NOTE TO THE FILE
SERIAL NUMBER: 88309473
DATE: 11/08/2019
NAME: eshen
NOTE:
Searched:
X Google
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:
From: victor sapphire <vic@brandidentitylawyer.com>
Sent: Friday, November 8, 2019 11:17 AM
To: Shen, Elizabeth <Elizabeth.Shen@USPTO.GOV>
Cc: vixapphire@gmail.com
Subject: Re: Trademark Application for SENSE – Serial No. 88309473
Hello Ms. Shen,
Thank you for your message. Please proceed with the examiner's amendment.
Kind regards,
Vic Sapphire
Victor Sapphire
Legal Solutions for Strategic Brand Protection
LAW OFFICE OF VICTOR SAPPHIRE, INC.
7190 Sunset Blvd., Suite 116
Los Angeles, CA 90046
011 323 449 7872
On Nov 8, 2019, at 7:28 AM, Shen, Elizabeth <Elizabeth.Shen@USPTO.GOV> wrote:
Re: Trademark Application for SENSE – Serial No. 88309473
Dear Mr. Sapphire,
I am the Trademark Examining Attorney at the U.S. Patent and Trademark Office examining this application and wanted to discuss the following issues with you:
Amended Identification of Goods: Based on my research, there appears to be relatedness between applicant’s “balls for play, namely, balls for juggling, games, and sports” and the goods in U.S. Registration No. 5869503 for “golf club grips”. To avoid a likelihood of confusion, please let me know if you agree to removing the wording “games, and sports” from that entry. The suggested identification of goods would then appear as follows:
Class 28: Toys, games, and playthings, namely, party favors in the nature of small toys; water squirting toys; inflatable and buoyant bath toys; swimming toys, namely, swimming rings and swim fins; bubble wand making and solution toy sets, namely, bubble toy wands, liquid bubble solution, wand toys for bubbles and blowing bubbles, bubble making wands, bubble blowing toy wands; bubble toys, namely, bubble making wand and edible solution sets; water toys; party games involving using bubble solution and bubble blowing toys; parlor games; play balls; toy game balls and accessories therefor, namely, nets and paddles; toy weapon cannons; toy bouncers, namely, inflatable sit-down ride-on toy bouncers, trampoline bounce boards; bouncing toys, namely, bounce houses in the nature of an air inflated cushion in an air inflated structure, inflatable bounce ball toys; inflatable pit balls for recreational use; inflatable hopper balls for recreational use, action figure toys, play sets for actions figures; party favors in the nature of small toys; water squirting toys; inflatable and buoyant bath toys; swimming toys, namely, swimming rings and swim fins; bubble wand making and solution toy sets, namely, bubble making toy wands, liquid bubble solution, wand toys for bubbles and blowing bubbles; bubble wands; bubble blowing toys; water toys; games involving using bubble solution and bubble blowing toys; play balls; balls used for game play, card games; figurines in the nature of modeled plastic toy figurines; molded plastic character toy figurines with connectable and/or interchangeable elements; collectible toy figurines; collectable toy animal figurines; collectible bath toys; children's dress-up fashion accessories in the nature of toy purses, toy shoes, and toy hats; toy action figures; plastic toy characters; collectible plastic toy characters; collectable bendable toy characters; accessories for modeled plastic toy figurines; accessories for toy plastic characters; articles of clothing for toys, namely, outfits for toys; pouches for toys, namely, cases for toy vehicles; puppets; puzzles; packaged amusement and educational games, namely, electronic educational games in the nature of hand-held units for playing educational electronic games; electronic educational game machines for children; toy environments in the nature of toy environments for use with toy figurines and toy environments for use with toy characters and figurine play pieces, namely, toy buildings, toy vehicles, toy building structures, toy construction sets; play sets for toy action figurines, play sets for toy action figure characters; doll costumes, namely, play toy costumes; fantasy character toys; toy action figures and accessories therefor; inflatable elastomeric toys in the shape of animals, insects, figurines, and creatures, and other recognizable object shapes when not in a stressed or stretched state; and elastomeric balls for play; plush toys, plush stuffed toys, plush dolls and plush covered toy balls; action skill games; hand-held, non-electronic skill games; tossing disc toys; toy projectiles and accessories therefor; action figures, dolls and toy figurines, rubber toys in the shape of food and furniture; toy watches and toy jewelry; toy Christmas tree ornaments of rubber; balls for play, namely, balls for juggling
, games, and sports; toy animals; toy insects; inflatable thin rubber toys and rubber-like toys; rubber character toys; toy dice; toy dolls; elastic toys, namely, rubber band character toys that assume particular animal, letter and other object shapes when not in a stressed or stretched state; toy guns and toy ammunition, toy dart guns, dart games and darts; toy weaponry, namely, hand weapons in the nature of firearms, cap guns, handheld projectile-launchers, sling-shots, and ammunition for sling-shots; toy guns; toy dart guns; toy play currency, toy imitation make-up and toy imitation make-up accessories; dolls; toy coin banks; children's dress up accessories, namely, toy purses and toy jewelry; bath toys; sand toys; role playing toys in the nature of play sets for children to imitate real life occupations, namely, toy phones and toy personal digital assistants; children's dress-up accessories, namely, fashion toy clothing, toy jewelry, toy make-up and toy make-up accessories; light-up toys for projecting images; bubble toys, namely, bubble making wand and solution sets; ride-on toys; toy purses, toy keychains, toy coins and currency; walkabout toys, namely, wind-up walking toys; toy target shooting sets containing toy weapons and targets sold together as a kit; fitted covers specially adapted for toy cars, airplanes, and boats; role-playing toys in the nature of play sets for children to imitate real life situations and occupations, and role-playing games; toy weapons; toy swords, toy guns and toy darts; children's dress-up accessories, namely, toy eyeglasses; bubble making toy wands and solution therefor, sold separately and as a unit; hanging toy mobiles, toy viewing glasses, and pens and markers, all packaged and sold as a unit; action figure and doll accessories, namely, diorama playsets for action figures and dolls; dolls and doll accessories; pet toys
If you agree, I can make all changes for you via an Examiner’s Amendment. Please let me know by Thursday, November 14, 2019. If you need additional time or if you would prefer a formal Office Action letter, please let me know and I can issue a Priority Action fully explaining the requirements.
Sincerely,
Liz Shen
/Elizabeth Shen/
Pronouns: she/her
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 121
(571) 270-7111
Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.