Trademark/Service Mark Application, Principal Register
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
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
*IDENTIFICATION
printed matter; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; photo albums,
children's books, growth charts and keepsake boxes
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
017946923
FOREIGN APPLICATION
COUNTRY
European Union Trademark - EUTM
FOREIGN FILING DATE
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
*IDENTIFICATION
furniture, mirrors, picture frames; pillows, step stool, decorative door hangers and door hanger pillows
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
017946923
FOREIGN APPLICATION
COUNTRY
European Union Trademark - EUTM
FOREIGN FILING DATE
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
*IDENTIFICATION
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
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
017946923
FOREIGN APPLICATION
COUNTRY
European Union Trademark - EUTM
FOREIGN FILING DATE
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
*IDENTIFICATION
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
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
017946923
FOREIGN APPLICATION
COUNTRY
European Union Trademark - EUTM
FOREIGN FILING DATE
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
*IDENTIFICATION
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
FILING BASIS
SECTION 1(b)
FILING BASIS
SECTION 44(d)
FOREIGN APPLICATION NUMBER
017946923
FOREIGN APPLICATION
COUNTRY
European Union Trademark - EUTM
FOREIGN FILING DATE
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.
ATTORNEY INFORMATION
NAME
Marc P. Misthal
FIRM NAME
Gottlieb, Rackman & Reisman, P.C.
INTERNAL ADDRESS
8th Floor
STREET
270 Madison Avenue
CITY
New York
STATE
New York
COUNTRY
United States
ZIP/POSTAL CODE
10016
PHONE
212-684-3900
FAX
212-684-3999
EMAIL ADDRESS
efiling@grr.com
AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
OTHER APPOINTED ATTORNEY
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
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
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