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. 88191713 LIGHT UP LAND(Standard Characters, see http://uspto.report/TM/88191713/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicant's arguments in response to the Office Action dated February 22, 2019 has been attached.
Original PDF file:
evi_38122142210-20190821102036530752_._OfficeAction_Response_Due_08-22-19_Final.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for entertainment services, namely, providing an entertainment experience including music, dancing, and bubbles; wholesale distributorship selling light up toys and novelty light up items to owners of amusement parks, theme parks, resorts and attractions
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: entertainment services, namely, providing an entertainment experience including music, dancing, and bubbles; entertainment services, namely, live visual and audio performances in the nature of music shows, dancing shows, and bubble shows; wholesale distributorship selling light up toys and novelty light up items to owners of amusement parks, theme parks, resorts and attractions; wholesale distributorship featuring light up toys and novelty light up goods to owners of amusement parks, theme parks, resorts and attractionsClass 035 for entertainment services, namely, live visual and audio performances in the nature of music shows, dancing shows, and bubble shows; wholesale distributorship featuring light up toys and novelty light up goods to owners of amusement parks, theme parks, resorts and attractions
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for retail store services featuring novelty light up toys and novelty light up and bubble items
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: retail store services featuring novelty light up toys and novelty light up and bubble items; retail store services featuring novelty light up toys and novelty light up and bubble goodsClass 041 for retail store services featuring novelty light up toys and novelty light up and bubble goods
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: Scott R. Cox. Scott R. Cox of LYNCH, COX, GILMAN & GOODMAN, P.S.C., is located at

      SUITE 2100
      500 WEST JEFFERSON STREET
      LOUISVILLE, Kentucky 40202
      US
The docket/reference number is T-868.

The phone number is 502-589-4215.

The fax number is 5025894994.

The email address is scox@lynchcox.com

The applicants proposed attorney information: Scott R. Cox. Scott R. Cox of LYNCH, COX, GILMAN & GOODMAN, P.S.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 2100
      500 WEST JEFFERSON STREET
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is T-868.

The phone number is 502-589-4215.

The fax number is 5025894994.

The email address is scox@lynchcox.com

Scott R. Cox 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: SCOTT R. COX. SCOTT R. COX of LYNCH, COX, GILMAN & GOODMAN, P.S.C., is located at

      SUITE 2100
      500 WEST JEFFERSON STREET
      LOUISVILLE, Kentucky 40202
      US
The docket/reference number is T-868.

The phone number is 502-589-4215.

The fax number is 5025894994.

The email address is scox@lynchcox.com; jlindner@lynchcox.com; hhart@lynchcox.com

The applicants proposed correspondence information: Scott R. Cox. Scott R. Cox of LYNCH, COX, GILMAN & GOODMAN, P.S.C., is located at

      SUITE 2100
      500 WEST JEFFERSON STREET
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is T-868.

The phone number is 502-589-4215.

The fax number is 5025894994.

The email address is scox@lynchcox.com; jlindner@lynchcox.com; hhart@lynchcox.com

SIGNATURE(S)
Response Signature
Signature: /Scott R. Cox/     Date: 08/21/2019
Signatory's Name: Scott R. Cox
Signatory's Position: Attorney of record, Kentucky bar member

Signatory's Phone Number: 5025894215

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:    SCOTT R. COX
   LYNCH, COX, GILMAN & GOODMAN, P.S.C.
   SUITE 2100
   500 WEST JEFFERSON STREET
   LOUISVILLE, Kentucky 40202
Mailing Address:    Scott R. Cox
   LYNCH, COX, GILMAN & GOODMAN, P.S.C.
   SUITE 2100
   500 WEST JEFFERSON STREET
   LOUISVILLE, Kentucky 40202
        
Serial Number: 88191713
Internet Transmission Date: Wed Aug 21 10:34:54 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908211034547
35277-88191713-610c814bd57831aa0fb1724a9
d213ced2b6117791ed052f154c5583c32d8e53d4
8-N/A-N/A-20190821102036530752