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. 88270337 GRAB BAG(Standard Characters, see http://uspto.report/TM/88270337/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of memorandum explaining why the mark is not merely descriptive; memorandum addressing the mark differing from specimen has been attached.
Original PDF file:
evi_1-7011989152-20190928162505046119_._onse_-_Grab_Bag_Refusal_-_Class_28_-_Section_2_e__1__Refusal.pdf
Converted PDF file(s) ( 50 pages)
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Original PDF file:
evi_7011989152-20190928162505046119_._Response_-_Grab_Bag_Refusal_-_Class_28_-_Mark_Differs.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Novelty toy items in the nature of amusement gag or practical joke; Novelty toy items in the nature of prank toys; Novelty toys for playing jokes; Plastic novelty toy items in the nature of Halloween-themed items, namely, ghosts, skeleton hands, zombie hands, mummy hands, and other scary items that pop out from a cloth bag
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/01/2016 and first used in commerce at least as early as 10/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Novelty toy items in the nature of amusement gag or practical joke; Novelty toy items for playing jokes in the nature of amusement gags or practical jokes; Novelty toy items in the nature of prank toys; Novelty toy items for playing jokes in the nature of prank toys; Novelty toys for playing jokes; Plastic novelty toy items in the nature of Halloween-themed items, namely, ghosts, skeleton hands, zombie hands, mummy hands, and other scary items that pop out from a cloth bag; Plastic novelty toy items for playing jokes in the nature of Halloween-themed items, namely, ghosts, skeleton hands, zombie hands, mummy hands, and other scary items that pop out from a cloth bagClass 028 for Novelty toy items for playing jokes in the nature of amusement gags or practical jokes; Novelty toy items for playing jokes in the nature of prank toys; Novelty toys for playing jokes; Plastic novelty toy items for playing jokes in the nature of Halloween-themed items, namely, ghosts, skeleton hands, zombie hands, mummy hands, and other scary items that pop out from a cloth bag
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/01/2016 and first used in commerce at least as early as 10/01/2018 , and is now in use in such commerce.
The applicant's current attorney information: Terry L. Traveland. Terry L. Traveland of TRAVELAND LAW, PLLC, is located at

      P.O. BOX 865057
      PLANO, Texas 75086
      US

The phone number is 972-422-5544.

The fax number is 972-288-7536.

The email address is ttraveland@txcorplaw.com

The applicants proposed attorney information: Terry L. Traveland. Terry L. Traveland of TRAVELAND LAW, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 865057
      PLANO, Texas 75086
      United States

The phone number is 972-422-5544.

The fax number is 972-288-7536.

The email address is ttraveland@txcorplaw.com

Terry L. Traveland 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: TERRY L. TRAVELAND. TERRY L. TRAVELAND of TRAVELAND LAW, PLLC, is located at

      P.O. BOX 865057
      PLANO, Texas 75086
      US

The phone number is 972-422-5544.

The fax number is 972-288-7536.

The email address is ttraveland@txcorplaw.com

The applicants proposed correspondence information: Terry L. Traveland. Terry L. Traveland of TRAVELAND LAW, PLLC, is located at

      P.O. BOX 865057
      PLANO, Texas 75086
      United States

The phone number is 972-422-5544.

The fax number is 972-288-7536.

The email address is ttraveland@txcorplaw.com

SIGNATURE(S)
Response Signature
Signature: /Terry L. Traveland/     Date: 09/28/2019
Signatory's Name: Terry L. Traveland
Signatory's Position: Attorney of Record, Texas Bar Member

Signatory's Phone Number: 972-422-5544

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:    TERRY L. TRAVELAND
   TRAVELAND LAW, PLLC
   
   P.O. BOX 865057
   PLANO, Texas 75086
Mailing Address:    Terry L. Traveland
   TRAVELAND LAW, PLLC
   P.O. BOX 865057
   PLANO, Texas 75086
        
Serial Number: 88270337
Internet Transmission Date: Sat Sep 28 16:39:22 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019092816392253
9610-88270337-61097ed46ca539c18b3de2f614
7ab5b9c871f91b109cacfb5f603c265f7ed9da81
-N/A-N/A-20190928162505046119