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

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant encloses a copy of its Certificate of Renewal of its Canadian registration.

EVIDENCE

Original PDF file:
evi_2604200012002edcd3dc1 d478942164-20200406154307 027367_._WILD_PLANET_Rene wal_-_CA__003_.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 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. 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 comprised of toy magnifying glasses, toy compass and toy binocular set; Toy flashlights, toy canteens, toy battery belt, observation toys in the nature of combination toy telescopes/microscopes; 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 Toy flashlights, toy canteens, toy battery belt, observation toys in the nature of combination toy telescopes/microscopes
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number 0763607 registered 07/16/1998 with a renewal date of 07/16/2013 and an expiration date of 07/16/2028 ], 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 owner's/holder's current attorney information: Jason M. Drangel. Jason M. Drangel of Epstein Drangel LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, 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

The owner's/holder's proposed attorney information: Jason M. Drangel. Other appointed attorneys are William C. Wright, Annmary Ittan, Sam Kilb, Kimberly A. Klibert, Dwana Dixon, and Jesse R. Bader. 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
      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):
      Jason M. Drangel
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@ipcounselors.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@spinmaster.com
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: /Jesse R Bader/     Date: 04/06/2020
Signatory's Name: Jesse R Bader
Signatory's Position: Attorney for Applicant

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:    Jason M. Drangel
   Epstein Drangel LLP
   
   60 East 42nd Street, Suite 2520
   New York, New York 10165
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: Mon Apr 06 22:47:22 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXX:XXXX:XXX:XX
XX:XXXX-20200406224722697037-88253529-71
0aaa0b5f59f448ebda48c70aadfd0bd853dd1131
75ed393a8ad459b899ace8c4-N/A-N/A-2020040
6223953756050