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. 88430566 ULTRA SAND SET(Standard Characters, see http://uspto.report/TM/88430566/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 Toy vehicles; Electronic toy vehicles; Electronically operated toy motor vehicles; Non-electronic toy vehicles; Radio controlled toy vehicles; Radio-controlled toy vehicles; Remote-controlled toy vehicles
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 08/28/2018 and first used in commerce at least as early as 08/28/2018 , and is now in use in such commerce.

Proposed: Class 028 for Toy vehicles; Electronic toy vehicles; Electronically operated toy motor vehicles; Non-electronic toy vehicles; Radio controlled toy vehicles; Radio-controlled toy vehicles; Remote-controlled toy vehicles
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 08/28/2018 and first used in commerce at least as early as 08/28/2018 , 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 Photograph of Applicant's product showing use of the mark in commerce .
"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]. Specimen File1

The applicant hereby appoints Adriano Pacifici. Adriano Pacifici of Intellectual Property Consulting, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite B
      334 Carondelet Street
      New Orleans, Louisiana 70130
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 01049.

The phone number is 504-323-6600.

The email address is apacifici@iplawconsulting.com

Adriano Pacifici 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: NIKKO TOYS LIMITED. NIKKO TOYS LIMITED of NIKKO TOYS LIMITED, is located at

      UNIT 2901, SHUI ON CENTRE
      6-8 HARBOUR ROAD,
      HK

The email address is general@nikkotoys.com

The applicants proposed correspondence information: Adriano Pacifici. Adriano Pacifici of Intellectual Property Consulting, LLC, is located at

      Suite B
      334 Carondelet Street
      New Orleans, Louisiana 70130
      United States
The docket/reference number is 01049.

The phone number is 504-323-6600.

The email address is apacifici@iplawconsulting.com; trademarks@iplawconsulting.com; general@nikkotoys.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: /APacifici/      Date: 10/23/2019
Signatory's Name: Adriano Pacifici
Signatory's Position: Attorney of Record
Signatory's Phone Number: 504-323-6600


Response Signature
Signature: /APacifici/     Date: 10/23/2019
Signatory's Name: Adriano Pacifici
Signatory's Position: Attorney of record

Signatory's Phone Number: 504-323-6600

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:    NIKKO TOYS LIMITED
   NIKKO TOYS LIMITED
   
   UNIT 2901, SHUI ON CENTRE
   6-8 HARBOUR ROAD,
Mailing Address:    Adriano Pacifici
   Intellectual Property Consulting, LLC
   Suite B
   334 Carondelet Street
   New Orleans, Louisiana 70130
        
Serial Number: 88430566
Internet Transmission Date: Wed Oct 23 16:02:55 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019102316025506
1517-88430566-6106ed572cc13b4d26a25196cd
267b2d7fe3a8670cd53eebdf8527ccee2a99da4b
-N/A-N/A-20191023155644595364