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. 88437529 UNIVERSE OF IMAGINATION(Standard Characters, see http://uspto.report/TM/88437529/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 016 for Arts and craft paint kits, paint brushes, markers, color pencils, drawing pads, paper, construction paper pads; magnetic drawing boards; children's easels; stationery sets for making art, collage and crafts; glues and gel pens; magnetic counting and learning boards
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: Arts and craft paint kits, paint brushes, markers, color pencils, drawing pads, paper, construction paper pads; magnetic drawing boards; children's easels; stationery sets for making art, collage and crafts; glues and gel pens; glues for stationery or household use and gel pens; magnetic counting and learning boardsClass 016 for Arts and craft paint kits, paint brushes, markers, color pencils, drawing pads, paper, construction paper pads; magnetic drawing boards; children's easels; stationery sets for making art, collage and crafts; glues for stationery or household use and gel pens; magnetic counting and learning boards
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, toy animals, toy animal figurines, toy insects, foam and plastic animal figurines and weapons, toy dinosaurs and sea animals, toy mountains; toy walker wagons, push along toys, animal ride-on toys; toy ramp racers; marble races; toy stackers; toy building blocks; foam blocks, textured blocks, shape sorters, shape sorting cubes; toy trains, train engines, train tracks, toy train tables and accessories therefor; train foam play mats for use with toys trains; toy buildings and structures; toy animal figures packaged in a backpack; toy vehicles; dolls, dollhouses and accessories therefor; toy robot claws; toy castles; toy fire stations; toy human figurines and accessories therefor; rocking horses; toy dough, dough cutter and accessories therefor; toy dough and accessories therefor for making pizza, sushi, desserts, ice cream, cookies, cakes, burgers, and other food; toy dough and accessories therefor for creating hairstyles on figurines; toy stamps and their accessories therefor; children's activity tables; toy magnetic numbers, signs, letters and pieces; toy magnetic letters packaged in a tote bag; educational toys in the nature of alphabet and number mats; construction toys and building blocks and their activity tables; natural wooden toys, namely, toy vehicles, toy garages; abaci; toy pounding benches; shape sorters; giant toy cubes; bead mazes; alphabet blocks; toy wooden blocks and building blocks; toy blocks in a wagon; marble runs; toy wooden toolboxes; wooden multiple activity toy centers; toy animals and figurines; toy prams; dollhouses and accessories therefor; wooden castles and accessories therefor; toy trains and accessories therefor. wooden train tables and accessories therefor; toy wooden whistles; outdoor toys and sporting goods and equipment, namely, bouncy horses; sensory balls; educational toys for teaching alphabets, colors, shapes, counting, numbers, words and sentences; children's music activity table; push toys in the form of activity walkers; cardboard game that teaches children how to tie their shoelaces; games, namely, animal snap card games; jigsaw puzzles; puzzles; tracing paper games; remote controlled toy animals, reptiles and insects; remote controlled toy trains; toy musical instruments, namely, xylophones, pianos, guitars, bells, drums, recorders, cymbals, maracas, rainmakers, tambourines, triangles
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, toy animals, toy animal figurines, toy insects, foam and plastic animal figurines and weapons, toy dinosaurs and sea animals, toy mountains; toy walker wagons, push along toys, animal ride-on toys; toy ramp racers; marble races; toy stackers; toy building blocks; foam blocks, textured blocks, shape sorters, shape sorting cubes; foam blocks being toys for building, textured blocks being toys for building, infant development toys, namely, shape sorters, and shape sorting cubes; toy trains, train engines, train tracks, toy train tables and accessories therefor; train foam play mats for use with toys trains; foam play mats for use with toys trains; toy buildings and structures; toy animal figures packaged in a backpack; toy vehicles; dolls, dollhouses and accessories therefor; toy robot claws; toy castles; toy fire stations; toy human figurines and accessories therefor; rocking horses; toy dough, dough cutter and accessories therefor; toy dough and accessories therefor for making pizza, sushi, desserts, ice cream, cookies, cakes, burgers, and other food; toy dough and accessories therefor for making toy pizza, sushi, desserts, ice cream, cookies, cakes, burgers, and other toy food; toy dough and accessories therefor for creating hairstyles on figurines; toy stamps and their accessories therefor; children's activity tables; children's multiple activity tables; toy magnetic numbers, signs, letters and pieces; toy magnetic letters packaged in a tote bag; educational toys in the nature of alphabet and number mats; construction toys and building blocks and their activity tables; natural wooden toys, namely, toy vehicles, toy garages; toy abacuses; abaci; toy pounding benches; shape sorters being children's toys for developing cognitive skills; shape sorters; giant toy cubes; bead mazes being manipulative toy games and puzzles; bead mazes; toy alphabet blocks being manipulative blocks for displaying words; alphabet blocks; toy wooden building blocks and building blocks; toy wooden blocks and building blocks; toy building blocks sold together as a unit with a toy wagon; toy blocks in a wagon; marble runs; toy wooden toolboxes; wooden multiple activity toy centers for building; wooden multiple activity toy centers; toy animals and figurines; toy prams; dollhouses and accessories therefor; toy wooden castles and accessories therefor; wooden castles and accessories therefor; toy trains and accessories therefor. wooden train tables and accessories therefor; toy wooden whistles; outdoor toys and sporting goods and equipment, namely, bouncy horses; sensory balls; educational toys for teaching alphabets, colors, shapes, counting, numbers, words and sentences; children's music activity table; push toys in the form of activity walkers; cardboard game that teaches children how to tie their shoelaces; games, namely, animal snap card games; jigsaw puzzles; puzzles; drawing toys in the nature of tracing paper games; tracing paper games; remote controlled toy animals, reptiles and insects; remote controlled toy trains; toy musical instruments, namely, xylophones, pianos, guitars, bells, drums, recorders, cymbals, maracas, rainmakers, tambourines, trianglesClass 028 for Toys, namely, toy animals, toy animal figurines, toy insects, foam and plastic animal figurines and weapons, toy dinosaurs and sea animals, toy mountains; toy walker wagons, push along toys, animal ride-on toys; toy ramp racers; marble races; toy stackers; toy building blocks; foam blocks being toys for building, textured blocks being toys for building, infant development toys, namely, shape sorters, and shape sorting cubes; toy trains, train engines, train tracks, toy train tables and accessories therefor; foam play mats for use with toys trains; toy buildings and structures; toy animal figures packaged in a backpack; toy vehicles; dolls, dollhouses and accessories therefor; toy robot claws; toy castles; toy fire stations; toy human figurines and accessories therefor; rocking horses; toy dough, dough cutter and accessories therefor; toy dough and accessories therefor for making toy pizza, sushi, desserts, ice cream, cookies, cakes, burgers, and other toy food; toy dough and accessories therefor for creating hairstyles on figurines; toy stamps and their accessories therefor; children's multiple activity tables; toy magnetic numbers, signs, letters and pieces; toy magnetic letters packaged in a tote bag; construction toys and building blocks and their activity tables; natural wooden toys, namely, toy vehicles, toy garages; toy abacuses; toy pounding benches; shape sorters being children's toys for developing cognitive skills; giant toy cubes; bead mazes being manipulative toy games and puzzles; toy alphabet blocks being manipulative blocks for displaying words; toy wooden building blocks and building blocks; toy building blocks sold together as a unit with a toy wagon; marble runs; toy wooden toolboxes; wooden multiple activity toy centers for building; toy animals and figurines; toy prams; dollhouses and accessories therefor; toy wooden castles and accessories therefor; toy trains and accessories therefor. wooden train tables and accessories therefor; toy wooden whistles; outdoor toys and sporting goods and equipment, namely, bouncy horses; sensory balls; educational toys for teaching alphabets, colors, shapes, counting, numbers, words and sentences; children's music activity table; push toys in the form of activity walkers; cardboard game that teaches children how to tie their shoelaces; games, namely, animal snap card games; jigsaw puzzles; puzzles; drawing toys in the nature of tracing paper games; remote controlled toy animals, reptiles and insects; remote controlled toy trains; toy musical instruments, namely, xylophones, pianos, guitars, bells, drums, recorders, cymbals, maracas, rainmakers, tambourines, triangles
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: Megan E. Spitz. Megan E. Spitz of BLANK ROME LLP, is located at

      8TH FLOOR
      ONE LOGAN SQUARE
      PHILADELPHIA, Pennsylvania 19103
      US
The docket/reference number is 119590-00109.

The phone number is 215-569-5745.

The fax number is 215-832-5745.

The email address is spitz@blankrome.com

The applicants proposed attorney information: Megan E. Spitz. Other appointed attorneys are Timothy D. Pecsenye, David M. Perry, Bruce D. George, Lisa Casey Spaniel, Zachary A. Aria, John P. Sullivan, Matthew A. Homyk, Bradford C. Craig, Shaun J. Bockert, Thomas H. Kelly, Samar Aryani-Sabet and Blake D. Fink. Megan E. Spitz of BLANK ROME LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      8TH FLOOR
      ONE LOGAN SQUARE
      PHILADELPHIA, Pennsylvania 19103
      United States
The docket/reference number is 119590-00109.

The phone number is 215-569-5745.

The fax number is 215-832-5745.

The email address is spitz@blankrome.com

Megan E. Spitz 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: MEGAN E. SPITZ. MEGAN E. SPITZ of BLANK ROME LLP, is located at

      8TH FLOOR
      ONE LOGAN SQUARE
      PHILADELPHIA, Pennsylvania 19103
      US
The docket/reference number is 119590-00109.

The phone number is 215-569-5745.

The fax number is 215-832-5745.

The email address is spitz@blankrome.com; bcraig@blankrome.com

The applicants proposed correspondence information: Megan E. Spitz. Megan E. Spitz of BLANK ROME LLP, is located at

      8TH FLOOR
      ONE LOGAN SQUARE
      PHILADELPHIA, Pennsylvania 19103
      United States
The docket/reference number is 119590-00109.

The phone number is 215-569-5745.

The fax number is 215-832-5745.

The email address is spitz@blankrome.com; bcraig@blankrome.com

SIGNATURE(S)
Response Signature
Signature: /Megan E. Spitz/     Date: 11/27/2019
Signatory's Name: Megan E. Spitz
Signatory's Position: Attorney of record, PA bar member

Signatory's Phone Number: 215-569-5745

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:    MEGAN E. SPITZ
   BLANK ROME LLP
   8TH FLOOR
   ONE LOGAN SQUARE
   PHILADELPHIA, Pennsylvania 19103
Mailing Address:    Megan E. Spitz
   BLANK ROME LLP
   8TH FLOOR
   ONE LOGAN SQUARE
   PHILADELPHIA, Pennsylvania 19103
        
Serial Number: 88437529
Internet Transmission Date: Wed Nov 27 11:59:23 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201911271159232975
94-88437529-700134a29aededf1a523585015f6
c853a98184972e1d7c37da1e3c5841b9f33a-N/A
-N/A-20191127115343562914