Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90062595 FLIP CARS (Stylized and/or with Design, see ) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for Games, namely, electronic games, checkers games, board games, dart games; games apparatus, namely, bases, bats, and ball for playing indoor and outdoor games; fairground ride apparatus; toy vehicles; toys, namely, infant toys, toy cars, plush toys, toys blocks; toy models; trading cards for games; playing balls; complete sets of model train toys; toy vehicles pathway; intelligent toys; scale model kits; transforming toys
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: Games, namely, electronic games, checkers games, board games, dart games; Electronic games, namely, checkers games, board games, dart games; games apparatus, namely, bases, bats, and ball for playing indoor and outdoor games; fairground ride apparatus; fairground ride apparatus, namely, amusement park rides; toy vehicles; toys, namely, infant toys, toy cars, plush toys, toys blocks; toys, namely, infant toys, toy cars, plush toys, toy building blocks; toy models; trading cards for games; playing balls; playing sports balls; complete sets of model train toys; toy vehicles pathway; toy vehicles pathway, namely, toy vehicle tracks; intelligent toys; intelligent toys, namely, smart plush toys; scale model kits; transforming toys; transforming robotic toysClass 028 for Electronic games, namely, checkers games, board games, dart games; games apparatus, namely, bases, bats, and ball for playing indoor and outdoor games; fairground ride apparatus, namely, amusement park rides; toy vehicles; toys, namely, infant toys, toy cars, plush toys, toy building blocks; toy models; trading cards for games; playing sports balls; complete sets of model train toys; toy vehicles pathway, namely, toy vehicle tracks; intelligent toys, namely, smart plush toys; scale model kits; transforming robotic toys
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


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


Description of mark
The mark consists of the stylized wording "FLIP CARS", with the "C" in "CARS" represented by the design of a tire. Below "FLIP" are six unshaded quadrilaterals. The whole design is outlined by a carrier with a shaded background and unshaded outlining.
Correspondence Information (current):
      JOHN S. EGBERT
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@emsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4186-16.
Correspondence Information (proposed):
      John S. Egbert
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@emsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4186-16.

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)
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: /4186-16/      Date: 03/08/2021
Signatory's Name: Michael F. Swartz
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 713-224-8080

Signature method: Signed directly within the form

Response Signature
Signature: /4186-16/     Date: 03/08/2021
Signatory's Name: Michael F. Swartz
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 713-224-8080 Signature method: Signed directly within the form

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:    JOHN S. EGBERT
   EGBERT, MCDANIEL & SWARTZ, PLLC
   
   1001 TEXAS AVE., SUITE 1250
   HOUSTON, Texas 77002
Mailing Address:    John S. Egbert
   EGBERT, MCDANIEL & SWARTZ, PLLC
   1001 TEXAS AVE., SUITE 1250
   HOUSTON, Texas 77002
        
Serial Number: 90062595
Internet Transmission Date: Mon Mar 08 13:11:34 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021030813113405
5772-90062595-7703f434f7c5a273f463dee50e
d9738f332219da5ec8a48ba2b28c5cc65edf57-N
/A-N/A-20210308130854511995