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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88307138 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
MARK SECTION |
MARK |
http://uspto.report/TM/88307138/mark.png |
LITERAL ELEMENT |
NOVIE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_1607996147-20190909150756218990_._NOVIE_-_Response_to_Office_Action.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\071\88307138\xml5\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\071\88307138\xml5\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\071\88307138\xml5\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\071\88307138\xml5\ROA0005.JPG |
DESCRIPTION OF EVIDENCE FILE |
Applicant's argument |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Toys, games and playthings; toy animals, interactive electronic toy animal, toy robots and accessories for all the foregoing |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Toys, games and playthings; Toys, namely, interactive electronic
toy robots; toy animals, interactive electronic toy animal, toy robots and accessories for all the foregoing |
FINAL DESCRIPTION |
Toys, namely, interactive electronic toy robots |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Samuel T Kilb/ |
SIGNATORY'S NAME |
Samuel T Kilb |
SIGNATORY'S POSITION |
Attorney, Epstein Drangel LLP, New York bar member |
DATE SIGNED |
09/09/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Sep 09 15:20:40 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0190909152040691889-88307
138-6104faae6828ff38a724f
fc1ab81e58fb41a02a9e2bf78
35fcdcd2b546769283db-N/A-
N/A-20190909150756218990 |
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.
88307138 NOVIE(Standard Characters, see http://uspto.report/TM/88307138/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Applicant's argument has been attached.
Original PDF file:
evi_1607996147-20190909150756218990_._NOVIE_-_Response_to_Office_Action.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Toys, games and playthings; toy animals, interactive electronic toy animal, toy robots and accessories for all the foregoing
Original Filing Basis:
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;
Toys, namely, interactive electronic toy robots;
toy animals, interactive electronic toy animal, toy robots and accessories for all the foregoingClass 028 for Toys, namely, interactive electronic toy robots
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.
SIGNATURE(S)
Response Signature
Signature: /Samuel T Kilb/ Date: 09/09/2019
Signatory's Name: Samuel T Kilb
Signatory's Position: Attorney, Epstein Drangel LLP, New York bar member
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.
Serial Number: 88307138
Internet Transmission Date: Mon Sep 09 15:20:40 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019090915204069
1889-88307138-6104faae6828ff38a724ffc1ab
81e58fb41a02a9e2bf7835fcdcd2b546769283db
-N/A-N/A-20190909150756218990