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. 90259834 PALADONE(Standard Characters, see http://uspto.report/TM/90259834/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Timers; cases for spectacles; apparatus for recording, transmission or reproduction of sound or images; audio speakers; headphones; accessories for mobile telephones and styluses for touchscreen devices, namely, cases for mobile phones, accessories for mobile telephones, namely, stands for personal digital electronic devices, namely, mobile phones; camera lenses; fridge magnets; decorative magnets; bags adapted for laptops
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 12598884 registered 07/22/2017 with a renewal date of __________ and an expiration date of 02/14/2024 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Timers; cases for spectacles; apparatus for recording, transmission or reproduction of sound or images; audio speakers; headphones; accessories for mobile telephones and styluses for touchscreen devices, namely, cases for mobile phones, accessories for mobile telephones, namely, stands for personal digital electronic devices, namely, mobile phones; computer stylus for touchscreen devices; accessories for mobile telephones, namely, cases for mobile phones, accessories for mobile telephones, namely, stands for mobile phones; camera lenses; fridge magnets; decorative magnets; bags adapted for laptopsClass 009 for Timers; cases for spectacles; apparatus for recording, transmission or reproduction of sound or images; audio speakers; headphones; computer stylus for touchscreen devices; accessories for mobile telephones, namely, cases for mobile phones, accessories for mobile telephones, namely, stands for mobile phones; camera lenses; fridge magnets; decorative magnets; bags adapted for laptops
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 12598884 registered 07/22/2017 with a renewal date of __________ and an expiration date of 02/14/2024 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following:

Current:
Class 028 for Toys, games and playthings namely, playing cards and card games, dice games, board games, stress relief exercise balls, dominoes, modeled plastic toy figurines, balls for juggling, remote control toys, namely cars and flying objects, bath games, bath toys, construction toys, toy building blocks, game apparatus, namely, bats, and balls for playing indoor and outdoor games, air hockey tables, foosball tables, jigsaw puzzles; gymnastic and sporting articles namely, soccer balls, table tennis balls, skipping ropes, table tennis sets including balls, paddles, nets, and tables; puzzles; playing cards; football games, namely, foosball tables; apparatus for electronic games adapted for use with an external display screen or monitor; apparatus for electronic games other than those adapted for use with an external display screen or monitor; board games for playing quizzes; stuffed and plush toys; decorations for Christmas trees; toy face masks
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 12598884 registered 07/22/2017 with a renewal date of __________ and an expiration date of 02/14/2024 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Toys, games and playthings namely, playing cards and card games, dice games, board games, stress relief exercise balls, dominoes, modeled plastic toy figurines, balls for juggling, remote control toys, namely cars and flying objects, bath games, bath toys, construction toys, toy building blocks, game apparatus, namely, bats, and balls for playing indoor and outdoor games, air hockey tables, foosball tables, jigsaw puzzles; Toys, games and playthings namely, playing cards and card games, dice games, board games, stress relief exercise balls, dominoes, modeled plastic toy figurines, balls for juggling, remote control toys, namely cars and flying objects, bath games, bath toys, construction toys, toy building blocks, game apparatus, namely, bats, and balls for playing indoor and outdoor games, game tables for use with gliding surface projectiles, surface projectiles for same and playing accessories, foosball tables, jigsaw puzzles; gymnastic and sporting articles namely, soccer balls, table tennis balls, skipping ropes, table tennis sets including balls, paddles, nets, and tables; puzzles; playing cards; football games, namely, foosball tables; apparatus for electronic games adapted for use with an external display screen or monitor; apparatus for electronic games other than those adapted for use with an external display screen or monitor; board games for playing quizzes; stuffed and plush toys; decorations for Christmas trees; toy face masksClass 028 for Toys, games and playthings namely, playing cards and card games, dice games, board games, stress relief exercise balls, dominoes, modeled plastic toy figurines, balls for juggling, remote control toys, namely cars and flying objects, bath games, bath toys, construction toys, toy building blocks, game apparatus, namely, bats, and balls for playing indoor and outdoor games, game tables for use with gliding surface projectiles, surface projectiles for same and playing accessories, foosball tables, jigsaw puzzles; gymnastic and sporting articles namely, soccer balls, table tennis balls, skipping ropes, table tennis sets including balls, paddles, nets, and tables; puzzles; playing cards; football games, namely, foosball tables; apparatus for electronic games adapted for use with an external display screen or monitor; apparatus for electronic games other than those adapted for use with an external display screen or monitor; board games for playing quizzes; stuffed and plush toys; decorations for Christmas trees; toy face masks
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 12598884 registered 07/22/2017 with a renewal date of __________ and an expiration date of 02/14/2024 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Correspondence Information (current):
      Z. Peter Sawicki
      PRIMARY EMAIL FOR CORRESPONDENCE: psawicki@wck.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mneumann@wck.com

The docket/reference number is P135.6002US1.
Correspondence Information (proposed):
      Z. Peter Sawicki
      PRIMARY EMAIL FOR CORRESPONDENCE: psawicki@wck.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mneumann@wck.com

The docket/reference number is P135.6002US1.

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: /Z. Peter Sawicki/     Date: 09/28/2021
Signatory's Name: Z. Peter Sawicki
Signatory's Position: Attorney of Record; MN Bar member

Signatory's Phone Number: 6123343222 Signature method: Sent to third party for signature

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:    Z. Peter Sawicki
   WESTMAN, CHAMPLIN & KOEHLER, P.A.
   
   121 SOUTH EIGHTH STREET, SUITE 1100
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Z. Peter Sawicki
   WESTMAN, CHAMPLIN & KOEHLER, P.A.
   121 SOUTH EIGHTH STREET, SUITE 1100
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 90259834
Internet Transmission Date: Tue Sep 28 16:43:00 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202109281643004
46145-90259834-7819fb8cf75339ebb4d87c5db
43936469fca819a9bf811af192d16d57afe5fef8
-N/A-N/A-20210928105034609059