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. 88228807 ABBY HATCHER(Standard Characters, see http://uspto.report/TM/88228807/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Paper, cardboard and goods made from these materials, namely, paper goodie bags, cardboard boxes, drawing paper, craft paper, wrapping paper and decorative paper; coloring books, notebooks, sketchbooks, sticker books, stickers; drawing and coloring templates; stationery namely crayons and markers; books and publications, namely, books, magazines and comic books featuring animation
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: Paper, cardboard and goods made from these materials, namely, paper goodie bags, cardboard boxes, drawing paper, craft paper, wrapping paper and decorative paper; Paper, cardboard and goods made from these materials, namely, paper goodie bags, cardboard boxes, drawing paper, craft paper, wrapping paper and paper party decorations; coloring books, notebooks, sketchbooks, sticker books, stickers; drawing and coloring templates; stationery namely crayons and markers; stationery, namely, crayons and markers; books and publications, namely, books, magazines and comic books featuring animationClass 016 for Paper, cardboard and goods made from these materials, namely, paper goodie bags, cardboard boxes, drawing paper, craft paper, wrapping paper and paper party decorations; coloring books, notebooks, sketchbooks, sticker books, stickers; drawing and coloring templates; stationery, namely, crayons and markers; books and publications, namely, books, magazines and comic books featuring animation
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:

Current:
Class 018 for Umbrellas; luggage tags; tote bags; carry-all bags; lunch bags of nylon and canvas; backpacks; rucksacks; school bags; fanny packs; messenger bags; handbags; wallets and purses; athletic bags; travel bags; knapsacks; change purses; duffle bags; beach bags
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: Umbrellas; luggage tags; tote bags; carry-all bags; lunch bags of nylon and canvas; backpacks; rucksacks; school bags; fanny packs; messenger bags; handbags; wallets and purses; athletic bags; travel bags; knapsacks; change purses; duffle bags; beach bagsClass 018 for Umbrellas; luggage tags; tote bags; carry-all bags; backpacks; rucksacks; school bags; fanny packs; messenger bags; handbags; wallets and purses; athletic bags; travel bags; knapsacks; change purses; duffle bags; beach bags
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:

Current:
Class 021 for Bowls; lunch boxes; lunch bags not of paper; plates; household containers for food; drinking glasses; cups; mugs; hair brushes and combs; toothbrushes
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: Bowls; lunch boxes; lunch bags not of paper; plates; household containers for food; drinking glasses; cups; mugs; hair brushes and combs; toothbrushes; lunch bags of nylon and canvasClass 021 for Bowls; lunch boxes; lunch bags not of paper; plates; household containers for food; drinking glasses; cups; mugs; hair brushes and combs; toothbrushes; lunch bags of nylon and canvas
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:

Current:
Class 025 for Clothing, namely, children's clothing in the nature of shirts, pant , shorts, sweatshirts, dresses, t-shirts, skirts, jackets, sleep wear and undergarments; footwear, namely, children's footwear; headgear, namely, hats, caps, head bands and earmuffs
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: Clothing, namely, children's clothing in the nature of shirts, pant , shorts, sweatshirts, dresses, t-shirts, skirts, jackets, sleep wear and undergarments; Clothing, namely, children's clothing in the nature of shirts, pants, shorts, sweatshirts, dresses, t-shirts, skirts, jackets, sleep wear and undergarments; footwear, namely, children's footwear; headgear, namely, hats, caps, head bands and earmuffs; headwear, namely, hats, caps, head bands and earmuffsClass 025 for Clothing, namely, children's clothing in the nature of shirts, pants, shorts, sweatshirts, dresses, t-shirts, skirts, jackets, sleep wear and undergarments; footwear, namely, children's footwear; headwear, namely, hats, caps, head bands and earmuffs
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:

Current:
Class 028 for Toys, games and playthings namely, dolls and accessories therefor; plush toys, stuffed toys, toy vehicles, ride-on toys, toy character figures and toy animal figures; toy figures and playsets for toy figures, toy pets and accessories therefor, modeled plastic toy figurines; children's multiple activity toys, puzzles, board games, children's educational games for developing fine motor skills, children's educational games for developing counting skills, electronic educational game machines for children, party balloons, pinatas, paper party favors; party favors in the nature of small toys, paper party hats; party games; bath toys
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: Toys, games and playthings namely, dolls and accessories therefor; plush toys, stuffed toys, toy vehicles, ride-on toys, toy character figures and toy animal figures; plush toys; toy figures and playsets for toy figures, toy pets and accessories therefor, modeled plastic toy figurines; stuffed toys; children's multiple activity toys, puzzles, board games, children's educational games for developing fine motor skills, children's educational games for developing counting skills, electronic educational game machines for children, party balloons, pinatas, paper party favors; toy vehicles; party favors in the nature of small toys, paper party hats; ride-on toys; toy character figures and toy animal figures; toy figures and playsets for toy figures; toy pets and accessories therefor; modeled plastic toy figurines; children's multiple activity toys; puzzles; board games; children's educational games for developing fine motor skills; children's educational games for developing counting skills; electronic educational game machines for children; party balloons; pinatas; paper party favors; party favors in the nature of small toys; paper party hats; party games; bath toysClass 028 for Toys, games and playthings namely, dolls and accessories therefor; plush toys; stuffed toys; toy vehicles; ride-on toys; toy character figures and toy animal figures; toy figures and playsets for toy figures; toy pets and accessories therefor; modeled plastic toy figurines; children's multiple activity toys; puzzles; board games; children's educational games for developing fine motor skills; children's educational games for developing counting skills; electronic educational game machines for children; party balloons; pinatas; paper party favors; party favors in the nature of small toys; paper party hats; party games; bath toys
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:

Current:
Class 041 for Entertainment services namely entertainment services relating to television shows in the field of children's entertainment; entertainment in the nature of ongoing television programs in the field of children's entertainment; entertainment services, namely, providing webcasts in the field of children's entertainment; presentation of live performances in the field of children's entertainment; production of shows in the field of children's entertainment; organization of shows for entertainment purposes
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 entertainment services relating to television shows in the field of children's entertainment; Entertainment services, namely, providing information relating to the distribution of television shows in the field of children's entertainment; entertainment in the nature of ongoing television programs in the field of children's entertainment; entertainment services, namely, providing webcasts in the field of children's entertainment; presentation of live performances in the field of children's entertainment; presentation of live show performances in the field of children's entertainment; production of shows in the field of children's entertainment; production of television shows in the field of children's entertainment; organization of shows for entertainment purposes; organization of exhibitions for entertainment purposesClass 041 for Entertainment services, namely, providing information relating to the distribution of television shows in the field of children's entertainment; entertainment in the nature of ongoing television programs in the field of children's entertainment; entertainment services, namely, providing webcasts in the field of children's entertainment; presentation of live show performances in the field of children's entertainment; production of television shows in the field of children's entertainment; organization of exhibitions for entertainment purposes
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 owner's/holder's proposed attorney information: Jason M. Drangel. Recognized Canadian attorney(s)/agent(s) is/are Katy Davis. Jason M. Drangel of Epstein Drangel LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      60 East 42nd Street, Suite 2520
      New York, New York 10165
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
      The phone number is 212-292-5390.
      The email address is mail@ipcounselors.com

Jason M. Drangel 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.Correspondence Information (current):
      LORRAINE DEVITT
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@spinmaster.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Jason M. Drangel
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@ipcounselors.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@spinmaster.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Jason Drangel/     Date: 02/25/2020
Signatory's Name: Jason Drangel
Signatory's Position: Attorney of Record

Signatory's Phone Number: 212 292 5390

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:    LORRAINE DEVITT
   SPIN MASTER LTD.
   
   225 KING STREET WEST, SUITE 200
   TORONTO, ONTARIO, M5V3M2
Mailing Address:    Jason M. Drangel
   Epstein Drangel LLP
   60 East 42nd Street, Suite 2520
   New York, New York 10165
        
Serial Number: 88228807
Internet Transmission Date: Tue Feb 25 14:01:29 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202002251401293
32625-88228807-710cf26df687fded0d815da56
954cc0fa1936f3e1483ebb1d8437e246c14352d5
8-N/A-N/A-20200225133520295033