Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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

---

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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

Trademark/Service Mark Application, Principal Register

Serial Number: 97553829

Filing Date: 08/18/2022

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of the word "TOHO" in all capital letters centered over the word "animation" in all lowercase letters, both words in a stylized font.
The applicant, TOHO CO., LTD., a corporation of Japan, having an address of
      1-2-2, Yurakucho, Chiyoda-Ku
      TOKYO 100-8415
      Japan
      216-579-1700(phone)
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 009:  Planetarium projectors; apparatus and instruments for astronomy; cell phone straps; stands adapted for mobile phones; transmitting sets (telecommunication); transmitters (telecommunication); walkie-talkies; headphones; loudspeakers; portable media player; television apparatus; radios; digital audio and video recorders and players; personal digital assistants (PDAs); smartphones; covers for smartphones; USB flash drives; encoded magnetic cards; magnetically encoded credit cards; electronic pocket translators; electronic agendas; electronic notice boards; spectacles; virtual reality headsets; smart glasses; anti-glare glasses; spectacle lenses; spectacle frames; contact lenses; containers for contact lenses; spectacle cases; computers; computer peripherals; printers for use with computers; projection apparatus; computer game programmes; computer programs (downloadable software); recorded computer game programmes; electronic circuits; CD-ROM drives; compact discs (audio-video); phonograph records and sound recording discs; downloadable music files; downloadable image files; downloadable emoticons for mobile phones; downloadable ring tones for mobile phones; videotapes; video disks with recorded animated cartoons; animated cartoons; electronic publications, downloadable; cinematographic film, exposed; slides (photography); frames for photographic transparencies; apparatus to check franking; invoicing machines; mechanisms for coin-operated apparatus; voting machines; fingerprint imager; fingerprint scanners; phototelegraphy apparatus; digital photo frames; selfie sticks (hand-held monopods); bathroom scales; dressmakers' measures; measuring apparatus; measuring instruments; navigational instruments; cables, electric; semi-conductors; chips (integrated circuits); magnets; switches, electric; video screens; remote control apparatus; optical fibres (light conducting filaments); heat regulating apparatus; lightning arresters; electrolysers; fire extinguishers; radiological apparatus for industrial purposes; alarms; buzzers; batteries, electric; battery chargers; decorative magnets; electronic collars to train animals; sports whistles; portable remote-controlled car retarders; lenses for astrophotography; sports helmets; protective sports helmet accessories that attach to the helmets, namely, mouth guards, ear pads, throat protectors, chin straps, face masks, jaw pads and eye shields.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 016:  Paper bags; conical paper bags; bags (envelopes, pouches) of paper or plastics, for packaging; paper containers; food wrapping paper; paper take-out cartons for food; grocery bags of paper or plastic; decorations of paper for foodstuffs; containers of paper; towels of paper; printed matter; drawing paper; handkerchiefs of paper; paper; albums; cards; note books; notebook paper; pencils; pen caps; pencil lead holders; ballpoint pens; writing brushes; crayons; pencil sharpening machines, electric or non-electric; rubber erasers; sealing compounds for stationery purposes; bookmarkers; desk mats; drawing rulers; ink stones (ink reservoirs); stamp pads; stickers (stationery); ink sticks; boxes for pens; paperweights; Indian inks; credit cards without magnetic coding; writing cases (stationery); stamps (seals); business cards; name badge holders (office requisites); folders for papers; paper-clips; stationery; office requisites, except furniture; printed sheet music; calendars; magazines (periodicals); books; writing or drawing books; diaries; pamphlets; posters; photographs (printed); photograph stands; cardboard; figurines (statuettes) of papier mâché; modelling clay; gummed tape (stationery); drawing boards; typewriters, electric or non-electric; terrestrial globes; tailors' chalk; modelling materials; printed publications; passport holders; leather passport wallets; omikuji (sacred lots) (printed strips of paper used for fortune telling).
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 025:  Clothing; coats; sweaters; shirts; pajamas; underwear and underclothing; swimsuits; bathing caps; camisoles; tee-shirts; bath robes; outer clothing; kimonos; aprons (clothing); scarves; hosiery; wristbands; gloves (clothing); mittens; neckties; neckerchiefs; bandanas; ear muffs (clothing); headgear for wear; sock suspenders; suspenders; girdles; leather belts (clothing); footwear; sandals; boots; rain boots; boots for sports; sports shoes; football shoes; gymnastic shoes; running shoes (with metal nails); climbing shoes (with metal nails); Japanese style wooden clogs (geta); esparto shoes or sandals; masquerade costumes; full-body suit; sports singlets; sports jerseys; religious dresses; sashes for wear; shower caps; sleep masks; hairdressing capes; sweatbands; sports wristbands; sports sweatbands.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 028:  Games adapted for use with television receivers; games; toys for pets; playing cards; plush toys; toy musical instruments; toy masks; costume masks; play tents; apparatus for games; slot machines; arcade game machines; coin or non-coin operated pinball machines; home video game machines; portable games with liquid crystal displays; portable games and toys incorporating telecommunication functions; puzzles; soap bubbles (toys); kites; jianzi (shuttlecock); swimming pools (play articles); swimming rings; pool noodle toys; sports equipment; play balloons; toys; toy vehicles; toy model kits; toy figures; action figures; spinning tops; yo-yos; playset buildings; toy building blocks; toy gloves; kendo wooden swords; trading cards for games; dolls; doll houses; doll clothing; board games; conjuring apparatus; billiard balls; playing balls; skipping ropes; nets for sports; sports waist protectors; sports palm guards; sports leg guards; sports arm bracers; sports stomach protectors; sports belts; sports face guards; sports chest protectors; gloves for sports; butterfly nets; body-training apparatus; archery implements; hunting game calls; roller skates; skateboards; ornaments for Christmas trees, except illumination articles and confectionery; novelty toys for parties; toy fireworks; rods for fishing; twirling batons; camouflage screens (sports articles); scratch cards for playing lottery games; lottery tickets.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 035:  Advertising and publicity services; market canvassing services; providing information concerning commercial sales; retail services or wholesale services for woven fabrics and bedding; retail services or wholesale services for clothing; retail services or wholesale services for footwear; retail services or wholesale services for bags and pouches; retail services or wholesale services for food and beverages; retail services for alcoholic beverages; retail services or wholesale services for confectionery, bread and buns; retail services for non-alcoholic beverages; retail services or wholesale services for tea, coffee and cocoa; retail services or wholesale services for electrical machinery and apparatus; retail services or wholesale services for cosmetics, toiletries, dentifrices, soaps and detergents; retail services or wholesale services for printed matter; retail services or wholesale services for paper and stationery; retail services or wholesale services for sports goods; retail services for toys; retail services for musical instruments; retail services for downloadable music files; online retail services for downloadable and pre-recorded music and movies; retail services or wholesale services for clocks, watches and spectacles (eyeglasses and goggles).
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 041:  Theatre productions; organization of shows (impresario services); arranging and conducting of concerts; production of shows; providing on-line music, not downloadable; providing films, not downloadable, via video-on-demand services; providing television programs, not downloadable, via video-on-demand services; providing on-line videos, not downloadable; providing facilities for producing video, cinema and photography products; cinema presentations; presentation of live performances; presentation of variety shows; presentation of circus performances; theatrical shows provided at performance venues; presentation of musical performances; production of television programs; production of radio and television programs; providing recreation facilities; amusement park and theme park services; providing waterpark services; entertainment services, namely, providing non-downloadable text and graphics presented to mobile communication devices via a global computer network and wireless networks; providing karaoke facilities; providing museum facilities (presentation, exhibitions); instruction services; education information; mobile library services and bookmobile services; on-line publication of electronic books and journals; film distribution; toy rental; games equipment rental; conducting guided tours; animal training; modelling for artists; organization of lotteries; rental of indoor aquaria; rental of lighting apparatus for movie sets or film studios; game services provided online from a computer network; virtual reality arcade services; entertainment services in the nature of escape room attractions.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.




The owner's/holder's proposed attorney information: Bryan M. Gallo. Bryan M. Gallo of Pearne & Gordon LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1801 E. 9th Street, Suite 1200
      Cleveland, Ohio 44114
      United States
      216-579-1700(phone)
      216-579-6073(fax)
      tmdocket@pearne.com
The docket/reference number is KIK-66612.
Bryan M. Gallo 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.

The applicant's current Correspondence Information:

Bryan M. Gallo

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@pearne.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bgallo@pearne.com; rroberts@pearne.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $2100 has been submitted with the application, representing payment for 6 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service 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 on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; 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 on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /bryanmgallo/   Date: 08/18/2022
Signatory's Name: Bryan M. Gallo
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone Number: 216-579-1700
Signature method: Sent to third party for signature
Payment Sale Number: 97553829
Payment Accounting Date: 08/18/2022

Serial Number: 97553829
Internet Transmission Date: Thu Aug 18 11:24:01 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20220818112401
657033-97553829-820348939c4351590195ef45
9b8718a93fa28a4a1c693e397358c91c1b9f3511
-CC-24003410-20220817161043296854