Response to Office Action

FAIRY FORCE

Zag America, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88382867
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK http://uspto.report/TM/88382867/mark.png
LITERAL ELEMENT FAIRY FORCE
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 (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Digital media, namely, DVDs, sound recordings, audiovisual recordings and pre-recorded electronic media featuring music, motion pictures, and television programs 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; electronic publications, namely, books, magazines, newsletters, cartoons and periodicals featuring children's entertainment content
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Digital media, namely, DVDs, sound recordings, audiovisual recordings and pre-recorded electronic media featuring music, motion pictures, and television programs featuring children's entertainment content; 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; electronic publications, namely, books, magazines, newsletters, cartoons and periodicals featuring children's entertainment content; downloadable electronic publications, namely, books, magazines, newsletters, cartoon strips and periodicals featuring children's entertainment
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS 016
DESCRIPTION
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; stationery, drawing paper; construction paper; pens; drawing pencils; writing utensils; trading cards and posters; books, namely, novels, a series of fiction chapter books, namely, novels and books; educational books featuring leveled readers; story books; picture books; paperboard 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 made of paper; paper banners; party goodie bags of paper or plastic; party favor gift boxes sold empty; paper party decorations
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS 016
TRACKED TEXT DESCRIPTION
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; sticker packs being stickers; stationery, drawing paper; stationery; drawing paper; construction paper; pens; drawing pencils; trading cards and posters; writing utensils; books, namely, novels, a series of fiction chapter books, namely, novels and books; trading cards, other than for games; posters; books, namely, novels; a series of fiction works, namely, novels and chapter books; paperboard books, sticker 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; paper party goods, namely, napkins, table covers made of paper; 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
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (024)(current)
INTERNATIONAL CLASS 024
DESCRIPTION
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; textile napkins; textile place mats; table cloths not of paper; fabric for textile use sold by the yard
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (024)(proposed)
INTERNATIONAL CLASS 024
TRACKED TEXT DESCRIPTION
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; textile napkins; table napkins of textile; textile place mats; table cloths not of paper; fabric for textile use sold by the yard
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
Clothing, namely, children's t-shirts, t-shirts, hats, sweatshirts, shorts, sweaters, sleepwear, swim trunks for boys, underwear, jackets for boys, Halloween costumes, children's costumes; 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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
TRACKED TEXT DESCRIPTION
Clothing, namely, children's t-shirts, t-shirts, hats, sweatshirts, shorts, sweaters, sleepwear, swim trunks for boys, underwear, jackets for boys, Halloween costumes, children's costumes; 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
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (028)(current)
INTERNATIONAL CLASS 028
DESCRIPTION
Toys, namely, plush toys, poseable toys, 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, pool and 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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (028)(proposed)
INTERNATIONAL CLASS 028
TRACKED TEXT DESCRIPTION
Toys, namely, plush toys, poseable toys, 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, pool and water toys, and water guns; 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
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (029)(current)
INTERNATIONAL CLASS 029
DESCRIPTION
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; applesauce; refrigerated food package combinations consisting primarily of meat, cheese or processed vegetables; frozen prepared and packaged entrees or meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared or packaged vegetable-based entrees; hamburgers; hot dogs; jams; jellies; meat, fish, poultry and game, not live; potato crisps and chips, soups, cheese and cracker combinations, cheese spread
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (029)(proposed)
INTERNATIONAL CLASS 029
TRACKED TEXT DESCRIPTION
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; applesauce; 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 entrees or meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared and packaged vegetable-based entrees; frozen, prepared or packaged vegetable-based entrees; hamburger; hamburgers; hot dogs; jams; jellies; meat, fish, poultry and game, not live; potato crisps and chips; potato crisps and chips, soups, cheese and cracker combinations, cheese spread; soups; cheese and cracker combinations; cheese spread
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (031)(current)
INTERNATIONAL CLASS 031
DESCRIPTION
Raw fruits; fresh fruits; unprocessed fruits; raw vegetables; fresh vegetables; unprocessed vegetables; unprocessed grains for eating
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (031)(proposed)
INTERNATIONAL CLASS 031
TRACKED TEXT DESCRIPTION
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
FINAL DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (032)(no change)
GOODS AND/OR SERVICES SECTION (041)(no change)
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_661926434-172003602_._Signed_Declaration.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\883\828\88382867\xml6\ROA0002.JPG
SIGNATORY'S NAME Stacy Walker
SIGNATORY'S POSITION Director, Legal Affairs
RESPONSE SIGNATURE /Stephanie L. Crigler/
SIGNATORY'S NAME Stephanie L. Crigler
SIGNATORY'S POSITION Attorney of Record, Illinois Bar Member
SIGNATORY'S PHONE NUMBER (312) 837-4317
DATE SIGNED 12/05/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Dec 05 17:52:13 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
191205175213147278-883828
67-700c05e5223e9c0f8cf35d
3e2c1a52714cdaa696d78f362
13e1b6d109b8cc4d5-N/A-N/A
-20191205172003602564



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. 88382867 FAIRY FORCE(Standard Characters, see http://uspto.report/TM/88382867/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 009 for Digital media, namely, DVDs, sound recordings, audiovisual recordings and pre-recorded electronic media featuring music, motion pictures, and television programs 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; electronic publications, namely, books, magazines, newsletters, cartoons and periodicals featuring children's entertainment content
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: Digital media, namely, DVDs, sound recordings, audiovisual recordings and pre-recorded electronic media featuring music, motion pictures, and television programs featuring children's entertainment content; 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; electronic publications, namely, books, magazines, newsletters, cartoons and periodicals featuring children's entertainment content; downloadable electronic publications, namely, books, magazines, newsletters, cartoon strips and periodicals featuring children's entertainmentClass 009 for 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
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 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; stationery, drawing paper; construction paper; pens; drawing pencils; writing utensils; trading cards and posters; books, namely, novels, a series of fiction chapter books, namely, novels and books; educational books featuring leveled readers; story books; picture books; paperboard 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 made of paper; paper banners; party goodie bags of paper or plastic; party favor gift boxes sold empty; paper party decorations
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: 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; sticker packs being stickers; stationery, drawing paper; stationery; drawing paper; construction paper; pens; drawing pencils; trading cards and posters; writing utensils; books, namely, novels, a series of fiction chapter books, namely, novels and books; trading cards, other than for games; posters; books, namely, novels; a series of fiction works, namely, novels and chapter books; paperboard books, sticker 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; paper party goods, namely, napkins, table covers made of paper; 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 decorationsClass 016 for 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
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 024 for 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; textile napkins; textile place mats; table cloths not of paper; fabric for textile use sold by the yard
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: 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; textile napkins; table napkins of textile; textile place mats; table cloths not of paper; fabric for textile use sold by the yardClass 024 for 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
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 025 for Clothing, namely, children's t-shirts, t-shirts, hats, sweatshirts, shorts, sweaters, sleepwear, swim trunks for boys, underwear, jackets for boys, Halloween costumes, children's costumes; 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
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: Clothing, namely, children's t-shirts, t-shirts, hats, sweatshirts, shorts, sweaters, sleepwear, swim trunks for boys, underwear, jackets for boys, Halloween costumes, children's costumes; 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, socksClass 025 for 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
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 Toys, namely, plush toys, poseable toys, 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, pool and 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
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, namely, plush toys, poseable toys, 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, pool and water toys, and water guns; 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 gamesClass 028 for 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
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 029 for 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; applesauce; refrigerated food package combinations consisting primarily of meat, cheese or processed vegetables; frozen prepared and packaged entrees or meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared or packaged vegetable-based entrees; hamburgers; hot dogs; jams; jellies; meat, fish, poultry and game, not live; potato crisps and chips, soups, cheese and cracker combinations, cheese spread
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: 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; applesauce; 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 entrees or meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared and packaged vegetable-based entrees; frozen, prepared or packaged vegetable-based entrees; hamburger; hamburgers; hot dogs; jams; jellies; meat, fish, poultry and game, not live; potato crisps and chips; potato crisps and chips, soups, cheese and cracker combinations, cheese spread; soups; cheese and cracker combinations; cheese spreadClass 029 for 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
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 031 for Raw fruits; fresh fruits; unprocessed fruits; raw vegetables; fresh vegetables; unprocessed vegetables; unprocessed grains for eating
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: 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 ryegrassClass 031 for 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
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)
Declaration Signature
Original PDF file:
HS_661926434-172003602_._Signed_Declaration.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Stacy Walker
Signatory's Position: Director, Legal Affairs

Response Signature
Signature: /Stephanie L. Crigler/     Date: 12/05/2019
Signatory's Name: Stephanie L. Crigler
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: (312) 837-4317

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.

        
Serial Number: 88382867
Internet Transmission Date: Thu Dec 05 17:52:13 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191205175213147
278-88382867-700c05e5223e9c0f8cf35d3e2c1
a52714cdaa696d78f36213e1b6d109b8cc4d5-N/
A-N/A-20191205172003602564


Response to Office Action [image/jpeg]


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