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. 88864199 ARTPOP! (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8886419 9/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for adhesives for do-it-yourself purposes, namely, glues, cement, and tapes; airbrushes for painting and parts for airbrushes for painting; pre-cut boards, namely, display boards and poster boards; art paper namely, bristol paper, drawing paper, sketch paper, graphics paper, mixed media paper, hardbound sketchbooks, and watercolor paper; artists' brushes; painting knives; canvas for painting in pad, panel, roll, and pre-stretched form; wood panels for painting and drawing; panels for painting and drawing; artist supplies for drawing and writing, namely, charcoal, erasers, inks, professional markers, pastels, drawing pencils, colored pencils, watercolor pencils, spray and fixatives; anatomical models; ready-made picture frames; tabletop easels; floor easels; graphic art supplies, namely, knives, scissors and other cutting tools, rulers, t-squares, and draughting supplies; painting palettes; acrylic paint, oil paint, tempera paint, watercolor paint, craft paints, spray paints, textile paints, finger paints, gouache paints; artist presentation books, portfolios, and storage tubes; art supply bags, backpacks, boxes, and organizers; sculpture casting and molding supplies; notebooks; journals; pen and pencil sets; stationary; office supplies, namely, staplers, sticky notes, push pins, paper clips, binder clips, pencil cases, dry erase markers, wipe boards, file folders, binders, and desktop storage boxes
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: adhesives for do-it-yourself purposes, namely, glues, cement, and tapes; adhesives for do-it-yourself purposes, namely, glues for household or stationery purposes, adhesive rubber cement for hobbyists, and adhesive tapes for stationery purposes; airbrushes for painting and parts for airbrushes for painting; pre-cut boards, namely, display boards in the nature of illustration boards and poster boards; pre-cut boards, namely, display boards and poster boards; art paper namely, bristol paper being paperboard, drawing paper, sketch paper, paper for use in the graphic arts industry, mixed media paper being a heavy weight art paper, hardbound sketchbooks, and watercolor paper; art paper namely, bristol paper, drawing paper, sketch paper, graphics paper, mixed media paper, hardbound sketchbooks, and watercolor paper; artists' brushes; canvas for painting in pad, panel, roll, and pre-stretched form; painting knives; wood panels acting as a canvas for artists for painting and drawing; panels for painting and drawing; wood panels for painting and drawing; artist supplies for drawing and writing, namely, charcoal, erasers, writing and drawing inks, professional markers, pastels, drawing pencils, colored pencils, watercolor pencils; anatomical models for scientific, instructional, and educational purposes; artist supplies for drawing and writing, namely, charcoal, erasers, inks, professional markers, pastels, drawing pencils, colored pencils, watercolor pencils, spray and fixatives; tabletop easels; anatomical models; floor easels; ready-made picture frames; graphic art supplies, namely, paper knives, craft knives, and drafting instruments, including drafting rulers and drawing T-squares; painting palettes; artist presentation books being art portfolio cases, and cardboard tubes for storing art; graphic art supplies, namely, knives, scissors and other cutting tools, rulers, t-squares, and draughting supplies; desktop organizers for holding art supplies; sculpture casting and molding supplies, namely, airdry clay, kiln clay, polymer clay, modeling clay and modeling dough; acrylic paint, oil paint, tempera paint, watercolor paint, craft paints, spray paints, textile paints, finger paints, gouache paints; notebooks; artist presentation books, portfolios, and storage tubes; blank writing journals; art supply bags, backpacks, boxes, and organizers; pen and pencil sets, namely ballpoint, technical, drawing, and gel pen and pencil sets; sculpture casting and molding supplies; stationery; office supplies, namely, staplers, adhesive note paper, push pins, paper clips, binder clips, pencil cases, dry erase markers, dry erase writing boards, file folders, binders, and desk baskets for desk accessories; journals; pen and pencil sets; stationary; office supplies, namely, staplers, sticky notes, push pins, paper clips, binder clips, pencil cases, dry erase markers, wipe boards, file folders, binders, and desktop storage boxesClass 016 for adhesives for do-it-yourself purposes, namely, glues for household or stationery purposes, adhesive rubber cement for hobbyists, and adhesive tapes for stationery purposes; pre-cut boards, namely, display boards in the nature of illustration boards and poster boards; art paper namely, bristol paper being paperboard, drawing paper, sketch paper, paper for use in the graphic arts industry, mixed media paper being a heavy weight art paper, hardbound sketchbooks, and watercolor paper; artists' brushes; canvas for painting in pad, panel, roll, and pre-stretched form; wood panels acting as a canvas for artists for painting and drawing; panels for painting and drawing; artist supplies for drawing and writing, namely, charcoal, erasers, writing and drawing inks, professional markers, pastels, drawing pencils, colored pencils, watercolor pencils; anatomical models for scientific, instructional, and educational purposes; tabletop easels; floor easels; graphic art supplies, namely, paper knives, craft knives, and drafting instruments, including drafting rulers and drawing T-squares; painting palettes; artist presentation books being art portfolio cases, and cardboard tubes for storing art; desktop organizers for holding art supplies; sculpture casting and molding supplies, namely, airdry clay, kiln clay, polymer clay, modeling clay and modeling dough; notebooks; blank writing journals; pen and pencil sets, namely ballpoint, technical, drawing, and gel pen and pencil sets; stationery; office supplies, namely, staplers, adhesive note paper, push pins, paper clips, binder clips, pencil cases, dry erase markers, dry erase writing boards, file folders, binders, and desk baskets for desk accessories
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 hereby adds the following class of goods/services to the application:
New: Class 002 for acrylic paints; oil paint; tempera paint; watercolor paint; paints for arts and crafts; finger paints; fixatives in the nature of varnishes for protection of watercolor paintings; paints for arts and crafts, specifically for use on textiles; gouache paints
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 hereby adds the following class of goods/services to the application:
New: Class 007 for air brushes for applying paint and structural parts therefor
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 hereby adds the following class of goods/services to the application:
New: Class 008 for scissors; palette knives
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 hereby adds the following class of goods/services to the application:
New: Class 020 for picture frames
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.
Correspondence Information (current):
      KATHLEEN CARTER
      PRIMARY EMAIL FOR CORRESPONDENCE: kathleen.carter@mhtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): joshua.herman@mhtlaw.com
Correspondence Information (proposed):
      Kathleen Carter
      PRIMARY EMAIL FOR CORRESPONDENCE: kathleen.carter@mhtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): joshua.herman@mhtlaw.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).

FEE(S)
Fee(s) in the amount of $1100 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /carter, kathleen/      Date: 08/28/2020
Signatory's Name: Kathleen Carter
Signatory's Position: Attorney of record, Illinois Bar member
Signatory's Phone Number: 309-671-9600


Response Signature
Signature: /carter, kathleen/     Date: 08/28/2020
Signatory's Name: Kathleen Carter
Signatory's Position: Attorney of record, Illinois Bar member

Signatory's Phone Number: 309-671-9600

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:    KATHLEEN CARTER
   MILLER, HALL & TRIGGS LLC
   SUITE 1125
   416 MAIN STREET
   PEORIA, Illinois 61602
Mailing Address:    Kathleen Carter
   MILLER, HALL & TRIGGS LLC
   SUITE 1125
   416 MAIN STREET
   PEORIA, Illinois 61602
        
RAM Sale Number: 88864199
RAM Accounting Date: 08/28/2020
        
Serial Number: 88864199
Internet Transmission Date: Fri Aug 28 16:06:20 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200828160620
102710-88864199-7406cfb85d02357f2ef10168
1268c7d4727b11e9467eedcb379c33b2487cc289
4e-CC-06187535-20200828145520859572