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. 88900215 SENSORY FX (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8890021 5/large) has been amended as follows:

EVIDENCE
Evidence has been attached: Response to office action
Original Specimen:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for Novelty toy modules and kits in the nature of ASMR sensory stimulation toys; Novelty toy modules and kits in the nature of Fidget Toys for sensory stimulation
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/15/2020 and first used in commerce at least as early as 01/15/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Novelty toy modules and kits in the nature of ASMR sensory stimulation toys; Novelty toy items in the nature of sensory stimulation toy modules and kits comprising pods, bars and cubes with different textures and designs that can be manipulated to exhibit different sounds creating automomous sensory meridian response (ASMR); Novelty toy modules and kits in the nature of Fidget Toys for sensory stimulation; Novelty toy modules and kits featuring pods, bars and cubes with different textures and designs that can be manipulated to exhibit different sounds for ASMR sensory stimulationClass 028 for Novelty toy items in the nature of sensory stimulation toy modules and kits comprising pods, bars and cubes with different textures and designs that can be manipulated to exhibit different sounds creating automomous sensory meridian response (ASMR); Novelty toy modules and kits featuring pods, bars and cubes with different textures and designs that can be manipulated to exhibit different sounds for ASMR sensory stimulation
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/15/2020 and first used in commerce at least as early as 01/15/2020 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant contests the merits of the examining attorney's requirement for a disclaimer, but in the alternative, consents to entry of the disclaimer

Correspondence Information (current):
      JOSEPH M. KUO
      PRIMARY EMAIL FOR CORRESPONDENCE: joseph.kuo@saul.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): laura.disanto@saul.com; trademarks@saul.com
Correspondence Information (proposed):
      Joseph M. Kuo
      PRIMARY EMAIL FOR CORRESPONDENCE: joseph.kuo@saul.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): laura.disanto@saul.com; trademarks@saul.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: /Joseph M Kuo/     Date: 07/13/2020
Signatory's Name: Joseph M Kuo
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 312-876-7151

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:    JOSEPH M. KUO
   SAUL EWING ARNSTEIN & LEHR LLP
   
   161 NORTH CLARK STREET, SUITE 4200
   CHICAGO, Illinois 60601
Mailing Address:    Joseph M. Kuo
   SAUL EWING ARNSTEIN & LEHR LLP
   161 NORTH CLARK STREET, SUITE 4200
   CHICAGO, Illinois 60601
        
Serial Number: 88900215
Internet Transmission Date: Mon Jul 13 10:02:19 ET 2020
TEAS Stamp: USPTO/ROA-X.XX.XX.X-20200713100219588917
-88900215-7403a3592b3779465b96929f7cbe68
d597194717a93a797d963e73b3913de9925-N/A-
N/A-20200713095304413685