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. 90085751 KIDS FUN TV(Standard Characters, see http://uspto.report/TM/90085751/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence has been attached: Arguments and exhibits.
Original PDF file:
evi_1983617899-2021021015 2747563020_._Response_to_ Office_Action_KIDS_FUN_TV.pdf
Converted PDF file(s) ( 9 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9
Original PDF file:
evi_1983617899-2021021015 2747563020_._OA_EXHIBITS.pdf
Converted PDF file(s) ( 131 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44Evidence-45Evidence-46Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51Evidence-52Evidence-53Evidence-54Evidence-55Evidence-56Evidence-57Evidence-58Evidence-59Evidence-60Evidence-61Evidence-62Evidence-63Evidence-64Evidence-65Evidence-66Evidence-67Evidence-68Evidence-69Evidence-70Evidence-71Evidence-72Evidence-73Evidence-74Evidence-75Evidence-76Evidence-77Evidence-78Evidence-79Evidence-80Evidence-81Evidence-82Evidence-83Evidence-84Evidence-85Evidence-86Evidence-87Evidence-88Evidence-89Evidence-90Evidence-91Evidence-92Evidence-93Evidence-94Evidence-95Evidence-96Evidence-97Evidence-98Evidence-99Evidence-100Evidence-101Evidence-102Evidence-103Evidence-104Evidence-105Evidence-106Evidence-107Evidence-108Evidence-109Evidence-110Evidence-111Evidence-112Evidence-113Evidence-114Evidence-115Evidence-116Evidence-117Evidence-118Evidence-119Evidence-120Evidence-121Evidence-122Evidence-123Evidence-124Evidence-125Evidence-126Evidence-127Evidence-128Evidence-129Evidence-130Evidence-131

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Books; sticker kits; sticker books; stickers; activity books
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: Books; Children's books; sticker kits; sticker kits comprising stickers; sticker books; stickers; activity booksClass 016 for Children's books; sticker kits comprising stickers; sticker books; stickers; activity books
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


Applicant proposes to amend the following:

Current:
Class 025 for Shirts; t-shirts; sweatshirts; hats; beanies; bandanas; caps; aprons
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: Shirts; t-shirts; sweatshirts; hats; beanies; bandanas; caps; caps being headwear; apronsClass 025 for Shirts; t-shirts; sweatshirts; hats; beanies; bandanas; caps being headwear; aprons
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


Applicant proposes to amend the following:

Current:
Class 028 for Toys, namely, action figure toys, action figures, action figures and accessories therefor, collectable toy figures, dolls, doll accessories, doll clothing, dolls and accessories therefor, furniture for dolls' houses, plastic dolls, play figures, play houses, play houses and toy accessories therefor, pet toys, plastic character toys, play sets for action figures, playset buildings, playsets for dolls, plush dolls, plush toys, positionable toy figures, stuffed and plush toys, stuffed dolls and animals, stuffed toys, stuff toy animals, toy action figures, toy action figures and accessories therefor, toy figures, toy cars, toy houses, and vinyl dolls; balls for games
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: Toys, namely, action figure toys, action figures, action figures and accessories therefor, collectable toy figures, dolls, doll accessories, doll clothing, dolls and accessories therefor, furniture for dolls' houses, plastic dolls, play figures, play houses, play houses and toy accessories therefor, pet toys, plastic character toys, play sets for action figures, playset buildings, playsets for dolls, plush dolls, plush toys, positionable toy figures, stuffed and plush toys, stuffed dolls and animals, stuffed toys, stuff toy animals, toy action figures, toy action figures and accessories therefor, toy figures, toy cars, toy houses, and vinyl dolls; Toys, namely, action figure toys, action figures, action figures and accessories therefor, collectable toy figures, dolls, doll accessories, doll clothing, dolls and accessories therefor, furniture for dolls' houses, plastic dolls, play figures, play houses, play houses and toy accessories therefor, pet toys, plastic character toys, play sets for action figures, playset buildings, playsets for dolls, plush dolls, plush toys, positionable toy figures, stuffed and plush toys, stuffed dolls and stuffed toy animals, stuffed toys, stuff toy animals, toy action figures, toy action figures and accessories therefor, toy figures, toy cars, toy houses, and vinyl dolls; balls for gamesClass 028 for Toys, namely, action figure toys, action figures, action figures and accessories therefor, collectable toy figures, dolls, doll accessories, doll clothing, dolls and accessories therefor, furniture for dolls' houses, plastic dolls, play figures, play houses, play houses and toy accessories therefor, pet toys, plastic character toys, play sets for action figures, playset buildings, playsets for dolls, plush dolls, plush toys, positionable toy figures, stuffed and plush toys, stuffed dolls and stuffed toy animals, stuffed toys, stuff toy animals, toy action figures, toy action figures and accessories therefor, toy figures, toy cars, toy houses, and vinyl dolls; balls for games
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


Applicant proposes to amend the following:

Current:
Class 041 for Entertainment services, namely, an ongoing series featuring family friendly entertainment provided through a global computer network; entertainment services, namely, ongoing webisodes featuring family friendly entertainment provided through a global computer network; production of humorous videos for the Internet; providing videos featuring action, not downloadable
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 01/30/2018 and first used in commerce at least as early as 01/30/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Entertainment services, namely, an ongoing series featuring family friendly entertainment provided through a global computer network; Entertainment services, namely, an ongoing series featuring family friendly entertainment in the nature of skits, parodies, stories, challenges, video logs, music videos, and travel provided through a global computer network; entertainment services, namely, ongoing webisodes featuring family friendly entertainment provided through a global computer network; entertainment services, namely, ongoing webisodes featuring family friendly entertainment in the nature of skits, parodies, stories, challenges, video logs, music videos, and travel provided through a global computer network; production of humorous videos for the Internet; providing videos featuring action, not downloadable; providing videos featuring action movies, not downloadableClass 041 for Entertainment services, namely, an ongoing series featuring family friendly entertainment in the nature of skits, parodies, stories, challenges, video logs, music videos, and travel provided through a global computer network; entertainment services, namely, ongoing webisodes featuring family friendly entertainment in the nature of skits, parodies, stories, challenges, video logs, music videos, and travel provided through a global computer network; production of humorous videos for the Internet; providing videos featuring action movies, not downloadable
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 01/30/2018 and first used in commerce at least as early as 01/30/2018 , and is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Kids Fun TV, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      PO Box 621
      Draper, Utah 84020
      United States
      Email Address: XXXX

Proposed: Kids Fun TV, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      PO Box 621
      Draper, Utah 84020
      United States
      Email Address: XXXX
      Domiciled at: XXXX

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use KIDS in all Classes and TV in Classes 16 and 41 apart from the mark as shown.

Correspondence Information (current):
      JOSHUA G. GIGGER
      PRIMARY EMAIL FOR CORRESPONDENCE: tm-slc@stoel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 70701/2:1.
Correspondence Information (proposed):
      Joshua G. Gigger
      PRIMARY EMAIL FOR CORRESPONDENCE: tm-slc@stoel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 70701/2:1.

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: /Joshua G. Gigger/     Date: 02/10/2021
Signatory's Name: Joshua G. Gigger
Signatory's Position: Attorney of record, Utah bar member

Signatory's Phone Number: (801) 328-3131 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:    JOSHUA G. GIGGER
   STOEL RIVES LLP
   
   201 SOUTH MAIN STREET, SUITE 1100
   SALT LAKE CITY, Utah 84111
Mailing Address:    Joshua G. Gigger
   STOEL RIVES LLP
   201 SOUTH MAIN STREET, SUITE 1100
   SALT LAKE CITY, Utah 84111
        
Serial Number: 90085751
Internet Transmission Date: Wed Feb 10 17:11:19 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2021021017111922
4944-90085751-760da9546a8e1f115798a98b69
4860e4af5ad41cb97edb897aa410bc778ce231-N
/A-N/A-20210210165517099556