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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88801776 POWER FIGURE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8880177 6/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for Toys, namely, small shapes and figurines that emit visible light; Toys, namely, construction interlocking bricks that emit visible light; Educational toys, namely, blocks that connect to a power source and emit visible light; Action figure toys that emit visible light; Articles Battery operated action toys that emit visible light; Toy figures in a video game that appear to emit light; Construction toys incorporating light emitting diodes; Electric action toys that emit visible light; Electronic novelty toys, namely, toys that electronically record, play back, and emit visible light; Fantasy character toys that emit visible light; Flying toys that emit visible light; Flying disk that emits visible light; three dimensional toys for use in games that emit visible light; action figures; illuminated action figures; illuminated robots; illuminated blocks; illuminated dolls; board games; video games; animated books; cartoons; puzzles; trading cards
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, small shapes and figurines that emit visible light; namely, construction interlocking bricks that emit visible light; Toys, namely, construction interlocking bricks that emit visible light; Educational toys, namely, blocks that connect to a power source and emit visible light; Action figure toys that emit visible light; Battery operated action toys that emit visible light; Articles Battery operated action toys that emit visible light; Toy figures for use in playing video games that appear to emit light; Toy figures in a video game that appear to emit light; Construction toys incorporating light emitting diodes; Electric action toys that emit visible light; Electronic novelty toys in the nature of toy action figures and robots, namely, toys that electronically record, play back, and emit visible light; Electronic novelty toys, namely, toys that electronically record, play back, and emit visible light; Fantasy character toys that emit visible light; Flying toys in the nature of disks, balls and saucers that emit visible light; Flying toys that emit visible light; Flying disk that emits visible light; positionable three dimensional toys for use in games that emit visible light; three dimensional toys for use in games that emit visible light; action figures; illuminated action figures; illuminated toy robots; illuminated robots; illuminated toy blocks; illuminated blocks; illuminated dolls; board games; video game cartridges; video games; puzzles; animated books; trading cards for games; cartoons; trading cardsClass 028 for namely, construction interlocking bricks that emit visible light; Educational toys, namely, blocks that connect to a power source and emit visible light; Action figure toys that emit visible light; Battery operated action toys that emit visible light; Toy figures for use in playing video games that appear to emit light; Construction toys incorporating light emitting diodes; Electric action toys that emit visible light; Electronic novelty toys in the nature of toy action figures and robots, namely, toys that electronically record, play back, and emit visible light; Fantasy character toys that emit visible light; Flying toys in the nature of disks, balls and saucers that emit visible light; Flying disk that emits visible light; positionable three dimensional toys for use in games that emit visible light; action figures; illuminated action figures; illuminated toy robots; illuminated toy blocks; illuminated dolls; board games; video game cartridges; puzzles; trading cards for games
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use FIGURE apart from the mark as shown.

Correspondence Information (current):
      JUSTIN LAMPEL
      PRIMARY EMAIL FOR CORRESPONDENCE: jlampel@lampellaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ADV-T-20-03.
Correspondence Information (proposed):
      Justin Lampel
      PRIMARY EMAIL FOR CORRESPONDENCE: jlampel@lampellaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ADV-T-20-03.

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: /Justin Lampel/     Date: 10/14/2020
Signatory's Name: Justin Lampel
Signatory's Position: Attorney

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:    JUSTIN LAMPEL
   LAMPEL & ASSOCIATES, P.C.
   
   555 SKOKIE BLVD., SUITE 500
   NORTHBROOK, Illinois 60062
Mailing Address:    Justin Lampel
   LAMPEL & ASSOCIATES, P.C.
   555 SKOKIE BLVD., SUITE 500
   NORTHBROOK, Illinois 60062
        
Serial Number: 88801776
Internet Transmission Date: Wed Oct 14 12:01:36 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20201014120136494524-88801776-
75041345ca8622dab4424b7d6afaf99b4bfe7ed7
6bde84cf5b74aef4e2f438fd3-N/A-N/A-202010
14115843925008