TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88227645

Filing Date: 12/13/2018

To the Commissioner for Trademarks:

MARK: BABY GUND (Standard Characters, see mark)
The literal element of the mark consists of BABY GUND.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Spin Master, Inc., a corporation of Delaware, having an address of
      300 International Drive, Suite 100
      PMB #10053
      Williamsville, New York 14221
      United States
      XXXX (not authorized)

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 003:  cosmetics; soaps; perfumery; essential oils; hair lotions; toiletries; cleaning preparations
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 017946923, filed 08/24/2018.
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.


       International Class 016:  printed matter; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; photo albums, children's books, growth charts and keepsake boxes
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 017946923, filed 08/24/2018.
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.


       International Class 020:  furniture, mirrors, picture frames; pillows, step stool, decorative door hangers and door hanger pillows
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 017946923, filed 08/24/2018.
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.


       International Class 024:  textiles and textile goods, not included in other classes; bed and table covers; blanket throws, children's blankets, towels, fabric diaper stackers, diaper changing pads and quilts
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 017946923, filed 08/24/2018.
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.


       International Class 028:  games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees; musical toys; play mats incorporating infant toys; dolls; accessories and clothing for dolls; toy building blocks; jigsaw puzzles and stacking toys
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 017946923, filed 08/24/2018.
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.


       International Class 025:  children's and infant's clothing, namely, shorts, short sets, tops, bottoms, dresses, coveralls, rompers, creepers, overalls, overall sets comprised of overall and top; infant's and children's underwear, shortalls, shortall sets comprised of shortall and top; t-shirts, three-piece sets consisting of diaper shirts, tops and bottoms; coordinating sets consisting of tops and bottoms; layette sets comprised of gown and cap, top and pant, cardigan, top and pant, shortall and top, overall and top, cardigan and pant, creeper and pant, creeper and shorts or coveralls and blanket; sleepwear; jackets, zippered pullover jackets, windsuits, buntings, snowsuits, raincoats, slickers, ponchos, rain jackets, rain suits, swim suits, swim cover-ups; swimwear sets consisting of swimsuit or swim trunks and cover-up; short sets consisting of shorts and tops; gift sets comprised of infants/toddler clothing and plush toys; clothing gift sets comprised of a combination of two or more of the following- shorts, tops, bottoms, dresses, coveralls, rompers, creepers, overalls, shortalls, t-shirts, shirts, sweaters and/or pants; booties; baby bibs not of paper, socks; footwear; cloth bibs
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 017946923, filed 08/24/2018.
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.



The applicant's current Attorney Information:
      Marc P. Misthal and George Gottlieb, Allen I. Rubenstein, Jeffrey M. Kaden, Tiberiu Weisz, Maria A. Savio, Jonathan M. Purow, Barry R. Lewin, Mitchell S. Feller, Jason R. Wachter, Donna L. Mirman, Gloria Tsui-Yip, David D. Rodrigues, Wendi Opper Uzar, Alice Denenberg, and Robert Feinland of Gottlieb, Rackman & Reisman, P.C.
      8th Floor
      270 Madison Avenue
      New York, New York 10016
      United States
      212-684-3900(phone)
      212-684-3999(fax)
      efiling@grr.com (authorized)

The applicant's current Correspondence Information:

Marc P. Misthal

Gottlieb, Rackman & Reisman, P.C.

8th Floor       270 Madison Avenue

New York, New York 10016

212-684-3900(phone)

212-684-3999(fax)

efiling@grr.com;eleiter@grr.com; mmisthal@grr.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1650 has been submitted with the application, representing payment for 6 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Katy Davis/   Date: 12/12/2018
Signatory's Name: Katy Davis
Signatory's Position: Director of Trademarks
Payment Sale Number: 88227645
Payment Accounting Date: 12/13/2018

Serial Number: 88227645
Internet Transmission Date: Thu Dec 13 09:02:38 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201812130902388
57040-88227645-61020cceff792ecff31a958f2
e0f8b85d18097cbcd6dc41549bb88843791d6708
f-ET-11024-20181204100631010062