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)

---

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. 88524236 THOR: LOVE AND THUNDER(Standard Characters, see http://uspto.report/TM/88524236/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Amendments and Remarks are attached as a pdf file to preserve the formatting of the text.

EVIDENCE
Evidence in the nature of Amendments and Remarks has been attached.
Original PDF file:
evi_703417252-20200301043957572460_._marks_for_THOR._LOVE_AND_THUNDER_in_Class_29__1127654xD1162_.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 029 for Processed foods; applesauce; banana chips; butter; butter substitutes; candied fruit; cheese and cracker combinations; chili; dairy products; dips; dried fruit-based snacks; eggs; frozen, prepared or packaged entrees or meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared or packaged vegetable-based entrees; fruits; fruit peels and preserves; fruit salads; fruit-based snack food; fruit snacks; hamburgers; hot dogs; jams; jellies; margarine; marmalades; meat; fish, poultry and game; nuts; nut butters; pickles; potato chips; potato salad; potato-based snack foods; processed, canned, bottled, dried, frozen, cooked, or preserved fruits and vegetables; raisins; soup mixes; soups; vegetables; veggie burger patties
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: Processed foods; Banana chips; applesauce; butter; butter substitutes; candied fruit; cheese and cracker combinations; cheese spread; cheese; chili; dairy products; chocolate milk; dips; dried fruit-based snacks; dried fruits; drinking yogurts; eggs; fruits; frozen, prepared or packaged entrees or meals consisting primarily of meat, fish, poultry or vegetables; fruit peels and preserves; frozen, prepared or packaged vegetable-based entrees; fruit peels and fruit preserves; fruit salads; fruit snacks; fruit-based snack food; hamburgers; uncooked hamburger patties; hot dogs; jams; jellies; margarine; marmalades; meat; fish, poultry and game; fish, poultry and game, not live; nuts; nut butters; pickles; potato chips; potato salad; potato-based snack foods; processed, canned, bottled, dried, frozen, cooked, or preserved fruits and vegetables; processed fruits and vegetables; processed nuts; raisins; snack mix consisting primarily of processed fruits, processed nuts and/or raisins; vegetables; soup mixes; soups; veggie burger patties; yogurtClass 029 for Banana chips; butter; butter substitutes; candied fruit; cheese and cracker combinations; cheese spread; cheese; chili; chocolate milk; dips; dried fruit-based snacks; dried fruits; drinking yogurts; eggs; frozen, prepared or packaged entrees or meals consisting primarily of meat, fish, poultry or vegetables; frozen, prepared or packaged vegetable-based entrees; fruit peels and fruit preserves; fruit salads; fruit-based snack food; uncooked hamburger patties; hot dogs; jams; jellies; margarine; marmalades; meat; fish, poultry and game, not live; nut butters; pickles; potato chips; potato salad; potato-based snack foods; processed, canned, bottled, dried, frozen, cooked, or preserved fruits and vegetables; processed fruits and vegetables; processed nuts; raisins; snack mix consisting primarily of processed fruits, processed nuts and/or raisins; soup mixes; soups; veggie burger patties; yogurt
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: 03/01/2020
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: 88524236
Internet Transmission Date: Sun Mar 01 15:54:47 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200301155447879
304-88524236-7106776275bdb6542c237493fe6
d45647ffac48df136a44837a340e073f732768a-
N/A-N/A-20200301043957572460