase writing boards; Easels; Fabric glue for household use; Fabric markers for writing on textile; Foam stamps for paper crafting; Iron-on transfer paper, namely, paper used for the transfer of designs; Iron-on transfers; Markers; Memo boards, namely, bulletin boards; Memory books; Note cards; Office supplies, namely, letter openers, staplers; Paint brushes; Paper; Paper bags; Paper party decorations; Paper goods and printed materials, namely, paper gift wrap bows, poster boards; Paper mats and mat boards for frames, namely, picture framing mat boards; Paper party ornaments; Paper tags; Pastels; Pencil holders; Pencils; Pens; Photo cards, namely, greeting cards that hold photos; Photograph albums; Photograph books, namely, books for collecting and storing photographs; Rubber bands; Rulers, namely drawing rulers; Scrapbook pages; Scrapbooks; Sketchboards, namely, stationery boards for holding sketch paper; Sketch books; Stencils; Stickers; Sticky notes in the nature of adhesive note paper; Wedding albums; Wrapping paper; Stationery; paper napkins, paper tablecloths; storage containers made of paper
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: Arts and craft paint kits; Art pads; Art portfolio cases; Art supplies, namely, artists' brushes, paint trays; Artisan glue, namely, fabric glue for household use and glue for stationery or household use; Arts and crafts clay kits; Brushes, namely, paint brushes; Calendars; Canvas for painting; Chalkboards with clips attached for school, home and decorative use; Chalk decals, namely, decals with chalkboard finish for school, home and decorative use; Chalk duct tape, namely, duct tape with chalkboard finish for school, home and decorative use; Chalk placemats, namely, placemats made of paper with chalkboard finish for school, home and decorative use; Chalk placemats, namely, placemats with chalkboard finish for school, home and decorative use; Chalk boards for school and home use; Chalk boards; Chalkboard easels, namely, easels with chalkboard finish for school, home and decorative use; Chalkboard stickers, namely, stickers with chalkboard finish for school, home and decorative use; Chalkboard tags, namely, paper hang tags and gift tags with chalkboard finish for school, home and decorative use; Craft paper; Crayons; Desk Organizers, namely, pen and pencil trays, calendar desk pads, document file trays; Cross-stitch and embroidery kits consisting primarily of thread/floss, needles, cloth and patterns; Drawing instruments; Desk Organizers, namely, pen and pencil trays, calendar desk pads, filing trays, and office organizer cubbies, Drawing instruments; Dry erase writing boards; Easels; Fabric glue for household use; Fabric markers for writing on textile; Foam stamps for paper crafting; Iron-on transfer paper, namely, paper used for the transfer of designs; Iron-on transfers; Markers; Memo boards, namely, bulletin boards in the nature of magnetic boards for scheduling activities and appointments; Memo boards, namely, bulletin boards; Memory books; Note cards; Office supplies, namely, letter openers, staplers; Paint brushes; Paper; Paper bags; Paper party decorations; Paper goods, namely, paper gift wrap bows, poster boards, paper napkins, paper tablecloths; Paper goods and printed materials, namely, paper gift wrap bows, poster boards; Paper mats, namely, paper place mats and mat boards for frames, namely, picture framing mat boards; Paper mats and mat boards for frames, namely, picture framing mat boards; Paper party ornaments; Paper tags; Pastels; Pencil holders; Pencils; Pens; Photo cards, namely, greeting cards that hold photos; Photograph albums; Photograph books in the nature of photo albums, namely, books for collecting and storing photographs; Photograph books, namely, books for collecting and storing photographs; Rubber bands; Rulers, namely drawing rulers; Scrapbook pages; Scrapbooks; Sketchboards in the nature of sketch books and sketch pads, namely, stationery boards for holding sketch paper; Sketchboards, namely, stationery boards for holding sketch paper; Sketch books; Stencils; Stickers; Sticky notes in the nature of adhesive note paper; Wedding albums; Wrapping paper; Stationery; Hobby craft kits for painting comprised primarily of paint brushes, paints, wood, metal, glass, plaster or plastic surface; paper napkins, paper tablecloths; Hobby craft kits comprised primarily of clay, foam, feathers, beads, wiggly eyes, wood crafts, glue, and tape; storage containers made of paperClass 016 for Arts and craft paint kits; Art pads; Art portfolio cases; Art supplies, namely, artists' brushes, paint trays; Artisan glue, namely, fabric glue for household use and glue for stationery or household use; Arts and crafts clay kits; Brushes, namely, paint brushes; Calendars; Canvas for painting; Chalkboards with clips attached for school, home and decorative use; Chalk decals, namely, decals with chalkboard finish for school, home and decorative use; Chalk placemats, namely, placemats made of paper with chalkboard finish for school, home and decorative use; Chalk boards for school and home use; Chalkboard easels, namely, easels with chalkboard finish for school, home and decorative use; Chalkboard stickers, namely, stickers with chalkboard finish for school, home and decorative use; Chalkboard tags, namely, paper hang tags and gift tags with chalkboard finish for school, home and decorative use; Craft paper; Crayons; Desk Organizers, namely, pen and pencil trays, calendar desk pads, document file trays; Drawing instruments; Dry erase writing boards; Easels; Fabric glue for household use; Fabric markers for writing on textile; Foam stamps for paper crafting; Iron-on transfer paper, namely, paper used for the transfer of designs; Iron-on transfers; Markers; Memo boards, namely, bulletin boards in the nature of magnetic boards for scheduling activities and appointments; Memory books; Note cards; Office supplies, namely, letter openers, staplers; Paint brushes; Paper; Paper bags; Paper party decorations; Paper goods, namely, paper gift wrap bows, poster boards, paper napkins, paper tablecloths; Paper mats, namely, paper place mats and mat boards for frames, namely, picture framing mat boards; Paper party ornaments; Paper tags; Pastels; Pencil holders; Pencils; Pens; Photo cards, namely, greeting cards that hold photos; Photograph albums; Photograph books in the nature of photo albums, namely, books for collecting and storing photographs; Rubber bands; Rulers, namely drawing rulers; Scrapbook pages; Scrapbooks; Sketchboards in the nature of sketch books and sketch pads, namely, stationery boards for holding sketch paper; Sketch books; Stencils; Stickers; Sticky notes in the nature of adhesive note paper; Wedding albums; Wrapping paper; Stationery; Hobby craft kits for painting comprised primarily of paint brushes, paints, wood, metal, glass, plaster or plastic surface; Hobby craft kits comprised primarily of clay, foam, feathers, beads, wiggly eyes, wood crafts, glue, and tape
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 017 for Plastic foam used for arts and crafts
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: Plastic foam used for arts and crafts; Chalk duct tape, namely, duct tape with chalkboard finish for school, home and decorative useClass 017 for Plastic foam used for arts and crafts; Chalk duct tape, namely, duct tape with chalkboard finish for school, home and decorative use
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 020 for Decorative wall plaques made of plastic, plaster, or wood; Display cases; Figurines of wood, plastic, plaster; Decorative glitter; Decorative mirrors; Party ornaments of plastic; Picture frames; Pillows; Plant stands; Toy chests for crafting, namely, unfinished wood toy chests for personalizing; Wood boxes; Wood crafting surfaces, namely, unfinished wood used in arts and crafts; Wood crates; Wood furniture chests; Wood stools for crafting, namely, unfinished wood stools for personalizing; Wood tables for crafting, namely, unfinished wood tables for personalizing
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: Decorative wall plaques made of plastic, plaster, or wood; Display cases; Figurines of wood, plastic, plaster; Decorative glitter; Decorative mirrors; Party ornaments of plastic; Picture frames; Pillows; Plant stands; Toy chests for crafting, namely, unfinished wood toy chests for personalizing; Wood boxes; Wood crafting surfaces, namely, unfinished wood used in arts and crafts; Wood crafting surfaces, namely, unfinished wood pieces and shapes used in arts and crafts; Wood crates; Wood furniture chests; Wood stools for crafting, namely, unfinished wood stools for personalizing; Wood tables for crafting, namely, unfinished wood tables for personalizingClass 020 for Decorative wall plaques made of plastic, plaster, or wood; Display cases; Figurines of wood, plastic, plaster; Decorative glitter; Decorative mirrors; Party ornaments of plastic; Picture frames; Pillows; Plant stands; Toy chests for crafting, namely, unfinished wood toy chests for personalizing; Wood boxes; Wood crafting surfaces, namely, unfinished wood pieces and shapes used in arts and crafts; Wood crates; Wood furniture chests; Wood stools for crafting, namely, unfinished wood stools for personalizing; Wood tables for crafting, namely, unfinished wood tables for personalizing
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Apothecary glass jars; Bakeware; Baskets for household purposes, not of metal; Beverage glasses, namely, drinking glasses; Candle holders; Ceramic mugs; Containers for household use; Containers made of fabric, namely, collapsible fabric storage containers for domestic use; Containers for household or kitchen use made of non-precious metals; Containers for household or kitchen use made of wicker; Decorative storage items, namely, jars, boxes, plates, dishes, bowls, canisters; Flower pots; Flower vases; Fragrance oil burners; Glass drink dispensers; Glass mosaics, not for buildings; Glass storage containers for domestic or household use; Mugs; Pillar candle plates; Planters for flowers and plants; Plastic storage containers for domestic use; Potpourri dishes; Sponges for household use, namely, for painting; Trays for domestic purposes; Urns; Non-electric candle lanterns for decorative use; glass and ceramic decorative wall plaques
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: Apothecary glass jars; Bakeware; Baskets for household purposes, not of metal; Beverage glasses, namely, drinking glasses; Candle holders; Ceramic mugs; Containers for household use; Containers made of fabric, namely, collapsible fabric storage containers for domestic use; Containers for household or kitchen use made of non-precious metals; Containers for household or kitchen use made of wicker; Decorative storage items, namely, jars, boxes, plates, dishes, bowls, canisters; Decorative plastic and glass household storage items, namely, jars, boxes, plates, dishes, bowls, canisters for storing general household goods; Flower pots; Flower vases; Fragrance oil burners; Glass drink dispensers; Glass mosaics, not for buildings; Glass storage containers for domestic or household use; Mugs; Pillar candle plates; Planters for flowers and plants; Plastic storage containers for domestic use; Potpourri dishes; Sponges for household use, namely, for painting; Trays for domestic purposes; Urns; Non-electric candle lanterns for decorative use; Non-electric candle lanterns in the nature of candle holders for decorative use; glass and ceramic decorative wall plaques; Chalk placemats, namely, placemats, not of paper or textile, with chalkboard finish for school, home and decorative useClass 021 for Apothecary glass jars; Bakeware; Baskets for household purposes, not of metal; Beverage glasses, namely, drinking glasses; Candle holders; Ceramic mugs; Containers for household use; Containers made of fabric, namely, collapsible fabric storage containers for domestic use; Containers for household or kitchen use made of non-precious metals; Containers for household or kitchen use made of wicker; Decorative plastic and glass household storage items, namely, jars, boxes, plates, dishes, bowls, canisters for storing general household goods; Flower pots; Flower vases; Fragrance oil burners; Glass drink dispensers; Glass mosaics, not for buildings; Glass storage containers for domestic or household use; Mugs; Pillar candle plates; Planters for flowers and plants; Plastic storage containers for domestic use; Potpourri dishes; Sponges for household use, namely, for painting; Trays for domestic purposes; Urns; Non-electric candle lanterns in the nature of candle holders for decorative use; glass and ceramic decorative wall plaques; Chalk placemats, namely, placemats, not of paper or textile, with chalkboard finish for school, home and decorative use
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 023 for Embroidery floss; Thread
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: Embroidery floss; Thread; Cross-stitch and embroidery kits consisting primarily of embroidery thread, floss, needles, cloth and embroidery design patternsClass 023 for Embroidery floss; Thread; Cross-stitch and embroidery kits consisting primarily of embroidery thread, floss, needles, cloth and embroidery design patterns
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 024 for Table napkins of textile; Textile placemats; Table cloths not of paper; Burlap laminated on a roll, namely, rolls of burlap fabric
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: Table napkins of textile; Textile placemats; Table cloths not of paper; Burlap laminated on a roll, namely, rolls of burlap fabric; Cross-stitch and embroidery kits consisting primarily of traced cloth for embroidery, embroidery thread, floss, needles and embroidery design patternsClass 024 for Table napkins of textile; Textile placemats; Table cloths not of paper; Burlap laminated on a roll, namely, rolls of burlap fabric; Cross-stitch and embroidery kits consisting primarily of traced cloth for embroidery, embroidery thread, floss, needles and embroidery design patterns
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 026 for Arts and crafts findings, namely, laminated rolled burlap; and burlap bags; Burlap boards, namely, boards covered in burlap for household and school use; burlap panels for art; Crochet hooks; Feathers for ornamentation; Needlepoint kits comprised mainly of needles, thread, patterns, cloth and/or canvas; Quilting and sewing materials comprised mainly of needles, thimbles, scissors, threads, fabric, batting; Rhinestones other than for making jewelry, namely, for clothing; Haberdashery ribbons; ; Ribbons, not of paper, for wrapping
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: Arts and crafts findings, namely, laminated rolled burlap; Arts and crafts findings, namely, laminated rolled burlap, burlap bags, burlap boards, namely, boards covered in burlap for household and school use, and burlap panels for art; and burlap bags; Crochet hooks; Burlap boards, namely, boards covered in burlap for household and school use; Feathers for ornamentation; burlap panels for art; Needlepoint kits comprised mainly of needles, thread, patterns, cloth and canvas; Quilting and sewing materials comprised mainly of needles, thimbles, scissors, threads, fabric, batting; Rhinestones other than for making jewelry, namely, for clothing; Needlepoint kits comprised mainly of needles, thread, patterns, cloth and/or canvas; Haberdashery ribbons; ; Ribbons, not of paper, for wrappingClass 026 for Arts and crafts findings, namely, laminated rolled burlap, burlap bags, burlap boards, namely, boards covered in burlap for household and school use, and burlap panels for art; Crochet hooks; Feathers for ornamentation; Needlepoint kits comprised mainly of needles, thread, patterns, cloth and canvas; Quilting and sewing materials comprised mainly of needles, thimbles, scissors, threads, fabric, batting; Rhinestones other than for making jewelry, namely, for clothing; Haberdashery ribbons; ; Ribbons, not of paper, for wrapping
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 Christmas tree decorations; Christmas tree ornaments; Hobby craft kits for making models, namely, scale model kits; Hobby craft kits for painting comprised primarily of paint brushes, paints, wood, metal, glass, plaster or plastic surface; Hobby craft kits including clay, foam, feathers, beads, wiggly eyes, wood crafts, glue, and tape
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: Christmas tree decorations; Christmas tree ornaments; Hobby craft kits for making models, namely, scale model kits; Hobby craft kits for painting comprised primarily of paint brushes, paints, wood, metal, glass, plaster or plastic surface; Hobby craft kits including clay, foam, feathers, beads, wiggly eyes, wood crafts, glue, and tapeClass 028 for Christmas tree decorations; Christmas tree ornaments; Hobby craft kits for making models, namely, scale model kits
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: Molly Buck Richard. Molly Buck Richard of RICHARD LAW GROUP, is located at

      13355 NOEL ROAD, SUITE 1350
      DALLAS, Texas 75240
      US
The docket/reference number is MICH-0162.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com

The applicants proposed attorney information: Molly Buck Richard. Other appointed attorneys are James F. Struthers, David J. Diamond. Molly Buck Richard of RICHARD LAW GROUP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      13355 NOEL ROAD, SUITE 1350
      DALLAS, Texas 75240
      United States
The docket/reference number is MICH-0162.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com

Molly Buck Richard 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: MOLLY BUCK RICHARD. MOLLY BUCK RICHARD of RICHARD LAW GROUP, is located at

      13355 NOEL ROAD, SUITE 1350
      DALLAS, Texas 75240
      US
The docket/reference number is MICH-0162.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com

The applicants proposed correspondence information: Molly Buck Richard. Molly Buck Richard of RICHARD LAW GROUP, is located at

      13355 NOEL ROAD, SUITE 1350
      DALLAS, Texas 75240
      United States
The docket/reference number is MICH-0162.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has amended the goods as requested. A few comments concerning these changes are listed below. With regard to the previous amendment made in IC 2 (watercolor paints). This is not beyond the initial scope as "watercolors" was previously in IC 16 and amended/reclassified to IC 2 per the Examiner's suggestion. With regard to the amendment in IC 6, the term "decorative wall plaques" was previously in IC 20. These goods were amended and reclassified based on the materials they were made of. It is our understanding that metal wall plaques fall in IC 6 while those made of plastic, plaster or wood fall in IC 20. The amendment in IC 11 was made per the Examiner's earlier suggestion. With regard to the amendment in IC 16, the goods "chalk clipboard, chalk clips" were in the original description. These terms were clarified and amended to read "Chalkboards with clips attached for school, home and decorative use." It is not believe that this expanded the initial scope as "chalkboard" was also in the ID and this term has been amended to include "for school and home use." For the amendment of "chalk placemats, namely, placemats with chalkboard finish for school, home and decorative use," we have amended the goods to clarify what they are made of (paper in IC 16, plastic in IC 21). "Cross-stitch and embroidery kits" have been reclassified in IC 23 and 24. "Filing trays" under "desk organizers" has been amended to read "filing document file trays" and "organizer cubbies" have been deleted. The "memo boards, namely, bulletin boards" have been clarified. Note that "paper goods and printed materials" was in the initial scope which the Applicant clarified in the 2019 amendment. However, we incorrectly identified "paper napkins, paper tablecloths" on their own which it should have been designated under "paper goods." This broad terminology has been amended to read properly ("paper goods, namely, paper gift wrap bows, poster boards, paper napkins, paper tablecloths" and "printed materials" has been deleted.) If the Examiner has any questions on the foregoing amendments, it might be easier to discuss via telephone.


SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Molly Buck Richard/     Date: 01/14/2020
Signatory's Name: Molly Buck Richard
Signatory's Position: Attorney of record, Texas Bar member

Signatory's Phone Number: 214 206 4300

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.

Mailing Address:    MOLLY BUCK RICHARD
   RICHARD LAW GROUP
   
   13355 NOEL ROAD, SUITE 1350
   DALLAS, Texas 75240
Mailing Address:    Molly Buck Richard
   RICHARD LAW GROUP
   13355 NOEL ROAD, SUITE 1350
   DALLAS, Texas 75240
        
Serial Number: 88104936
Internet Transmission Date: Tue Jan 14 16:47:19 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020011416471932
0981-88104936-700d8e5f4a34e55aae94b4d9aa
fb2ce96c47be92b125d505bbeb2c2ec19fe4961-
N/A-N/A-20200114154949419150