Notice of Allowance

FAIRY FORCE

Zag America, LLC

Official USPTO Notice of Allowance: U.S. Trademark SN 88382867: FAIRY FORCE: Docket/Reference No. 89426-3


From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, March 17, 2020 00:06 AM
To: trademarks@dinsmore.com
Cc: stephanie.crigler@dinsmore.com ;  kimberly.gambrel@dinsmore.com ;  luke.curran@dinsmore.com
Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 88382867: FAIRY FORCE: Docket/Reference No. 89426-3



NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Mar 17, 2020

U.S. Serial Number:   88382867
Mark:   FAIRY FORCE
Docket/Reference Number:  89426-3

No opposition was filed for this published application.  The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request).  WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue.  Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
   - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally);  OR
   - An Extension Request, if the applicant is not yet using the mark in commerce.  If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed.  The applicant may file a total of five (5) extension requests.  WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued.  The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS).  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.  Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.  If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.gov.uspto.report/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit.  Please use the "Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at http://www.gov.uspto.report/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa.  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 88382867
Mark: FAIRY FORCE
Docket/Reference Number: 89426-3
Owner: Zag America, LLC
3002 Main Street
Santa Monica , CALIFORNIA   90405

Correspondence Address: Stephanie L. Crigler
Dinsmore & Shohl LLP
222 West Adams Street, Suite 3400
Chicago IL 60606


This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

009 - Digital media, namely, DVDs, sound recordings, audiovisual recordings and pre-recorded electronic media in the nature of CDs, DVDs, and video cassettes featuring music, motion pictures, and television programs, all of the forgoing featuring children's entertainment content; downloadable computer software, namely, mobile application software featuring kids' games for use on mobile devices; downloadable electronic game software for handheld electronic devices; interactive downloadable video game programs and computer game programs; downloadable electronic publications, namely, books, magazines, newsletters, cartoon strips and periodicals featuring children's entertainment -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
016 - Printed material, namely, books, comics, serial publications in the form of magazines, comic books, graphic novels and manga featuring scenes and characters based on a television series; sketchbooks; notebooks; blank journals; sticker albums; sticker packs being stickers; stationery; drawing paper; construction paper; pens; drawing pencils; writing utensils; trading cards, other than for games; posters; books, namely, novels; a series of fiction works, namely, novels and chapter books; educational books featuring leveled readers; story books; picture books; paperboard children's books; sticker books; coloring books; children's activity books; gift books featuring characters based on a television series; novelty books for children featuring characters from televisions series; talking children's books; personalized books, namely, storybooks featuring characters from television series; scrapbooks; calendars; diaries; markers; crayons; paper party goods, namely, napkins, table covers being tablecloths made of paper; paper banners; party goodie bags of paper or plastic; party favor gift boxes sold empty; paper party decorations -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
024 - Bed sheets; bed blankets; bed linen; bed spreads; blanket throws; quilts; throws; pillow cases; comforters; curtains; dust ruffles; bath linen; towels; washcloths; banners and flags of linen; tapestries made of textiles; table linens; table napkins of textile; textile place mats; table cloths not of paper; fabric for textile use sold by the yard -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
025 - Clothing, namely, children's t-shirts, t-shirts, hats, sweatshirts, shorts, sweaters, sleepwear, swim trunks for boys, underwear, jackets for boys, Halloween costumes, costumes for use in children's dress up play; sportswear, namely, shirts, pants, jackets and shorts; children's footwear, namely, athletic shoes, sandals, boots; clothing accessories, namely, ties, belts for clothing, hats, scarves, socks -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
028 - Toys, namely, plush toys, poseable toys in the nature of action figures, building sets, action figure toys, toy vehicles, roleplay toys in the nature of play sets for children to imitate the main characters in a TV series, playsets for dolls and figures, electronic action toys, electronic learning toys, beach toys in the nature of sand toys, beach balls and body boards, inflatable pool toys, water toys, and water guns; games, namely, puzzles , board games, card games, action skill games, arcade games; video games, namely, video game consoles, coin-operated video games, hand-held video games with liquid crystal displays; sporting goods, namely, in-line skates, skateboards, non-motorized children's toy scooters, yo-yos, plastic toy hoops, toy flying discs, sports balls; seasonal toys, namely, sleds, water squirting toys, kites, backyard water slides, bubble making wand and solution sets, inflatable bounce house in the nature of an air inflated cushion in an air inflated structure, and inflatable swimming pools; trading cards for games -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
029 - Dairy-based beverages; vegetable-based food beverages; fruit-based food beverages; yoghurt ; yoghurt-based beverages; coconut-based beverages used as a milk substitute; milk beverages containing fruits; milk based beverages containing fruit juice; soy-based food beverages used as a milk substitute; nut and seed-based milks for use as a milk substitute ; fruit-based snack food; candied fruit snacks; dehydrated fruit snacks; processed fruits and vegetables; refrigerated food package combinations consisting primarily of meat, cheese or processed vegetables; frozen, prepared and packaged entrees and meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared and packaged vegetable-based entrees; hamburger; hot dogs; jams; jellies; meat, fish, poultry and game, not live; potato crisps and chips; soups; cheese and cracker combinations; cheese spread -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
031 - Raw fruits; fresh fruits; unprocessed fruits; raw vegetables; fresh vegetables; unprocessed vegetables; unprocessed grains for eating; all of the forgoing excluding squash, apples, corn, and ryegrass -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
032 - Non-alcoholic beverages, namely, soft drinks, fruit drinks, fruit punches, fruit juices, lemonade, sports drinks, smoothies, drinking water, flavored water; juice base concentrates; syrups for making soft drinks; vegetable juices -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
041 - Entertainment services, namely, ongoing television programs in the field of family entertainment, animated cartoons and live action programming, a continuing variety show broadcast over television, satellite, audio and video media, a continuing comedy show broadcast over television, satellite, audio and video media, ongoing series featuring family entertainment content provided through cable television, satellite, the internet and webcasts, provision of continuing programs, segments, movies, full length motion pictures, motion picture shorts and shows featuring family entertainment content delivered in theatres and by television, satellite, and the internet, providing ongoing webisodes featuring family entertainment content via a global computer network, and provision of non-downloadable films and movies via a video-on-demand service -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.




Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration.  The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go to http://tsdr.gov.uspto.report/#caseNumber=88382867&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch  or contact the Trademark Assistance Center at 1-800-786-9199.  Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.gov.uspto.report/#caseNumber=88382867&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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