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)

---

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. 88253529 WILD PLANET(Standard Characters, see http://uspto.report/TM/88253529/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Games and playthings, namely, toy explorer sets, toy listening devices, toy telescopes and microscopes, toy gloves, toy communications devices, toy bug collecting kits, toy periscopes, toy flashlights, toy planetariums, toy canteens, toy battery belt, toy microphone/loudspeaker, toy walkie/talkies, toy construction sets, toy flying devices, toy watches and toy lanterns, action figures and accessories therefor, electronic action toys, stuffed animals, aerodynamic disks used for playing catching games, toy musical instruments, playground balls, toy construction blocks, board games, toy science kits, dolls and doll accessories, kites, costume masks, toy mobiles, model airplanes, toy thermometers, rubber action balls, observation toys, sculpture toys, water toys and toy barometers
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 000522094 registered 06/03/1999 with a renewal date of 05/04/2017 and an expiration date of 04/17/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Games and playthings, namely, toy explorer sets, toy listening devices, toy telescopes and microscopes, toy gloves, toy communications devices, toy bug collecting kits, toy periscopes, toy flashlights, toy planetariums, toy canteens, toy battery belt, toy microphone/loudspeaker, toy walkie/talkies, toy construction sets, toy flying devices, toy watches and toy lanterns, action figures and accessories therefor, electronic action toys, stuffed animals, aerodynamic disks used for playing catching games, toy musical instruments, playground balls, toy construction blocks, board games, toy science kits, dolls and doll accessories, kites, costume masks, toy mobiles, model airplanes, toy thermometers, rubber action balls, observation toys, sculpture toys, water toys and toy barometers; Games and playthings, namely, toy explorer sets comprised of toy magnifying glasses, toy compass and toy binocular set; toy listening devices, toy telescopes and microscopes, toy gloves, toy communications devices in the nature of toy phones and small wireless two-way radios, toy bug collecting kits comprised of toy butterfly net, tweezers, bug carriers for collecting insects; toy periscopes, toy flashlights, toy planetariums, toy canteens, toy battery belt, toy microphone and loudspeaker, toy walkie-talkies, toy construction sets, toy watches and toy lanterns, action figures and accessories therefor, electronic action toys, stuffed toy animals, aerodynamic disks used for playing catching games, toy musical instruments, playground balls, toy construction blocks, board games, toy science kits comprised of toy utensils, beakers, flasks, stirrers and toy microscopes; dolls and doll accessories, kites, costume masks, toy mobiles, scale model airplanes, toy thermometers, rubber action balls, observation toys in the nature of, toy telescopes, toy microscopes, toy periscopes, toy binoculars, and combination toy telescopes/microscopes; soft sculpture toys, water toys and toy barometersClass 028 for Games and playthings, namely, toy explorer sets comprised of toy magnifying glasses, toy compass and toy binocular set; toy listening devices, toy telescopes and microscopes, toy gloves, toy communications devices in the nature of toy phones and small wireless two-way radios, toy bug collecting kits comprised of toy butterfly net, tweezers, bug carriers for collecting insects; toy periscopes, toy flashlights, toy planetariums, toy canteens, toy battery belt, toy microphone and loudspeaker, toy walkie-talkies, toy construction sets, toy watches and toy lanterns, action figures and accessories therefor, electronic action toys, stuffed toy animals, aerodynamic disks used for playing catching games, toy musical instruments, playground balls, toy construction blocks, board games, toy science kits comprised of toy utensils, beakers, flasks, stirrers and toy microscopes; dolls and doll accessories, kites, costume masks, toy mobiles, scale model airplanes, toy thermometers, rubber action balls, observation toys in the nature of, toy telescopes, toy microscopes, toy periscopes, toy binoculars, and combination toy telescopes/microscopes; soft sculpture toys, water toys and toy barometers
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 000522094 registered 06/03/1999 with a renewal date of 05/04/2017 and an expiration date of 04/17/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant hereby appoints Jason M. Drangel. Other appointed attorneys are Lorraine Devitt. 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
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.
The applicant's current correspondence information: KATY DAVIS. KATY DAVIS of SPIN MASTER LTD., is located at

      225 KING STREET WEST, SUITE 200
      TORONTO, ONTARIO, M5V3M2
      CA

The phone number is +1-4163646002.

The email address is trademarks@spinmaster.com

The applicants proposed correspondence information: Jason M. Drangel. Jason M. Drangel of Epstein Drangel LLP, is located at

      60 East 42nd Street, Suite 2520
      New York, New York 10165
      United States

The phone number is 212-292-5390.

The email address is mail@ipcounselors.com; trademarks@spinmaster.com

SIGNATURE(S)
Response Signature
Signature: /Jason Drangel/     Date: 09/03/2019
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:    KATY DAVIS
   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: 88253529
Internet Transmission Date: Tue Sep 03 16:04:44 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201909031604440
07659-88253529-610de1df580f6eb5977b85996
e4d2f49c43c6f07997b1b6c1809634d9661fcf9c
e-N/A-N/A-20190903155411869385