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 |
88524236 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK |
http://uspto.report/TM/88524236/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 Amendments and Remarks are attached as a pdf file to preserve the formatting of the text. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_703417252-20200301043957572460_._marks_for_THOR._LOVE_AND_THUNDER_in_Class_29__1127654xD1162_.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\885\242\88524236\xml1\ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\242\88524236\xml1\ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
Amendments and Remarks |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
029 |
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;
yogurt |
FINAL DESCRIPTION |
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) |
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 |
03/01/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Sun Mar 01 15:54:47 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
200301155447879304-885242
36-7106776275bdb6542c2374
93fe6d45647ffac48df136a44
837a340e073f732768a-N/A-N
/A-20200301043957572460 |
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