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. 88491939 CATS VS PICKLES(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88491939/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Entertainment software, namely, downloadable game software, downloadable mobile applications in the nature of downloadable interactive game software (or indicate entertainment function of software, e.g., editing photos, making restaurant reservations, etc., and, if software is content- or field-specific, the content or field of use), downloadable video game software, game apps for use with electronics, namely, downloadable electronic game software
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: Entertainment software, namely, downloadable game software, downloadable mobile applications in the nature of downloadable interactive game software (or indicate entertainment function of software, e.g., editing photos, making restaurant reservations, etc., and, if software is content- or field-specific, the content or field of use), downloadable video game software, game apps for use with electronics, namely, downloadable electronic game software; Entertainment software, namely, downloadable game software, downloadable mobile applications in the nature of downloadable interactive game software, downloadable video game software, and game apps for use with electronics, namely, downloadable electronic game software, International Class 9; and/orClass 009 for Entertainment software, namely, downloadable game software, downloadable mobile applications in the nature of downloadable interactive game software, downloadable video game software, and game apps for use with electronics, namely, downloadable electronic game software, International Class 9; and/or
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 proposes to amend the following:

Current:
Class 014 for Costume jewelry, children's jewelry, hair jewelry in the nature of jewelry for use in the hair, and plastic jewelry
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: Costume jewelry, children's jewelry, hair jewelry in the nature of jewelry for use in the hair, and plastic jewelry; Costume jewelry, children's jewelry, hair jewelry in the nature of jewelry for use in the hair, and plastic jewelry, International Class 14; and/orClass 014 for Costume jewelry, children's jewelry, hair jewelry in the nature of jewelry for use in the hair, and plastic jewelry, International Class 14; and/or
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 proposes to amend the following:

Current:
Class 016 for Series of childrens fiction books, stationery, cardboard and paper craft kits for set and world building, greeting cards, and decals
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: Series of childrens fiction books, stationery, cardboard and paper craft kits for set and world building, greeting cards, and decals; Series of children's fiction books, stationery, children's arts and crafts kits comprised of paper and cardboard for play set building and building models of settings in the cats v pickles world, greeting cards, and decals, International Class 16; and/orClass 016 for Series of children's fiction books, stationery, children's arts and crafts kits comprised of paper and cardboard for play set building and building models of settings in the cats v pickles world, greeting cards, and decals, International Class 16; and/or
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 proposes to amend the following:

Current:
Class 018 for Bags, and backpacks
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: Bags, and backpacks; Bags, namely, handbags, leather handbags, travel bags, weekend bags, gym bags, sports bags, evening bags, and backpacks, International Class 18; and/orClass 018 for Bags, namely, handbags, leather handbags, travel bags, weekend bags, gym bags, sports bags, evening bags, and backpacks, International Class 18; and/or
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 proposes to amend the following:

Current:
Class 020 for Pillows; ornaments, namely, ornaments of plaster, plastic, wax and wood not including Christmas tree ornaments, holiday ornaments of plastic which are not tree ornaments, ornaments made of textiles which are not tree ornaments, and party ornaments of plastic
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: Pillows; ornaments, namely, ornaments of plaster, plastic, wax and wood not including Christmas tree ornaments, holiday ornaments of plastic which are not tree ornaments, ornaments made of textiles which are not tree ornaments, and party ornaments of plastic; ornaments, namely, ornaments of plaster, plastic, wax, and wood not including Christmas tree ornaments, holiday ornaments of plastic which are not tree ornaments, ornaments made of textiles which are not tree ornaments, and party ornaments of plastic, International Class 20; and/orClass 020 for Pillows; ornaments, namely, ornaments of plaster, plastic, wax, and wood not including Christmas tree ornaments, holiday ornaments of plastic which are not tree ornaments, ornaments made of textiles which are not tree ornaments, and party ornaments of plastic, International Class 20; and/or
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 proposes to amend the following:

Current:
Class 021 for China ornaments, aquarium ornaments, and ornaments of crystal, glass, porcelain, and terra cotta which are not tree ornaments; pins, namely, clothing pins, pinned combs and sponges, pinned brushes (except paint brushes)
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: China ornaments, aquarium ornaments, and ornaments of crystal, glass, porcelain, and terra cotta which are not tree ornaments; pins, namely, clothing pins, pinned combs and sponges, pinned brushes (except paint brushes); pins, namely, clothing pins, International Class 21; and/orClass 021 for China ornaments, aquarium ornaments, and ornaments of crystal, glass, porcelain, and terra cotta which are not tree ornaments; pins, namely, clothing pins, International Class 21; and/or
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 proposes to amend the following:

Current:
Class 024 for Children's bed linens, children's bath linens, bed sheets, pillowcases; blankets, namely, fleece blankets, baby blankets, travelling blankets, lap blankets, woolen blankets, silk blankets, bed blankets and children's blankets, throws, and fabric window treatments, namely, curtains, draperies, sheers, swags and valances
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: Children's bed linens, children's bath linens, bed sheets, pillowcases; Children's bed linens, children's bath linens, bed sheets, and pillowcases; blankets, namely, fleece blankets, baby blankets, travelling blankets, lap blankets, woolen blankets, silk blankets, bed blankets and children's blankets, throws, and fabric window treatments, namely, curtains, draperies, sheers, swags and valances; blankets, namely, fleece blankets, baby blankets, travelling blankets, lap blankets, woolen blankets, silk blankets, bed blankets and children's blankets, throws, and fabric window treatments, namely, curtains, draperies, sheers, swags, and valances, International Class 24; and/orClass 024 for Children's bed linens, children's bath linens, bed sheets, and pillowcases; blankets, namely, fleece blankets, baby blankets, travelling blankets, lap blankets, woolen blankets, silk blankets, bed blankets and children's blankets, throws, and fabric window treatments, namely, curtains, draperies, sheers, swags, and valances, International Class 24; and/or
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 proposes to amend the following:

Current:
Class 025 for Clothing, namely, shirts, pants, skirts, socks, dresses, jackets, and underwear; footwear, and headwear
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: Clothing, namely, shirts, pants, skirts, socks, dresses, jackets, and underwear; footwear, and headwear; footwear, and headwear, International Class 25; and/orClass 025 for Clothing, namely, shirts, pants, skirts, socks, dresses, jackets, and underwear; footwear, and headwear, International Class 25; and/or
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 proposes to amend the following:

Current:
Class 028 for Dolls; dolls, namely, toy doll figures, toy doll figurines, toy doll collectible figures, plush dolls and bean-filled stuffed doll characters; Christmas tree ornaments
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: Dolls; dolls, namely, toy doll figures, toy doll figurines, toy doll collectible figures, plush dolls and bean-filled stuffed doll characters; dolls, namely, toy doll figures, toy doll figurines, toy doll collectible figures, plush dolls, and bean-filled stuffed doll characters; Christmas tree ornaments; Christmas tree ornaments, International Class 28.Class 028 for Dolls; dolls, namely, toy doll figures, toy doll figurines, toy doll collectible figures, plush dolls, and bean-filled stuffed doll characters; Christmas tree ornaments, International Class 28.
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):
      Robert Maher
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@ippartnerspc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@ippartnerspc.com; bob@ippartnerspc.com
Correspondence Information (proposed):
      Robert Maher
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@ippartnerspc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@ippartnerspc.com; bob@ippartnerspc.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: /Robert Maher/     Date: 10/15/2020
Signatory's Name: Robert Maher
Signatory's Position: Attorney of Record

Signatory's Phone Number: 3143257800

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:    Robert Maher
   INTELLECTUAL PROPERTY PARTNERS P.C.
   
   20 S. SARAH STREET
   SAINT LOUIS, Missouri 63108
Mailing Address:    Robert Maher
   INTELLECTUAL PROPERTY PARTNERS P.C.
   20 S. SARAH STREET
   SAINT LOUIS, Missouri 63108
        
Serial Number: 88491939
Internet Transmission Date: Thu Oct 15 20:04:11 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20201015200411217534-88491939-
750b7c6722b69613a30ad6bae18ccdc1a83decf9
a33c02527c441fb48b1ac62ba89-N/A-N/A-2020
1015192850204971