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. 88340786 RED TITAN(Standard Characters, see http://uspto.report/TM/88340786/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 028 for Toys; Playthings; Games; Memory games; Playing cards; Puzzles; Wooden puzzles; Cardboard puzzles; Magnetic scribbles; Plush toys; Figurines; Slime; Squishies; Squishable toys; Squeeze toys; Spinners; Yo-yos; Bric pix; Building block toys; Stack and spin; Toys, namely, infant toys, stuffed toys, fantasy character toys, and action figure toys; Dolls; Puppets; Soft dolls; Teddy bears; Board games; Card games; Chess games; Chess boards; Checkerboards; Checkers; Children's educational games for developing fine-motor, cognitive and counting skills; Pet toys; Blind bags containing toys; Games and playthings, namely, action skill games, action target games, arcade-type electronic education video games, board games, card games, building games, educational card games, electronic educational game machines for children, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, promotional game cards, puzzle games; Video game consoles for use with an external display screen or monitor; Plastic character toys; Action figure toys; Toy figures; Articles of clothing for toys, attachable, wearable; Magnetic toy figurines; Bath and bathtub toys; Toy figures and play sets; Action figures and accessories therefore; Toy figures attachable to mobile phones, pencils or key rings; Ride-on toys; Balls for sports and balloons; Balls for games; Playing balls; Playground balls; Soccer balls; Baseballs; Tennis balls; Footballs; Volley balls; Rubber balls; Decorations and ornaments for Christmas trees; Christmas stockings; Toy vehicles; Toy mobiles; Surf boards; Snowboards; Skateboards; Skis; Toy air pistols; Toy pistols; Toy water guns; Backgammon games; Toy building blocks; Stacking toys; Spinning toys; Building games; Spinning games; Stacking games; Cups for dice; Darts; Dice; Doll beds; Doll clothes; Doll houses and doll rooms; Doll feeding bottles; Dominoes; Elbow guards for athletic use; Flippers for swimming; Floats for swimming; Floats for fishing; Flying discs; Automatic and coin-operated amusement game machines; Bats for games; Apparatus for electronic games other than those adapted for use with external display screen or monitor; Electronic game equipment for playing video games, namely, handheld units for playing video games other than those adapted for use with an external display screen or monitor; Gloves for games and sports, namely, baseball gloves, golf gloves, boxing gloves, hockey gloves, bowling gloves, football gloves; practical jokes, namely, toy and novelty face masks; Toy foam novelty items, namely, foam fingers and hands; Kites and kite reels; knee guards for athletic use; Marbles for games; Theatrical masks; Scale model vehicles; Rackets being tennis rackets, table tennis rackets, paddle rackets, badminton rackets, squash rackets; Infant's rattles; Ring games; Rocking horses; Roller skates; Slides for playgrounds; Soap bubbles dispenser toys, bubble making wand and solution sets; Spinning tops; Play swimming pools; Swimming webs, namely, flippers; Toys for domestic pets; Play articles for swimming, water games sports and activities, namely, water pistols, water squirting toys, water globes; Beach balls; Amusement game machines; Bingo cards; Butterfly nets; Confetti; In-line roller skates; Kaleidoscopes; Radio-controlled toy vehicles; Snow globes; Amusement apparatus for use in arcades incorporating a video monitor; Stand-alone video output game machines; Coin or counter operated arcade games; Horizontal pinball machines; Hand-held units for playing electronic games for use with external display screen or monitor; Non-electric handheld action skill games; Game equipment for playing board games, card games, manipulative games, computer games, and action-type target games; Puzzles; Paper face masks; Toy masks, namely, masquerade and Halloween masks; Water squirting toys; Dartboards; Swimming aids, namely, arm floats for recreational use; Swimming kick board flotation devices for recreational use; Swim boards for recreational use; Swim fins; Toy guns; Toy bakeware and toy cookware; Toy snow globes; Hockey sticks; Sling shots; Paper party hats; Tents for play; Teepees for play; Parts and fittings for consumer video game devices; Toy Bicycles, Toy Tricycles, Toy Scooters, Ride-on Toys, Skates (4 wheel, inline, and Learn to Grow), Elbow Pads, Wrist Guards, Knee Pads, Scooter Accessories, Streamers
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 08/06/2018 and first used in commerce at least as early as 08/06/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Toys; Toys and playthings, namely, infant toys, stuffed toys, fantasy character toys and action figure toys, plush toys, dolls, puppets, soft sculpture dolls, teddy bears, board games, card games, chess games, chessboards, checkerboards, checkers, children's educational games for developing fine motor, cognitive and counting skills; Playthings; Games and playthings, namely, action skill games, action target games, arcade-type electronic education video games, board games, card games, building games, educational card games, electronic educational game machines for children, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, promotional game cards and puzzle games, video game consoles for use with an external display screen or monitor, memory games; Games; Playing cards; Memory games; Puzzles; Wooden puzzles; Cardboard puzzles; Magnetic scribbles, namely, drawing toys comprised of drawing boards, magnetic styluses, and metal particles; Magnetic plush toys; Magnetic scribbles; Toy figurines; Plush toys; Freeflowing play gel; Figurines; Squishable toys, namely, stress relief exercise toys; Slime; Squishable plush toys; Squishies; Squeeze toys; Squishable toys; Spinning fidget toys; Yo-yos; Spinners; Bric pix, namely, toy building blocks; Building block toys; Bric pix; Stacking toys and spinning tops; Blind bags containing toys, namely, carry bags sold filled with children's toys; Stack and spin; Games and playthings, namely, action skill games, action target games, arcade-type electronic education video games, board games, card games, building games, educational card games, electronic educational game machines for children, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, promotional game cards, puzzle games; Toys, namely, infant toys, stuffed toys, fantasy character toys, and action figure toys; Video game consoles for use with an external display screen or monitor; Dolls; Plastic character toys; Puppets; Action figure toys; Soft dolls; Toy figures; Teddy bears; Articles of clothing for toys, attachable, wearable; Board games; Magnetic toy figurines; Card games; Bath and bathtub toys; Chess games; Toy figures and play sets therefor; Chess boards; Action figures and accessories therefore; Checkerboards; Toy figures attachable to mobile phones, pencils or key rings; Checkers; Ride-on toys; Children's educational games for developing fine-motor, cognitive and counting skills; Balls for sports and balloons; Pet toys; Balls for games; Blind bags containing toys; Playing balls; Playground balls; Soccer balls; Baseballs; Tennis balls; Footballs; Volley balls; Rubber balls; Decorations and ornaments for Christmas trees; Toy figures and play sets; Christmas stockings; Toy vehicles; Toy mobiles; Surf boards; Snowboards; Skateboards; Skis; Toy air pistols; Toy pistols; Toy water guns; Backgammon games; Stacking toys; Building games; Spinning games, namely, games utilizing spinning tops and spinning fidget toys; Stacking games, namely, games utilizing stacking toys; Cups for dice; Darts; Dice; Doll beds; Doll clothes; Doll houses and doll rooms; Doll feeding bottles; Dominoes; Elbow guards for athletic use; Flippers for swimming; Floats for swimming; Toy building blocks; Floats for fishing; Flying discs; Spinning toys; Automatic and coin-operated amusement game machines; Bats for games; Spinning games; Apparatus for electronic games other than those adapted for use with external display screen or monitor; Stacking games; Electronic game equipment for playing video games, namely, handheld units for playing video games other than those adapted for use with an external display screen or monitor; Gloves for games and sports, namely, baseball gloves, golf gloves, boxing gloves, hockey gloves, bowling gloves, football gloves; Practical jokes, namely, toy and novelty face masks; Toy foam novelty items, namely, foam fingers and hands; Kites and kite reels; Knee guards for athletic use; Marbles for games; Theatrical masks; Scale model vehicles; Rackets being tennis rackets, table tennis rackets, paddle rackets, badminton rackets, squash rackets; Infant's rattles; Ring games; Rocking horses; Roller skates; Slides for playgrounds; Soap bubbles dispenser toys, bubble making wand and solution sets; Spring boards; Play swimming pools; Swimming webs, namely, flippers; Toys for domestic pets; Play articles for swimming, water games sports and activities, namely, water pistols, water squirting toys, water globes; Beach balls; Amusement game machines; Bingo cards; Butterfly nets; Confetti; In-line roller skates; Kaleidoscopes; Radio-controlled toy vehicles; Snow globes; Amusement apparatus for use in arcades incorporating a video monitor; Stand-alone video output game machines; Coin or counter operated arcade games; Spinning tops; Horizontal pinball machines; Hand-held units for playing electronic games for use with external display screen or monitor; Non-electric handheld action skill games; Game equipment sold as a unit for playing board games, card games, manipulative games, computer games, and action-type target games; Paper face masks; Toy masks, namely, masquerade and Halloween masks; Water squirting toys; Dartboards; Swimming aids, namely, arm floats for recreational use; Swimming kick board flotation devices for recreational use; Swim boards for recreational use; Swim fins; Toy guns; Toy bakeware and toy cookware; Toy snow globes; Hockey sticks; Sling shots; Paper party hats; Tents for play; Teepees for play; Game equipment for playing board games, card games, manipulative games, computer games, and action-type target games; Parts and fittings for consumer video game devices; Puzzles; Children's toy bicycles other than for transport, toy tricycles for children, toy scooters, ride-on toys, in-line, 4 wheel and learn to grow roller skates, elbow pads for athletic use, wrist guards for athletic use, knee pads for athletic use, accessories for toy scooters, streamers; Toy Bicycles, Toy Tricycles, Toy Scooters, Ride-on Toys, Skates (4 wheel, inline, and Learn to Grow), Elbow Pads, Wrist Guards, Knee Pads, Scooter Accessories, StreamersClass 028 for Toys and playthings, namely, infant toys, stuffed toys, fantasy character toys and action figure toys, plush toys, dolls, puppets, soft sculpture dolls, teddy bears, board games, card games, chess games, chessboards, checkerboards, checkers, children's educational games for developing fine motor, cognitive and counting skills; Games and playthings, namely, action skill games, action target games, arcade-type electronic education video games, board games, card games, building games, educational card games, electronic educational game machines for children, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, promotional game cards and puzzle games, video game consoles for use with an external display screen or monitor, memory games; Playing cards; Puzzles; Wooden puzzles; Cardboard puzzles; Magnetic scribbles, namely, drawing toys comprised of drawing boards, magnetic styluses, and metal particles; Magnetic plush toys; Toy figurines; Freeflowing play gel; Squishable toys, namely, stress relief exercise toys; Squishable plush toys; Squeeze toys; Spinning fidget toys; Yo-yos; Bric pix, namely, toy building blocks; Building block toys; Stacking toys and spinning tops; Blind bags containing toys, namely, carry bags sold filled with children's toys; Games and playthings, namely, action skill games, action target games, arcade-type electronic education video games, board games, card games, building games, educational card games, electronic educational game machines for children, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, promotional game cards, puzzle games; Video game consoles for use with an external display screen or monitor; Plastic character toys; Action figure toys; Toy figures; Articles of clothing for toys, attachable, wearable; Magnetic toy figurines; Bath and bathtub toys; Toy figures and play sets therefor; Action figures and accessories therefore; Toy figures attachable to mobile phones, pencils or key rings; Ride-on toys; Balls for sports and balloons; Balls for games; Playing balls; Playground balls; Soccer balls; Baseballs; Tennis balls; Footballs; Volley balls; Rubber balls; Decorations and ornaments for Christmas trees; Christmas stockings; Toy vehicles; Toy mobiles; Surf boards; Snowboards; Skateboards; Skis; Toy air pistols; Toy pistols; Toy water guns; Backgammon games; Stacking toys; Building games; Spinning games, namely, games utilizing spinning tops and spinning fidget toys; Stacking games, namely, games utilizing stacking toys; Cups for dice; Darts; Dice; Doll beds; Doll clothes; Doll houses and doll rooms; Doll feeding bottles; Dominoes; Elbow guards for athletic use; Flippers for swimming; Floats for swimming; Floats for fishing; Flying discs; Automatic and coin-operated amusement game machines; Bats for games; Apparatus for electronic games other than those adapted for use with external display screen or monitor; Electronic game equipment for playing video games, namely, handheld units for playing video games other than those adapted for use with an external display screen or monitor; Gloves for games and sports, namely, baseball gloves, golf gloves, boxing gloves, hockey gloves, bowling gloves, football gloves; Practical jokes, namely, toy and novelty face masks; Toy foam novelty items, namely, foam fingers and hands; Kites and kite reels; Knee guards for athletic use; Marbles for games; Theatrical masks; Scale model vehicles; Rackets being tennis rackets, table tennis rackets, paddle rackets, badminton rackets, squash rackets; Infant's rattles; Ring games; Rocking horses; Roller skates; Slides for playgrounds; Soap bubbles dispenser toys, bubble making wand and solution sets; Spring boards; Play swimming pools; Swimming webs, namely, flippers; Toys for domestic pets; Play articles for swimming, water games sports and activities, namely, water pistols, water squirting toys, water globes; Beach balls; Amusement game machines; Bingo cards; Butterfly nets; Confetti; In-line roller skates; Kaleidoscopes; Radio-controlled toy vehicles; Snow globes; Amusement apparatus for use in arcades incorporating a video monitor; Stand-alone video output game machines; Coin or counter operated arcade games; Horizontal pinball machines; Hand-held units for playing electronic games for use with external display screen or monitor; Non-electric handheld action skill games; Game equipment sold as a unit for playing board games, card games, manipulative games, computer games, and action-type target games; Paper face masks; Toy masks, namely, masquerade and Halloween masks; Water squirting toys; Dartboards; Swimming aids, namely, arm floats for recreational use; Swimming kick board flotation devices for recreational use; Swim boards for recreational use; Swim fins; Toy guns; Toy bakeware and toy cookware; Toy snow globes; Hockey sticks; Sling shots; Paper party hats; Tents for play; Teepees for play; Parts and fittings for consumer video game devices; Children's toy bicycles other than for transport, toy tricycles for children, toy scooters, ride-on toys, in-line, 4 wheel and learn to grow roller skates, elbow pads for athletic use, wrist guards for athletic use, knee pads for athletic use, accessories for toy scooters, streamers
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 08/06/2018 and first used in commerce at least as early as 08/06/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of Pictures of products featuring the mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-20915123698-20191112161817325831_._3155-002_RED_TITAN_in_Class_28__New_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-20915123698-20191112161817325831_._3155-002_RED_TITAN_in_Class_28__New_-_2_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: SUNNY S. NASSIM. SUNNY S. NASSIM of JACOBSON, RUSSELL, SALTZ, NASSIM & DE LA TORRE, LL, is located at

      1880 CENTURY PARK EAST, SUITE 900
      LOS ANGELES, California 90067
      US
The docket/reference number is 3155-002 US.

The phone number is 310-446-9900.

The fax number is 310-446-9909.

The email address is sunny@jrsnd.com

The applicants proposed attorney information: SUNNY S. NASSIM. Other appointed attorneys are JASON RUSSELL, JESSICA MANAVI. SUNNY S. NASSIM of JACOBSON RUSSELL SALTZ NASSIM & DE LA TO, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1880 CENTURY PARK EAST, SUITE 900
      LOS ANGELES, California 90067
      United States
The docket/reference number is 3155-002 US.

The phone number is 310-446-9900.

The fax number is 310-446-9909.

The email address is sunny@jrsnd.com

SUNNY S. NASSIM 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: SUNNY S. NASSIM. SUNNY S. NASSIM of JACOBSON, RUSSELL, SALTZ, NASSIM & DE LA TORRE, LL, is located at

      1880 CENTURY PARK EAST, SUITE 900
      LOS ANGELES, California 90067
      US
The docket/reference number is 3155-002 US.

The phone number is 310-446-9900.

The fax number is 310-446-9909.

The email address is sunny@jrsnd.com; jrussell@jrsnd.com; claudia@jrsnd.com; jmanavi@jrsnd.com

The applicants proposed correspondence information: SUNNY S. NASSIM. SUNNY S. NASSIM of JACOBSON RUSSELL SALTZ NASSIM & DE LA TO, is located at

      1880 CENTURY PARK EAST, SUITE 900
      LOS ANGELES, California 90067
      United States
The docket/reference number is 3155-002 US.

The phone number is 310-446-9900.

The fax number is 310-446-9909.

The email address is sunny@jrsnd.com; claudia@jrsnd.com; jmanavi@jrsnd.com; jrussell@jrsnd.com

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /ssn/      Date: 11/12/2019
Signatory's Name: SUNNY S. NASSIM
Signatory's Position: ATTORNEY OF RECORD, CA BAR MEMBER
Signatory's Phone Number: 310-446-9900


Response Signature
Signature: /ssn/     Date: 11/12/2019
Signatory's Name: SUNNY S. NASSIM
Signatory's Position: ATTORNEY OF RECORD, CA BAR MEMBER

Signatory's Phone Number: 310-446-9900

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:    SUNNY S. NASSIM
   JACOBSON, RUSSELL, SALTZ, NASSIM & DE LA TORRE, LL
   
   1880 CENTURY PARK EAST, SUITE 900
   LOS ANGELES, California 90067
Mailing Address:    SUNNY S. NASSIM
   JACOBSON RUSSELL SALTZ NASSIM & DE LA TO
   1880 CENTURY PARK EAST, SUITE 900
   LOS ANGELES, California 90067
        
Serial Number: 88340786
Internet Transmission Date: Tue Nov 12 16:28:06 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201911121628062
97109-88340786-700286aad70176d66bd48bed4
aaebb3a1a4b8bebe8261b554f3249de95d9bec4b
a-N/A-N/A-20191112161817325831