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 |
88524229 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK |
http://uspto.report/TM/88524229/mark.png |
LITERAL ELEMENT |
THOR: LOVE AND THUNDER |
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. |
OWNER SECTION (current) |
NAME |
Marvel Characters, Inc. |
STREET |
500 South Buena Vista Street |
CITY |
Burbank |
STATE |
California |
ZIP/POSTAL CODE |
91521 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Marvel Characters, Inc. |
STREET |
500 South Buena Vista Street |
CITY |
Burbank |
STATE |
California |
ZIP/POSTAL CODE |
91521 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
Trademarks.-.US@disney.com |
ARGUMENT(S) |
The Amendment and Remarks are attached as a pdf file to preserve the formatting of the text and the table. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_703417252-20200226054256299906_._marks_for_THOR._LOVE_AND_THUNDER_in_Class_28__1125546xD1162_.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\885\242\88524229\xml1\ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\242\88524229\xml1\ROA0003.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\242\88524229\xml1\ROA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\242\88524229\xml1\ROA0005.JPG |
DESCRIPTION OF EVIDENCE FILE |
Amendment and Remarks |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Toys, games and playthings; gymnastic and sporting articles (except clothing); hand-held units for playing electronic games for use
with or without an external display screen or monitor; skins for covering and protecting apparatus; paper party favors; paper party hats; Christmas stockings; Christmas tree ornaments and
decorations; snow globes |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Toys, games and playthings; Action skill games; gymnastic and sporting articles (except clothing); action figures; board games; skins for covering and protecting apparatus; card games; children's multiple activity toys;
badminton sets; balloons; basketballs; bath
toys; baseball bats; baseballs; beach balls; bean bags; bean bag dolls; bobblehead dolls; bowling balls;
bubble making wand and solution sets; chess sets; toy imitation cosmetics;
Christmas stockings; Christmas tree ornaments and decorations; collectable toy figures; crib mobiles; crib toys; disc toss toys; dolls; doll clothing; doll accessories; doll playsets; electric
action toys; equipment sold as a unit for playing card games; fishing tackle; fishing rods; footballs; golf balls; golf gloves; golf ball markers; hand-held units for playing electronic games for use with or without an external display screen or monitor; hockey pucks; hockey sticks; infant toys; inflatable toys;
inflatable pool toys; jigsaw puzzles; jump ropes; kites; magic tricks; marbles; manipulative games; mechanical toys; music box toys; musical toys; parlor games;
party favors in the nature of small toys; paper party favors; paper party hats; party games; playing cards; plush toys; puppets; roller skates; rubber balls; skateboards; snow boards;
snow globes; soccer balls; spinning tops; squeeze
toys; stuffed toys; table tennis balls; table tennis paddles and rackets;
table tennis tables; talking toys; target games; teddy bears; tennis balls; tennis rackets; toy action figures and
accessories therefor; toy boats; toy bucket and shovel sets in the nature of sand toys; toy building blocks; toy mobiles; toy vehicles; toy scooters;
toy cars; toy figures; toy banks; toy
vehicles in the nature of trucks; toy watches; toy weapons; toy building
structures and toy vehicle tracks; video game machines for use with televisions; volley balls; wind-up toys; yo-yos; toy trains and parts and accessories therefor; toy aircraft; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game consoles, and
hand-held video game units; balls for games; battery operated action toys; bendable toys; construction toys; game tables; inflatable inner tubes
for aquatic recreational use; inflatable swimming pools; piñatas; radio
controlled toy vehicles; role playing games; snow sleds for recreational use; stacking toys; surf boards; swim fins; toy furniture;
toy gliders; toy masks; toy model train sets; water slides |
FINAL DESCRIPTION |
Action skill games; action figures; board games; card games; children's multiple activity toys; badminton sets; balloons; basketballs;
bath toys; baseball bats; baseballs; beach balls; bean bags; bean bag dolls; bobblehead dolls; bowling balls; bubble making wand and solution sets; chess sets; toy imitation cosmetics; Christmas
stockings; Christmas tree ornaments and decorations; collectable toy figures; crib mobiles; crib toys; disc toss toys; dolls; doll clothing; doll accessories; doll playsets; electric action toys;
equipment sold as a unit for playing card games; fishing tackle; fishing rods; footballs; golf balls; golf gloves; golf ball markers; hand-held units for playing electronic games for use with or
without an external display screen or monitor; hockey pucks; hockey sticks; infant toys; inflatable toys; inflatable pool toys; jigsaw puzzles; jump ropes; kites; magic tricks; marbles; manipulative
games; mechanical toys; music box toys; musical toys; parlor games; party favors in the nature of small toys; paper party favors; paper party hats; party games; playing cards; plush toys; puppets;
roller skates; rubber balls; skateboards; snow boards; snow globes; soccer balls; spinning tops; squeeze toys; stuffed toys; table tennis balls; table tennis paddles and rackets; table tennis tables;
talking toys; target games; teddy bears; tennis balls; tennis rackets; toy action figures and accessories therefor; toy boats; toy bucket and shovel sets in the nature of sand toys; toy building
blocks; toy mobiles; toy vehicles; toy scooters; toy cars; toy figures; toy banks; toy vehicles in the nature of trucks; toy watches; toy weapons; toy building structures and toy vehicle tracks;
video game machines for use with televisions; volley balls; wind-up toys; yo-yos; toy trains and parts and accessories therefor; toy aircraft; fitted plastic films known as skins for covering and
protecting electronic game playing apparatus, namely, video game consoles, and hand-held video game units; balls for games; battery operated action toys; bendable toys; construction toys; game
tables; inflatable inner tubes for aquatic recreational use; inflatable swimming pools; piñatas; radio controlled toy vehicles; role playing games; snow sleds for recreational use; stacking toys;
surf boards; swim fins; toy furniture; toy gliders; toy masks; toy model train sets; water slides |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
Steve Ackerman |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarks@disney.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
cpinkus@marvel.com; allison.kipp@kelly-ip.com; docketing@kelly-ip.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Steve Ackerman |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarks@disney.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
cpinkus@marvel.com; allison.kipp@kelly-ip.com; docketing@kelly-ip.com |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Linda McLeod/ |
SIGNATORY'S NAME |
Linda K. McLeod |
SIGNATORY'S POSITION |
Associate Attorney of Record, D.C. Bar Member |
SIGNATORY'S PHONE NUMBER |
202-808-3570 |
DATE SIGNED |
02/26/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Feb 27 13:35:53 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
200227133553724810-885242
29-710f757839be2148543ac2
d4d8888fce37dfeabaf5ce02e
888d1198a97e56dba7-N/A-N/
A-20200226054256299906 |
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.
88524229 THOR: LOVE AND THUNDER(Standard Characters, see http://uspto.report/TM/88524229/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Amendment and Remarks are attached as a pdf file to preserve the formatting of the text and the table.
EVIDENCE
Evidence in the nature of Amendment and Remarks has been attached.
Original PDF file:
evi_703417252-20200226054256299906_._marks_for_THOR._LOVE_AND_THUNDER_in_Class_28__1125546xD1162_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 028 for Toys, games and playthings; gymnastic and sporting articles (except clothing); hand-held units for playing electronic games for use with or without an external display
screen or monitor; skins for covering and protecting apparatus; paper party favors; paper party hats; Christmas stockings; Christmas tree ornaments and decorations; snow globes
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, games and playthings;
Action skill games;
gymnastic
and sporting articles (except clothing);
action figures;
board games;
skins for
covering and protecting apparatus;
card games;
children's multiple activity toys;
badminton sets;
balloons;
basketballs;
bath toys;
baseball bats;
baseballs;
beach balls;
bean bags;
bean bag dolls;
bobblehead dolls;
bowling balls;
bubble
making wand and solution sets;
chess sets;
toy imitation cosmetics;
Christmas stockings;
Christmas tree ornaments and decorations;
collectable toy figures;
crib mobiles;
crib toys;
disc toss toys;
dolls;
doll clothing;
doll accessories;
doll playsets;
electric action toys;
equipment sold as a unit for playing card games;
fishing tackle;
fishing rods;
footballs;
golf balls;
golf gloves;
golf ball markers;
hand-held units for playing electronic games for use with or without an external display screen or monitor;
hockey pucks;
hockey sticks;
infant toys;
inflatable toys;
inflatable pool
toys;
jigsaw puzzles;
jump ropes;
kites;
magic tricks;
marbles;
manipulative games;
mechanical toys;
music box toys;
musical toys;
parlor games;
party
favors in the nature of small toys;
paper party favors;
paper party hats;
party games;
playing cards;
plush toys;
puppets;
roller skates;
rubber balls;
skateboards;
snow boards;
snow
globes;
soccer balls;
spinning tops;
squeeze toys;
stuffed toys;
table tennis balls;
table tennis paddles and rackets;
table tennis tables;
talking toys;
target games;
teddy bears;
tennis balls;
tennis rackets;
toy action figures and accessories therefor;
toy boats;
toy bucket and shovel sets in the nature of sand toys;
toy building
blocks;
toy mobiles;
toy vehicles;
toy scooters;
toy cars;
toy figures;
toy banks;
toy vehicles in the nature of
trucks;
toy watches;
toy weapons;
toy building structures and toy vehicle
tracks;
video game machines for use with televisions;
volley balls;
wind-up
toys;
yo-yos;
toy trains and parts and accessories therefor;
toy
aircraft;
fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game consoles, and hand-held video
game units;
balls for games;
battery operated action toys;
bendable toys;
construction toys;
game tables;
inflatable inner tubes for aquatic recreational
use;
inflatable swimming pools;
piñatas;
radio controlled toy vehicles;
role playing games;
snow sleds for recreational use;
stacking toys;
surf boards;
swim fins;
toy furniture;
toy
gliders;
toy masks;
toy model train sets;
water slidesClass 028 for
Action skill games; action figures; board games; card games; children's multiple activity toys; badminton sets; balloons; basketballs; bath toys; baseball bats; baseballs; beach balls; bean bags;
bean bag dolls; bobblehead dolls; bowling balls; bubble making wand and solution sets; chess sets; toy imitation cosmetics; Christmas stockings; Christmas tree ornaments and decorations; collectable
toy figures; crib mobiles; crib toys; disc toss toys; dolls; doll clothing; doll accessories; doll playsets; electric action toys; equipment sold as a unit for playing card games; fishing tackle;
fishing rods; footballs; golf balls; golf gloves; golf ball markers; hand-held units for playing electronic games for use with or without an external display screen or monitor; hockey pucks; hockey
sticks; infant toys; inflatable toys; inflatable pool toys; jigsaw puzzles; jump ropes; kites; magic tricks; marbles; manipulative games; mechanical toys; music box toys; musical toys; parlor games;
party favors in the nature of small toys; paper party favors; paper party hats; party games; playing cards; plush toys; puppets; roller skates; rubber balls; skateboards; snow boards; snow globes;
soccer balls; spinning tops; squeeze toys; stuffed toys; table tennis balls; table tennis paddles and rackets; table tennis tables; talking toys; target games; teddy bears; tennis balls; tennis
rackets; toy action figures and accessories therefor; toy boats; toy bucket and shovel sets in the nature of sand toys; toy building blocks; toy mobiles; toy vehicles; toy scooters; toy cars; toy
figures; toy banks; toy vehicles in the nature of trucks; toy watches; toy weapons; toy building structures and toy vehicle tracks; video game machines for use with televisions; volley balls; wind-up
toys; yo-yos; toy trains and parts and accessories therefor; toy aircraft; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game
consoles, and hand-held video game units; balls for games; battery operated action toys; bendable toys; construction toys; game tables; inflatable inner tubes for aquatic recreational use; inflatable
swimming pools; piñatas; radio controlled toy vehicles; role playing games; snow sleds for recreational use; stacking toys; surf boards; swim fins; toy furniture; toy gliders; toy masks; toy model
train sets; water slides
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.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Marvel Characters, Inc., a corporation of Delaware, having an address of
500 South Buena Vista Street
Burbank, California 91521
United States
Proposed: Marvel Characters, Inc., a corporation of Delaware, having an address of
500 South Buena Vista Street
Burbank, California 91521
United States
Email Address: Trademarks.-.US@disney.com
Correspondence Information (current):
Steve Ackerman
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@disney.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cpinkus@marvel.com; allison.kipp@kelly-ip.com; docketing@kelly-ip.com
Correspondence Information (proposed):
Steve Ackerman
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@disney.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cpinkus@marvel.com; allison.kipp@kelly-ip.com; docketing@kelly-ip.com
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
SIGNATURE(S)
Response Signature
Signature: /Linda McLeod/ Date: 02/26/2020
Signatory's Name: Linda K. McLeod
Signatory's Position: Associate Attorney of Record, D.C. Bar Member
Signatory's Phone Number: 202-808-3570
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: Steve Ackerman
THE WALT DISNEY COMPANY
IP DEPARTMENT - TRADEMARK GROUP
500 SOUTH BUENA VISTA STREET
BURBANK, California 91521
Mailing Address: Steve Ackerman
THE WALT DISNEY COMPANY
IP DEPARTMENT - TRADEMARK GROUP
500 SOUTH BUENA VISTA STREET
BURBANK, California 91521
Serial Number: 88524229
Internet Transmission Date: Thu Feb 27 13:35:53 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200227133553724
810-88524229-710f757839be2148543ac2d4d88
88fce37dfeabaf5ce02e888d1198a97e56dba7-N
/A-N/A-20200226054256299906