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. 88339091 TROUBLEMAKERS(Standard Characters, see http://uspto.report/TM/88339091/mark.png) has been amended as follows:

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

Applicant believes that the amendment of the identification submitted herewith obviates the basis of the Section 2(d) refusal and therefore respectfully requests that the bar to registration be lifted.

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, playthings, and sporting equipment, namely, all of the following: party favors in the nature of small toys; water squirting toys; inflatable and buoyant bath toys; swimming toys, namely, swimming rings and swim fins; toys, namely, bubble toys, liquid bubble solution, toys involving bubbles and blowing bubbles; bubble wands; bubble blowing toys; bubble toys, namely, bubble making wand and edible solution sets; water toys; games involving using bubble solution and bubble blowing toys; parlor games; play balls; toy game balls and accessories therefor; toy cannons; toy bouncers, namely, sit-down bouncers, trampoline bounce boards; bouncing toys, namely, bounce houses in the nature of an air inflated cushion in an air inflated structure, bounce balls; 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; toys, namely, bubble making toys, liquid bubble solution, toys involving 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, baseball bats, softball sets, comprising softballs and softball bats, tennis rackets, golf clubs and sets, comprising golf balls and golf clubs and containers therefor; card games; figurines in the nature of modeled plastic toy figurines; molded plastic character toys 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; 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 figurines, play sets for toy characters; doll costumes, namely, play toy costumes; fantasy character toys; toy action figures and accessories therefor; play toys and accessories for children to imitate a fantasy role, namely, play toy guns, play toy rifles, play toy pistols, play rifle and play pistol sets, play toy gun holsters, play gun and toy holster sets, and toy 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 balls; action skill games; hand-held, non-electronic skill games; tossing disc toys; toy projectiles and accessories therefor; action figures, dolls and figurines, rubber toys in the shape of food and household goods;, toy watches and toy jewelry; toy holiday 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 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 currency, toy make-up and toy make-up accessories; dolls; toy coin banks; toy purses and toy jewelry; bath toys; sand toys, toy phones and toy personal digital assistants; 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; toy eyeglasses; bubble making toys and solution therefor, sold separately and as a unit; hanging toy mobiles, toy viewing glasses and pens/markers, all packaged and sold as a unit; diorama playsets for action figures and dolls; dolls and doll accessories; pet toys; pet accessories; pet clothing; pet jewelry; pet beds and furniture; pouches and bags for storing and disposal of pet waste
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, playthings, and sporting equipment, namely, all of the following: party favors in the nature of small toys; pet toys; water squirting toys; inflatable and buoyant bath toys; swimming toys, namely, swimming rings and swim fins; toys, namely, bubble toys, liquid bubble solution, toys involving bubbles and blowing bubbles; bubble wands; bubble blowing toys; bubble toys, namely, bubble making wand and edible solution sets; water toys; games involving using bubble solution and bubble blowing toys; parlor games; play balls; toy game balls and accessories therefor; toy cannons; toy bouncers, namely, sit-down bouncers, trampoline bounce boards; bouncing toys, namely, bounce houses in the nature of an air inflated cushion in an air inflated structure, bounce balls; 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; toys, namely, bubble making toys, liquid bubble solution, toys involving 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, baseball bats, softball sets, comprising softballs and softball bats, tennis rackets, golf clubs and sets, comprising golf balls and golf clubs and containers therefor; card games; figurines in the nature of modeled plastic toy figurines; molded plastic character toys 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; 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 figurines, play sets for toy characters; doll costumes, namely, play toy costumes; fantasy character toys; toy action figures and accessories therefor; play toys and accessories for children to imitate a fantasy role, namely, play toy guns, play toy rifles, play toy pistols, play rifle and play pistol sets, play toy gun holsters, play gun and toy holster sets, and toy 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 balls; action skill games; hand-held, non-electronic skill games; tossing disc toys; toy projectiles and accessories therefor; action figures, dolls and figurines, rubber toys in the shape of food and household goods; , toy watches and toy jewelry; toy holiday 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 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 currency, toy make-up and toy make-up accessories; dolls; toy coin banks; toy purses and toy jewelry; bath toys; sand toys, toy phones and toy personal digital assistants; 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; toy eyeglasses; bubble making toys and solution therefor, sold separately and as a unit; hanging toy mobiles, toy viewing glasses and pens/markers, all packaged and sold as a unit; diorama playsets for action figures and dolls; dolls and doll accessories; pet accessories; pet clothing; pet jewelry; pet beds and furniture; pouches and bags for storing and disposal of pet wasteClass 028 for pet toys
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.

The applicant's current attorney information: Victor K Sapphire, Esq.. Victor K Sapphire, Esq. of LAW OFFICE OF VICTOR SAPPHIRE, is located at

      7190 SUNSET BLVD STE 116
      LOS ANGELES, California 90046
      US
The docket/reference number is impl-trblmkr.

The phone number is 323-449-7872.

The email address is vic@brandidentitylawyer.com

The applicants proposed attorney information: Victor K Sapphire, Esq.. Victor K Sapphire, Esq. of LAW OFFICE OF VICTOR SAPPHIRE, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      7190 SUNSET BLVD STE 116
      LOS ANGELES, California 90046
      United States
The docket/reference number is impl-trblmkr.

The phone number is 323-449-7872.

The email address is vic@brandidentitylawyer.com

Victor K Sapphire, Esq. 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: VICTOR K SAPPHIRE, ESQ.. VICTOR K SAPPHIRE, ESQ. of LAW OFFICE OF VICTOR SAPPHIRE, is located at

      7190 SUNSET BLVD STE 116
      LOS ANGELES, California 90046
      US
The docket/reference number is impl-trblmkr.

The phone number is 323-449-7872.

The email address is vic@brandidentitylawyer.com; trademarks@brandidentitylawyer.com; vixapphire@gmail.com

The applicants proposed correspondence information: Victor K Sapphire, Esq.. Victor K Sapphire, Esq. of LAW OFFICE OF VICTOR SAPPHIRE, is located at

      7190 SUNSET BLVD STE 116
      LOS ANGELES, California 90046
      United States
The docket/reference number is impl-trblmkr.

The phone number is 323-449-7872.

The email address is vic@brandidentitylawyer.com; vixapphire@gmail.com; trademarks@brandidentitylawyer.com

SIGNATURE(S)
Response Signature
Signature: /vsapphire/     Date: 11/06/2019
Signatory's Name: Victor Sapphire, Esq.
Signatory's Position: Attorney of Record

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:    VICTOR K SAPPHIRE, ESQ.
   LAW OFFICE OF VICTOR SAPPHIRE
   
   7190 SUNSET BLVD STE 116
   LOS ANGELES, California 90046
Mailing Address:    Victor K Sapphire, Esq.
   LAW OFFICE OF VICTOR SAPPHIRE
   7190 SUNSET BLVD STE 116
   LOS ANGELES, California 90046
        
Serial Number: 88339091
Internet Transmission Date: Wed Nov 06 23:51:54 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXX:XXXX:XXXX:XX
XX:XXXX-20191106235154443480-88339091-70
067e5aeabde1e59f5458b665fa2c7548e03c3cad
999e8333b33e7e53e764c6e1-N/A-N/A-2019110
6234839919394