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. 88131661 QP (Stylized and/or with Design, see http://uspto.report/TM/88131661/mark.png) has been amended as follows:

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

Please see actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Argument text has been attached.
Original PDF file:
evi_1-198255240239-20190708170332257858_._vFile_NFOA_Response_re_88131661.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Clothing, namely, Sweaters, pullovers, Shirts, Suits, Trousers, waistcoats, vests, Dresses, Topcoats, Jackets as clothing, tee-shirts, Ponchos, Underwear, Pajamas, Children's clothing, namely, tops and pants, Windbreaker, Layettes as clothing, Babies' pants as clothing, Bathing trunks, Swimsuits, Raincoats, Gloves as clothing, Rain cape, Mittens, Shawls, Scarfs; footwear; headgear, namely, Bathing caps, Berets, Caps as headwear, ear muffs; Stockings; Socks; Panty hose; Ankle socks

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Children's car seats; Baby carriages; Small wagons for children; Child safety harnesses for vehicle seats; Prams; Electric cars; Tricycles; Bicycles; Scooters; tires; Bicycle pumps; Motor cycles; Luggage racks for motor cars; Motorized luggage carts; electric cars for children
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 01/00/2016 and first used in commerce at least as early as 01/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Children's car seats; Baby carriages; Small wagons for children; Child safety harnesses for vehicle seats; Prams; Electric cars; Tricycles; Tricycles, not being toys; Bicycles; Scooters; Motor Scooters; Mobility Scooters; tires; Bicycle pumps; Motor cycles; Luggage racks for motor cars; Motorized luggage carts; electric cars for childrenClass 012 for Children's car seats; Baby carriages; Small wagons for children; Child safety harnesses for vehicle seats; Prams; Electric cars; Tricycles, not being toys; Bicycles; Motor Scooters; Mobility Scooters; tires; Bicycle pumps; Motor cycles; Luggage racks for motor cars; Motorized luggage carts; electric cars for children
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 01/00/2016 and first used in commerce at least as early as 01/00/2016 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Games and playthings, namely, ride on toys, Building blocks as toys, Play balloons, Dominoes, Dolls, Scooters as toys, Stuffed toys, Toy models, Smart toys, namely, electronic learning toys and electric action toys, Toy watch, gymnastic and sporting articles, namely, Billiard balls, Billiard table cushions, Knee guards as sports articles, Elbow guards as sports articles; decorations for Christmas trees
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 09/01/2018 and first used in commerce at least as early as 09/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Games and playthings, namely, ride on toys, Building blocks as toys, Play balloons, Dominoes, Dolls, Scooters as toys, Stuffed toys, Toy models, Smart toys, namely, electronic learning toys and electric action toys, Toy watch, gymnastic and sporting articles, namely, Billiard balls, Billiard table cushions, Knee guards as sports articles, Elbow guards as sports articles; Games and playthings, namely, ride on toys, Building blocks as toys, Play balloons, Dominoes, Dolls, Scooters as toys, Stuffed toys, Toy models, Smart toys, namely, electronic learning toys and electric action toys, Toy watches, gymnastic and sporting articles, namely, Billiard balls, Billiard table cushions, Knee guards for athletic use; Elbow guards for athletic use; decorations for Christmas trees; toy tricycles for children; toy scooters; children's ride-on toy vehiclesClass 028 for Games and playthings, namely, ride on toys, Building blocks as toys, Play balloons, Dominoes, Dolls, Scooters as toys, Stuffed toys, Toy models, Smart toys, namely, electronic learning toys and electric action toys, Toy watches, gymnastic and sporting articles, namely, Billiard balls, Billiard table cushions, Knee guards for athletic use; Elbow guards for athletic use; decorations for Christmas trees; toy tricycles for children; toy scooters; children's ride-on toy vehicles
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 09/01/2018 and first used in commerce at least as early as 09/01/2018 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Sean L. Sweeney/     Date: 07/08/2019
Signatory's Name: Sean L. Sweeney
Signatory's Position: Attorney of record, Maine bar member

Signatory's Phone Number: 207-221-6100

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: 88131661
Internet Transmission Date: Mon Jul 08 17:16:49 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190708171649
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6fec41ea57ce5889a5d53c64505ecacc11f46d12
d7-N/A-N/A-20190708170332257858