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 |
88130349 |
LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
MARK SECTION |
MARK |
http://uspto.report/TM/88130349/mark.png |
LITERAL ELEMENT |
LADYBIRD |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
In response to the Office Action sent on December 26, 2018, we have amended the identification of goods. With respect to the wording "Fiction and
non-fiction audiobooks on a variety of topics," and "downloadable non-fiction e- books on a variety of topics; downloadable fiction e-books on a variety of topics," the Trademark ID Manual states
that this wording is acceptable for publisher's housemark, such as LADYBIRD. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Audiobooks; podcasts; sound and/or video recordings; downloadable publications; CDs; electronic games; computer games; computer
software; downloadable applications and games; mobile applications and games |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/00/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/00/2010 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Audiobooks; Fiction and non-fiction audiobooks on a variety of
topics; podcasts; podcasts in the field of children's education or entertainment; sound and/or video recordings; sound and/or video recordings in the field of children's education or entertainment; downloadable publications; downloadable publications namely posters, newsletters, catalogues, activity sheets, lesson plans, books, resource packs in
the field of children's education or entertainment; CDs; downloadable non-fiction e-books on a variety of topics;
electronic games; downloadable fiction e-books on a variety of topics; computer
games; CDs in the field of children's education or entertainment; computer software; computer games in the field of children's education or entertainment; downloadable applications and games; downloadable applications and games in the field of children's education or entertainment; mobile applications and games; mobile applications and games in the field of children's education or entertainment |
FINAL DESCRIPTION |
Fiction and non-fiction audiobooks on a variety of topics; podcasts in the field of children's education or entertainment; sound and/or
video recordings in the field of children's education or entertainment; downloadable publications namely posters, newsletters, catalogues, activity sheets, lesson plans, books, resource packs in the
field of children's education or entertainment; downloadable non-fiction e-books on a variety of topics; downloadable fiction e-books on a variety of topics; CDs in the field of children's education
or entertainment; computer games in the field of children's education or entertainment; downloadable applications and games in the field of children's education or entertainment; mobile applications
and games in the field of children's education or entertainment |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/00/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/00/2010 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Ronald S. Kadden/ |
SIGNATORY'S NAME |
Ronald S. Kadden |
SIGNATORY'S POSITION |
Attorney of record, New York Bar member |
SIGNATORY'S PHONE NUMBER |
212-661-1400 |
DATE SIGNED |
03/06/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Mar 06 17:12:31 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XX-20
190306171231323072-881303
49-6209d3cf58d5b6c1d0cb70
49bf3a352515bc2ae67f7fd94
de66156473d294ce9-N/A-N/A
-20190306170249520622 |
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.
88130349 LADYBIRD(Standard Characters, see http://uspto.report/TM/88130349/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In response to the Office Action sent on December 26, 2018, we have amended the identification of goods. With respect to the wording "Fiction and non-fiction audiobooks on a variety of topics," and
"downloadable non-fiction e- books on a variety of topics; downloadable fiction e-books on a variety of topics," the Trademark ID Manual states that this wording is acceptable for publisher's
housemark, such as LADYBIRD.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Audiobooks; podcasts; sound and/or video recordings; downloadable publications; CDs; electronic games; computer games; computer software; downloadable applications and
games; mobile applications and games
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/00/2010 and first used in commerce at least as early as 08/00/2010 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Audiobooks;
Fiction and non-fiction audiobooks on a variety of topics;
podcasts;
podcasts in the field of children's education or entertainment;
sound and/or video
recordings;
sound and/or video recordings in the field of children's education or entertainment;
downloadable
publications;
downloadable publications namely posters, newsletters, catalogues, activity sheets, lesson plans, books, resource packs in the field of children's
education or entertainment;
CDs;
downloadable non-fiction e-books on a variety of topics;
electronic games;
downloadable fiction e-books on a variety of topics;
computer games;
CDs in the field of children's education or entertainment;
computer software;
computer games in the field
of children's education or entertainment;
downloadable applications and games;
downloadable applications and games in the
field of children's education or entertainment;
mobile applications and games;
mobile applications and games in the field
of children's education or entertainmentClass 009 for Fiction and non-fiction audiobooks on a variety of topics; podcasts in the field of children's education or entertainment; sound and/or
video recordings in the field of children's education or entertainment; downloadable publications namely posters, newsletters, catalogues, activity sheets, lesson plans, books, resource packs in the
field of children's education or entertainment; downloadable non-fiction e-books on a variety of topics; downloadable fiction e-books on a variety of topics; CDs in the field of children's education
or entertainment; computer games in the field of children's education or entertainment; downloadable applications and games in the field of children's education or entertainment; mobile applications
and games in the field of children's education or entertainment
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/00/2010 and first used in commerce at least as early as 08/00/2010 , and
is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Ronald S. Kadden/ Date: 03/06/2019
Signatory's Name: Ronald S. Kadden
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 212-661-1400
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: 88130349
Internet Transmission Date: Wed Mar 06 17:12:31 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20190306171231323
072-88130349-6209d3cf58d5b6c1d0cb7049bf3
a352515bc2ae67f7fd94de66156473d294ce9-N/
A-N/A-20190306170249520622