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. 88403955 BLOODSHOT(Standard Characters, see http://uspto.report/TM/88403955/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, including games and playthings, namely, action figures and accessories therefor; playsets for action figures; plush toys; balloons; games, namely, board games, card games, action skill games; educational development skill games; playing cards; toy vehicles; dolls; manipulative toys; toy trains, toy musical instruments, toy kitchens, toy kitchen utensils; plastic and vinyl toy characters; apparatus for electronic games other than those adapted for use with an external display screen or monitor; home video game machines; hand-held video game machine; electronic educational game machines for children; equipment sold as a unit for playing games; hand-held game units for playing electronic games for use with external display screen or monitor; game equipment sold as a unit for playing board games and card games; stand-alone video output games machines; sporting articles; game equipment sold as a unit for playing a board game; stand alone video output game machines; slot machines; ride-on toys; gaming equipment, namely, slot machines with or without video output; jigsaw and manipulative puzzles; swimming floats for recreational use; toy sets in the nature of toy construction sets; sporting articles; Christmas tree ornaments and decorations; Halloween costume masks
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, including games and playthings, namely, action figures and accessories therefor; playsets for action figures; plush toys; balloons; games, namely, board games, card games, action skill games; educational development skill games; playing cards; toy vehicles; dolls; manipulative toys; manipulative toys, namely, manipulative games and, manipulative puzzles; toy trains, toy musical instruments, toy kitchens, toy kitchen utensils; plastic and vinyl toy characters; apparatus for electronic games other than those adapted for use with an external display screen or monitor; home video game machines; hand-held video game machine; electronic educational game machines for children; equipment sold as a unit for playing games; equipment sold as a unit for playing board, card, kickball, tossing and catching and memory games; hand-held game units for playing electronic games for use with external display screen or monitor; game equipment sold as a unit for playing board games and card games; stand-alone video output games machines; sporting articles; sporting articles, namely, balls for sport and playground use, sleds, table tennis paddles, baseball gloves, swim fins, swimming floats for recreational use, swim boards for recreational use; game equipment sold as a unit for playing a board game; stand alone video output game machines; slot machines; ride-on toys; gaming equipment, namely, slot machines with or without video output; jigsaw and manipulative puzzles; swimming floats for recreational use; toy sets in the nature of toy construction sets; sporting articles; Christmas tree ornaments and decorations; Halloween costume masks.; Halloween costume masksClass 028 for Toys, including games and playthings, namely, action figures and accessories therefor; playsets for action figures; plush toys; balloons; games, namely, board games, card games, action skill games; educational development skill games; playing cards; toy vehicles; dolls; manipulative toys, namely, manipulative games and, manipulative puzzles; toy trains, toy musical instruments, toy kitchens, toy kitchen utensils; plastic and vinyl toy characters; apparatus for electronic games other than those adapted for use with an external display screen or monitor; home video game machines; hand-held video game machine; electronic educational game machines for children; equipment sold as a unit for playing board, card, kickball, tossing and catching and memory games; hand-held game units for playing electronic games for use with external display screen or monitor; game equipment sold as a unit for playing board games and card games; stand-alone video output games machines; sporting articles, namely, balls for sport and playground use, sleds, table tennis paddles, baseball gloves, swim fins, swimming floats for recreational use, swim boards for recreational use; game equipment sold as a unit for playing a board game; stand alone video output game machines; slot machines; ride-on toys; gaming equipment, namely, slot machines with or without video output; jigsaw and manipulative puzzles; swimming floats for recreational use; toy sets in the nature of toy construction sets; Christmas tree ornaments and decorations; Halloween costume masks.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is located at

      235 PARK AVENUE SOUTH, THIRD FLOOR
      NEW YORK, New York 10003
      US

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com

The applicants proposed attorney information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      235 PARK AVENUE SOUTH, THIRD FLOOR
      NEW YORK, New York 10003
      United States

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com

Nancy Zoubek 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: NANCY ZOUBEK. NANCY ZOUBEK of RITHOLZ LEVY FIELDS LLP, is located at

      235 PARK AVENUE SOUTH, THIRD FLOOR
      NEW YORK, New York 10003
      US

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com; trademark@rlfllp.com

The applicants proposed correspondence information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is located at

      235 PARK AVENUE SOUTH, THIRD FLOOR
      NEW YORK, New York 10003
      United States

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com; trademark@rlfllp.com

SIGNATURE(S)
Response Signature
Signature: /nancy zoubek/     Date: 01/09/2020
Signatory's Name: Nancy Zoubek
Signatory's Position: Attorney of Record, New York

Signatory's Phone Number: 212-448-1800

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:    NANCY ZOUBEK
   RITHOLZ LEVY FIELDS LLP
   
   235 PARK AVENUE SOUTH, THIRD FLOOR
   NEW YORK, New York 10003
Mailing Address:    Nancy Zoubek
   RITHOLZ LEVY FIELDS LLP
   235 PARK AVENUE SOUTH, THIRD FLOOR
   NEW YORK, New York 10003
        
Serial Number: 88403955
Internet Transmission Date: Thu Jan 09 22:16:49 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200109221649
183499-88403955-70011d7f88c4b99d12e59227
c9dce3ccf79bad903c6da5dc34bc4e105a41609e
39-N/A-N/A-20200109221046170419