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)

---

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:

Current:
Class 011 for (Based on Intent to Use) 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.


Proposed:

Tracked Text Description: (Based on Intent to Use) 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 oilClass 011 for (Based on Intent to Use) Electric candle warmers; Decorative electric lights, namely, string lights, electrically-illuminated lanterns and LED light strips, all for 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:

Current:
Class 016 for (Based on Intent to Use) 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.


Proposed:

Tracked Text Description: (Based on Intent to Use) 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; Hobby craft kits comprised primarily of modeling clay, foam, feathers, beads, wiggly eyes, wood crafts, glue, and tapeClass 016 for (Based on Intent to Use) 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 modeling 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:

Current:
Class 020 for (Based on 44(d) Priority Application) (Based on Intent to Use) 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.

Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.


Proposed:
Class 020 for (Based on 44(d) Priority Application) (Based on Intent to Use) 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
Deleted Filing Basis: 44(d)
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Michaels Stores Procurement Company, Inc., a corporation of Delaware, having an address of
      8000 Bent Branch Drive
      Irving, Texas 75063
      United States

Proposed: Michaels Stores Procurement Company, Inc., a corporation of Delaware, having an address of
      8000 Bent Branch Drive
      Irving, Texas 75063
      United States
      Email Address: XXXX
Correspondence Information (current):
      Molly Buck Richard
      PRIMARY EMAIL FOR CORRESPONDENCE: clarissa@richardlawgroup.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is MICH-0162.
Correspondence Information (proposed):
      Molly Buck Richard
      PRIMARY EMAIL FOR CORRESPONDENCE: clarissa@richardlawgroup.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trina@richardlawgroup.com

The docket/reference number is MICH-0162.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: 08/14/2020
Signatory's Name: Molly Buck Richard
Signatory's Position: Attorney of record, Texas Bar member

Signatory's Phone Number: 2142064301

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: Fri Aug 14 12:33:36 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020081412333632
9273-88104936-7403fe398e546aa3dbd69bc8aa
5d59e312fe4d873ae7baae4f9f46b272fd45fd-N
/A-N/A-20200814121024575379