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 |
88340131 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
MARK SECTION |
MARK |
http://uspto.report/TM/88340131/mark.png |
LITERAL ELEMENT |
MOON & STARS |
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. |
GOODS AND/OR SERVICES SECTION (011)(current) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Night lights |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (011)(proposed) |
INTERNATIONAL CLASS |
011 |
TRACKED TEXT DESCRIPTION |
Night lights; Electric night lights |
FINAL DESCRIPTION |
Electric night lights |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Books; stickers; personalized stickers; removable stickers; reusable stickers; chalkboards; stick-on whiteboards; dry erase boards;
memory boxes, namely, cardboard boxes containing cardboard cards for displaying and storing baby keepsakes and mementos; personalized writing journals; paper decorative garlands |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Books; Books, namely, children's books, story books, fiction books
on a variety of topics; stickers; personalized stickers; removable stickers; reusable
stickers; chalkboards; stick-on whiteboards; dry erase boards; memory boxes, namely,
cardboard boxes containing cardboard cards for displaying and storing baby keepsakes and mementos; personalized writing journals; paper
decorative garlands; paper banners |
FINAL DESCRIPTION |
Books, namely, children's books, story books, fiction books on a variety of topics; stickers; personalized stickers; removable
stickers; reusable stickers; chalkboards; stick-on whiteboards; dry erase boards; memory boxes, namely, cardboard boxes containing cardboard cards for displaying and storing baby keepsakes and
mementos; personalized writing journals; paper decorative garlands; paper banners |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(current) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
Picture frames; letter board sets for displaying custom messages; wood sculptures, namely, wood carved in blocks with numbers printed
upon their faces for cataloging milestones in growing children's lives; wall décor, namely, soft sculpture wall decorations; paper banners; decorative wooded wall letters for spelling names and
words |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(proposed) |
INTERNATIONAL CLASS |
020 |
TRACKED TEXT DESCRIPTION |
Picture frames; letter board sets for displaying custom messages; wood sculptures, namely, wood carved in blocks with numbers printed upon their faces for cataloging milestones in growing children's lives; wall décor, namely, soft
sculpture wall decorations; paper banners; decorative wooden wall letters for spelling names and words;
decorative wooded wall letters for spelling names and words |
FINAL DESCRIPTION |
Picture frames; letter board sets for displaying custom messages; wood sculptures, namely, wood carved in blocks with numbers printed
upon their faces for cataloging milestones in growing children's lives; wall décor, namely, soft sculpture wall decorations; decorative wooden wall letters for spelling names and words |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (026)(no change) |
GOODS AND/OR SERVICES SECTION (027)(no change) |
GOODS AND/OR SERVICES SECTION (028)(current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Infant and baby rattles; plush toys; rattle socks; toys, namely, infant tea and dish sets; toy building blocks |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Infant and baby rattles; plush toys; rattle
socks; toys, namely, infant tea and dish sets; toy building blocks |
FINAL DESCRIPTION |
Infant and baby rattles; plush toys; toys, namely, infant tea and dish sets; toy building blocks |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Rebecca Gerard/ |
SIGNATORY'S NAME |
Rebecca L. Gerard |
SIGNATORY'S POSITION |
Senior Counsel, Commercial Retail and Intellectual Property Legal |
SIGNATORY'S PHONE NUMBER |
847-224-1549 |
DATE SIGNED |
05/07/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed May 08 12:39:35 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
190508123935393080-883401
31-6206085a832a031a668944
8425325a5c26c741118e13d92
9b7c5c49f8f5e3b42da-N/A-N
/A-20190507162116487764 |
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.
88340131 MOON & STARS(Standard Characters, see http://uspto.report/TM/88340131/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Night lights
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: Night lights;
Electric night lightsClass 011 for Electric night lights
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Books; stickers; personalized stickers; removable stickers; reusable stickers; chalkboards; stick-on whiteboards; dry erase boards; memory boxes, namely, cardboard boxes
containing cardboard cards for displaying and storing baby keepsakes and mementos; personalized writing journals; paper decorative garlands
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: Books;
Books, namely, children's books, story books, fiction books on a variety of topics;
stickers;
personalized stickers;
removable stickers;
reusable stickers;
chalkboards;
stick-on whiteboards;
dry erase boards;
memory boxes, namely, cardboard boxes containing
cardboard cards for displaying and storing baby keepsakes and mementos;
personalized writing journals;
paper decorative garlands;
paper bannersClass 016 for Books, namely, children's books, story books, fiction books on a variety of topics; stickers; personalized stickers; removable
stickers; reusable stickers; chalkboards; stick-on whiteboards; dry erase boards; memory boxes, namely, cardboard boxes containing cardboard cards for displaying and storing baby keepsakes and
mementos; personalized writing journals; paper decorative garlands; paper banners
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Picture frames; letter board sets for displaying custom messages; wood sculptures, namely, wood carved in blocks with numbers printed upon their faces for cataloging
milestones in growing children's lives; wall décor, namely, soft sculpture wall decorations; paper banners; decorative wooded wall letters for spelling names and words
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: Picture frames;
letter board sets for displaying custom messages;
wood sculptures, namely, wood
carved in blocks with numbers printed upon their faces for cataloging milestones in growing children's lives;
wall décor, namely, soft sculpture wall decorations;
paper banners;
decorative wooden wall letters for spelling names and words;
decorative
wooded wall letters for spelling names and wordsClass 020 for Picture frames; letter board sets for displaying custom messages; wood sculptures, namely, wood carved in blocks with numbers
printed upon their faces for cataloging milestones in growing children's lives; wall décor, namely, soft sculpture wall decorations; decorative wooden wall letters for spelling names and words
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Infant and baby rattles; plush toys; rattle socks; toys, namely, infant tea and dish sets; toy building blocks
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: Infant and baby rattles;
plush toys;
rattle socks;
toys,
namely, infant tea and dish sets;
toy building blocksClass 028 for Infant and baby rattles; plush toys; toys, namely, infant tea and dish sets; toy building
blocks
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: /Rebecca Gerard/ Date: 05/07/2019
Signatory's Name: Rebecca L. Gerard
Signatory's Position: Senior Counsel, Commercial Retail and Intellectual Property Legal
Signatory's Phone Number: 847-224-1549
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: 88340131
Internet Transmission Date: Wed May 08 12:39:35 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190508123935393
080-88340131-6206085a832a031a66894484253
25a5c26c741118e13d929b7c5c49f8f5e3b42da-
N/A-N/A-20190507162116487764