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. 88297986 DISNEY(Standard Characters, see http://uspto.report/TM/88297986/mark.png) has been amended as follows:

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

The Remarks are attached as a pdf file to preserve the formatting of the text.

EVIDENCE
Evidence in the nature of Remarks has been attached.
Original PDF file:
evi_703417252-20190718083053194300_._Remarks_for_DISNEY_in_Class_35__1023226xD1162_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services
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 03/28/1987 and first used in commerce at least as early as 03/28/1987 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Retail store services; Retail store services and on-line retail store services featuring clothing, headwear, footwear, jewelry, toys, dolls, games, figurines, sporting goods, electronics, videos, books, music, frames, furniture, bed linen, bath linen, household linen, jewelry, watches, stationery, tableware, personal care items, hair accessories, holiday decorations, gift items and souvenirs, collectibles, costumes, post cards, bags, backpacks, luggage, luggage tags, mobile device cases and covers, cameras, computer software, computer games, school supplies, housewares, infant seats and carriers, infantwear, artwork, CDs, DVDs, and sunglassesClass 035 for Retail store services and on-line retail store services featuring clothing, headwear, footwear, jewelry, toys, dolls, games, figurines, sporting goods, electronics, videos, books, music, frames, furniture, bed linen, bath linen, household linen, jewelry, watches, stationery, tableware, personal care items, hair accessories, holiday decorations, gift items and souvenirs, collectibles, costumes, post cards, bags, backpacks, luggage, luggage tags, mobile device cases and covers, cameras, computer software, computer games, school supplies, housewares, infant seats and carriers, infantwear, artwork, CDs, DVDs, and sunglasses
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 03/28/1987 and first used in commerce at least as early as 03/28/1987 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 1162727, 2888282, 3088198, 3235413, 3328006, 3328009, 3340426, 3410201, 3432510, 3490082, 4208634, 4063531, and 4042815


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_703417252-083053194_._on_Under_Section_2_f__for_DISNEY_in_Class_35__1023218xD1162_.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: A. Minnie Alexander
Signatory's Position: Attorney of record, Minnesota bar member

Response Signature
Signature: /Linda McLeod/     Date: 07/22/2019
Signatory's Name: Linda K. McLeod
Signatory's Position: Associate Attorney of Record, D.C. bar member

Signatory's Phone Number: 202-808-3570

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88297986
Internet Transmission Date: Tue Jul 23 16:18:58 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190723161858612
757-88297986-6207d35a1ca7e1f243ca66ff9c4
72fe576f1bde746c73f099e92d3de30b9ba95-N/
A-N/A-20190718083053194300