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. 90079695 WISP CREATIONS(Standard Characters, see http://uspto.report/TM/90079695/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: The first attached file, the pdf, consists of the substantive argument for withdrawal of the 2(d) refusal. The other three attached files consist of the supporting evidence as referenced in the argument.
JPG file(s):Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_6819957177-2021042916 0726136868_._WISP_CREATIO NS_90079695_OAR_argument.pdf
Converted PDF file(s) ( 13 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for Playhouses for children
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: Playhouses for children; Custom-made playhouses for childrenClass 028 for Custom-made playhouses for children
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 CREATIONS apart from the mark as shown.


The owner's/holder's proposed attorney information: Thomas M. Wilentz. Thomas M. Wilentz of Thomas M. Wilentz, Attorney at Law, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4th Floor
      75 South Broadway
      White Plains, New York 10601
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
      The phone number is 914-723-0394.
      The fax number is 914-206-3787.
      The email address is twilentz@tmwlaw.com

Thomas M. Wilentz submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      KYTE, DANIEL
      PRIMARY EMAIL FOR CORRESPONDENCE: kyte.d.1975@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmapp@legalzoom.com
Correspondence Information (proposed):
      Thomas M. Wilentz
      PRIMARY EMAIL FOR CORRESPONDENCE: twilentz@tmwlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kyte.d.1975@gmail.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: /tmw/     Date: 04/29/2021
Signatory's Name: Thomas M. Wilentz
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 914-723-0394 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:    KYTE, DANIEL
   
   
   1362 MORTAR RD.
   SEVIERVILLE, Tennessee 37876
Mailing Address:    Thomas M. Wilentz
   Thomas M. Wilentz, Attorney at Law, PLLC
   4th Floor
   75 South Broadway
   White Plains, New York 10601
        
Serial Number: 90079695
Internet Transmission Date: Thu Apr 29 16:24:35 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2021042916243519
4404-90079695-780cc53e46e17c74a8c27d6e6d
a9d93e4a9b09589ebd3aad4daaaa1673f70627f7
9-N/A-N/A-20210429160726136868