Response to Office Action

PTO- 1957

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

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.

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PTO- 1957

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

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.

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 97105552  (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9710555 2/large) has been amended as follows:

EVIDENCE
Evidence has been attached: The evidence consists of Applicant's arguments.
Original PDF file:
evi_6911242148-2023021315 2915585794_._Evidence_-_B oxy_Cl._28.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for Stuffed toy animals; Stuffed toys; Stuffed and plush toys
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 10/20/2019 and first used in commerce at least as early as 10/20/2019 , and is now in use in such commerce.


Proposed:
Class 028 for Stuffed toy animals; Stuffed toys; Stuffed and plush toys
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 10/20/2019 and first used in commerce at least as early as 10/20/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028. The specimen(s) submitted consists of image of Applicant's product packaging with the subject mark affixed.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1


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

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: LankyBox LLC, a limited liability company legally organized under the laws of Washington, having an address of
      11036 8th Ave NE, #75083
      Seattle, Washington 98125
      United States
      Email Address: XXXX

Proposed:LankyBox LLC, a limited liability company legally organized under the laws of Washington, having an address of

      11036 8th Ave NE, #75083
      Seattle, Washington 98125
      United States
      Email Address: XXXX
and a domicile address of       XXXX
      XXXX, XXXX XXXX
      XXXX

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a design compromising a smiling character with two arms and two legs inside of a box.
Correspondence Information
      ANTHONY DIIONNO
      PRIMARY EMAIL FOR CORRESPONDENCE: adiionno@sharmalawpllc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): anita@sharmalawpllc.com; blittle@sharmalawpllc.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)
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: /Adam McArthur/      Date: 02/14/2023
Signatory's Name: Adam McArthur
Signatory's Position: Owner
Signatory's Phone Number: Attorney's Phone Number: 862-812-2825

Signature method: Sent to third party for signature


Signature: /Justin Xu/      Date: 02/14/2023
Signatory's Name: Justin Xu
Signatory's Position: Owner
Signatory's Phone Number: Attorney's Phone Number: 862-812-2825

Signature method: Sent to third party for signature

Response Signature
Signature: /Anthony DiIonno/     Date: 02/14/2023
Signatory's Name: Anthony DiIonno
Signatory's Position: Attorney of record, New Jersey Bar member

Signatory's Phone Number: (862) 812-2825 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:    ANTHONY DIIONNO
   SHARMA LAW PLLC
   
   1000 DEAN STREET, SUITE 20
   BROOKLYN, New York 11238
Mailing Address:    Anthony DiIonno
   SHARMA LAW PLLC
   1000 DEAN STREET, SUITE 20
   BROOKLYN, New York 11238
        
Serial Number: 97105552
Internet Transmission Date: Tue Feb 14 18:14:23 ET 2023
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2023021418142382
5772-97105552-850cb95e8c7671f1a88927125d
c4b21f319f466721e0492c1183a959dd1bad4-N/
A-N/A-20230213152915585794