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USFC2006-1135-04
{B76D7093-0865-456A-86DD-31
E551644A82}
{70884} {32-060622
174533}{060506}
JOINT
APPENDIX
UNITED
STATES
COURT
OF
APPEALS
FOR
THE
FEDERAL
CIRCUIT
No. 06-1135
(Serial
No. 78/975,330)
IN RE PET FOOD
APPEAL
PATENT
TRADEMARK
FROM
AND
THE
LLC
UNITED
STATES
TRADEMARK
TRIAL
JOINT
CENTERS,
AND
OFFICE
APPEAL
BOARD
APPENDIX
U.S.COURTOF APPEALSFOR
THE FEDERALCIRCUIT
JUN
5 2006
,_H HORBAL'_
Timothy
D. Pecsenye,
David M. Perry,
BLANK
ROME
One
Logan
Esquire
LLP
Square
Philadelphia,
PA
(215) 569-5500
Attorneys
Pet Food
Esquire
19103-6998
for Appellant
Centers,
LLC
John M. Whealan,
Solicitor
Nancy
C. Slutter,
Cynthia
Associate
P.O.
Box
VA 22215
272-9035
Trademark
2
Esquire
15667
Attorneys
for
United States
118351 00101/11504430v
Esquire
C. Lynch,
Solicitors
Arlington,
(571)
Esquire
the Director
Patent and
Office
of the
_
TABLE
Decision
of the Trademark
Trademark
Office Certified
Trademark
Application
Office Action
Amendment
Request
Dated
to Allege
to Divide
OF CONTENTS
Trim and Appeal
Board ...................................
List ..............................................................
for U.S. Serial No. 78/975,330
September
Request
Denial
Excerpts
118351
for Reconsideration
for Reconsideration
from Reply Brief of Applicant
00101/11515635v
A-45 -A-58,
Office Action
A-62 -A-146
A-147 - A-190
........ A- 192 - A-217
...............................................
in Support
A-18 - A-25
A-30 - A-31
Dated May 3, 2004 ...........................
of Final Trademark
A-10 - A-17
A-27 - A-29
................................................................
Office Action
of Request
.........................
9, 2003 .................................................
Excerpts from Response to September 9, 2003
Office Action ..................................................................
Final Trademark
A-9a - A-9b
Use ......................................................................
Application
A-1 - A-9
of Registration
A-219 - A-221
..A-250
- A-252
2
,,
I
THIS DISPOSITION IS NOT
CITABLE AS PRECEDENT OF
THE TTAB
Mailed:
UNITED
STATES
PATENT
Trademark
In
AND
Trial
re
Pet
September
TRADEMARK
and
Centers,
No.
78975330
2005
OFFICE
Appeal
Food
9,
Board
LLC
J,
Serial
Timothy
D.
Pecsenye
of
Blank
Rome
LLP
for
Pet
Food
Centers,
LLC.
Jennifer
D.
Chicoski,
Office
i01
(Ronald
Before
Hohein,
Trademark
R.
Examining
Sussman,
Drost
and
Attorney,
Managing
Kuhlke,
Law
Attorney).
Administrative
Trademark
Judges.
Opinion
by
Pet
register
Administrative
Food
Centers
PLAY
THINGS
Principal
31.
Kuhlke,
Register
LLC
(in
for
Trademark
has
filed
standard
"pet
an
Judge:
application
character
treats"
in
to
form)
on
the
International
Class
l
i Appllcation
a bona
fide
2003
Serial
intent
applicant
and
clalmlng
and
first
January
No.
78975330,
use
the
mark
filed
an
November
use
application
Serial
to
in
is
No.
20,
commerce,
the
78228919,
2004.
Amendment
19,
as
whlch
based
The
to
2003
resulting
filed
March
in commerce.
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applicant's
was
accepted
divisional
on
_parent"
a
request
application
A-I
24,
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2003,
alleging
November
20,
with
date
by
or
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to
divide
Serial
a
of
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specimen
flrst
use
USPTO.
applicatlon
filed
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on
78228919
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of
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78975330
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Ser
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78975330
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No.
78975330
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re
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in
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connection
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register
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the
identified
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is
affirmed.
goods.
Form
PTO
55
(12-80)
U.S. DEPARTMENT
United
States
OF COMMERCE
Patent
and Trademark
Office
December
19, 2005
(Date)
THIS
IS TO
electromc
of the
Federal
CERTIFY
that
file of the trademark
papers
comprising
the
the
annexed
application
record
is a list of the
identified
before
contents
below,
the United
said
States
comprised
contents
Court
list being
of Appeals
Circuit.
The Trademark
Applicant(s):
Application
Pet Food
Application
No.:
Date
March
Mark:
Filed:
"PLAY
By authority
DIRECTOR
AND
of:
Centers,
LLC
78/975,330
24, 2003
THINGS"
of the
OF THE UNITED
TRADEMARK
OFFICE
Certifying
A-
9a
Officer
STATES
fi'om
PATENT
the
a list
for the
Drawing
Serial
Page
Number:
78228919
Applicant:
Pet
Food
Centers,
9634
Hedden
Road
Evansville
IN USA
Goods
PET
II
Illl
II
II
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IIIIII
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LLC
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and Services:
TOYS
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PET
and Services:
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NO
OCR
A-11
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DOCUMENT
TRADE
INFORMATION
MARK/SERVICE
VERSION
78228919
Mark Application
MARK
APPLICATION
1.24
APPLICANT
INFORMATION
NAME
Pet Food Centers, LLC
STREET
9634 Hedden
CITY
Evansville
STATE
IN
COUNTRY
USA
ZIP/POSTAL
CODE
APPLICANT
ENTITY
47725
INFORMATION
OTHER ENTITY
TYPE: SPECIFIC
NATURE OF
ENTITY
LIMITED
STATE/COUNTRY
UNDER WHICH
ORGANIZED
Indiana
TRADE
MARK/SERVICE
MARK
Road
MARK
LIABILITY
JOINT
STOCK
COMPAY
INFORMATION
PLAY THINGS
TYPED
FORM
BASIS
FOR FILING
INTENT
SECTION
TO USE
Yes
AND GOODS/SERVICES
INFORMATION
Yes
l(b)
INTERNATIONAL
CLASS NUMBER
028
LISTING
AND/OR
PET TOYS
I
OF GOODS
SERVICES
BASIS FOR FILING
AND GOODS/SERVICES
INFORMATION
78228919
03/27/2003
Page 1 of 3
A-12
7 45 AM
eTeas TrademarldServlce
INTENT
TO USE:
SECTION
78228919
Mark Appl/cahon
Yes
l(b)
INTERNATIONAL
CLASS NUMBER
031
LISTING
AND/OR
PET TREATS
OF GOODS
SERVICES
ATTORNEY
INFORMATION
NAME
Timothy D Pecsenye,
STREET
One Logan Square
CITY
Philadelphia
STATE
PA
COUNTRY
USA
ZIP/POSTAL
CODE
19103
FIRM NAME
Blank Rome LLp
E-MAIL
pecsenye@blankrome.com
ADDRESS
Esquire
AUTHORIZE
E-MAIL
COMMUNICATION
Yes
TELEPHONE
NUMBER
215-569-5619
FAX NUMBER
215-569-5628
OTHER APPOINTED
ATTORNEY(S)
Christopher
Miller
M Turk, Davld M. Perry, Lisa M Casey, Ahson P. Grossman,
Jennifer L.
FEE INFORMATION
TOTAL
FEES PAID
670
NUMBER
CLASSES
OF
PAID
2
NUMBER
CLASSES
OF
2
LAW OFFICE
INFORMATION
78228919
03/27/2003
Page 2 of 3
A-
13
7 45 AM
eTeas
TrademaridSe_ce
Mark
Application
E-MAIL ADDRESS
FOR
CORRESPONDENCE
SIGNATURE
78228919
pecsenye@blankrome.com
AND OTHER
INFORMATION
USE E-SIGNATURE
Yes
SIGNATURE
/philip s montooth/
DATE
03/21/2003
NAME
Phahp S. Montooth
TITLE
Chief Financial
MAILING
Officer
ADDRESS
LINE
Timothy D Pecsenye,
LINE
Blank Rome LLp
LINE
One Logan Square
LINE
Philadelphia
SERIAL
SERIAL
NUMBER
NUMBER
Esqmre
PA USA 19103
INFORMATION
78228919
RAM INFORMATION
RAM SALE NL_BER
566
RAM ACCOUNTING
DATE
03/24/2003
INTERNET
TRANSMISSION
DATE
Mon Mar 24 09.57 27 EST 2003
TEAS STAMP
USPTO/BAS-1461453890-20030324095727865020-78228919200217edfe09fl_824438143415c5011
c723-RAM-566-20030321093656252060
E-MAIL ADDRESS
FOR
ACKNOWLEDGMENT
peesenye@blankrome.com
78228919
03/27/2003
Page 3 of 3
A- 14
7 45 AM
eTeas Trademark/Service
<SERIAL
<FILING
78228919
Mark Application
NUMBER>
78228919
DATE>
03/24/2003
<DOCUMENT
INFORMATION>
<TRADEMARK/SERVICEMARK
<VERSION
1.24>
<APPLICANT
<NA_W_,>
<STREET>
<CITY>
<STATE>
<COUNTRY>
<ZIP/POSTAL
APPLICATION>
INFORMATION>
Pet Food Centers, LLC
9634 Hedden Road
Evansville
IN
USA
47725
CODE>
<APPLICANT
ENTITY
INFORMATION>
<OTHER
ENTITY TYPE: SPECIFIC NATURE
OF ENTITY>
LIMITED
STOCK COMPAY
<STATE/COUNTRY
UNDER WHICH ORGANIZED>
Indiana
<TRADEMARK/SERVICEMARK
<MARK>
PLAY THJNGS
<TYPED
FORM>
Yes
FOR FILING
AND
GOODS/SERVICES
mark m the United
by the Act of July 5,
INFORMATION>
<INTENT
TO USE: SECTION
l(b)>
Yes
The applicant has a bona fide intention to use or use through the applicant's
licensee the mark in commerce
on or m connection
with the identified
goods
(15 U.S C. Section 1051Co))
<INTERNATIONAL
CLASS NUMBER>
028
<LISTING
OF GOODS AND/OR
SERVICES>
PET TOYS
<BASIS
FOR FILING
AND
GOODS/SERVICES
related company
and/or services
or
related company
and/or serwces.
or
INFORMATION>
<INTENT TO USE: SECTION
1(b)>
Yes
- The applicant has a bona fide intention to use or use through the applicant's
licensee the mark in commerce
on or in connection
with the identified
goods
(15 U.S C. Section 1051Co)).<INTERNATIONAL
CLASS NUMBER>
031
<LISTING
OF GOODS AND/OR
SERVICES>
PET TREATS
78228919
PTO Form 1478 (Rev 9/98)
OMB NO 0651-0009
JOINT
INFORMATION>
-Apphcant
requests registration
of the above-identified
trademark/service
States Patent and Trademark
Office on the Principal Register established
1946 (15 U.S.C
Section 1051 et seq., as arnended).<BASIS
LIABILrfY
(Exp 08/31/01)
03/27/2003
Page 1 of 3
A-15
7 45 AM
eTeas Tradernark/Serwce
78228919
Mark Apphcatlon
<ATTORNEY
INFORMATION>
<NAME>
Timothy D. Pecsenye,
<STREET>
One Logan Square
<CITY>
Ptuladelphia
<STATE>
PA
<COUNTRY>
USA
<Z/P/POSTAL
CODE>
19103
<FIRM NAM_
Blank Rome LLp
<E-MAIL
ADDRESS>
pecsenye@blankrome.com
<AUTHORIZE
E-MAIL COMMUNICATION>
Yes
<TELEPHONE
NUMBER>
215-569-5619
<FAX NUMBER>
215-569-5628
<OTHER
APPOINTED
ATTORNEY(S)>
Christopher
Casey, Alison P. Crrossman, Jennifer L. Mdler
Esquire
M. Turk,
David
M. Perry,
Lisa M
<FEE INFORMATION>
<TOTAL FEES PAID>
670
<NUMBER
OF CLASSES
PAID>
<NUMBER
OF CLASSES>
2
<LAW
OFFICE
-The USPTO
address<E-MAIL
INFORMATION>
is authorrzed
ADDRESS
<SIGNATURE
AND
FOR
to communicate
with the applicant's
CORRESPONDENCE>
OTHER
attorney
at the below
e-mail
pecsenye@blankrome.com
INFORMATION>
-The undersigned,
being hereby warned that willful false statements
and the like so made are
punishable
by fine or imprisonment,
or both, under 18 U.S.C. Section 100 I, and that such
willful false statements,
and the like, may jeopardize
the validity of the application
or any
resulting
registration,
declares that he/she is properly authorized
to execute tillS application
on
behalf of the applicant,
he/she beheves the applicant to be the owner of the trademark/service
mark sought to be registered,
or, if the application
is being fried under 15 U.S.C. Section
1051 (b), he/she believes applicant to be entitled to use such mark in commerce,
to the best of
his/her knowledge
and belief no other person, fL,In, corporation,
or association
has the right to
use the mark ill commerce,
either m the identical form thereof or in such near resemblance
thereto as to be likely, when used on or in connection
with the goods/serrates
of such other
person, to cause confusion,
or to cause mistake, or to deceive; and that all statements
made of
his/her own knowledge
are true; and that all statements
made on informatmn
and belief are
believed
to be true.<USE E-SIGNATURE>
Yes
<SIGNATURF_>
/philip s montooth/
<DATE>
03/21/2003
<NAME>
Phlhp S. Montooth
78228919
03/27/2003
Page 2 of 3
A-16
7 45 AM
eTeas Trademark/Service
78228919
Mark Apphcatlon
Chief Financial
<TTTLE>
<MAILING
Officer
ADDRESS>
<LINE>
<LINE>
<LINE>
<LINF.>
Timothy D. Pecsenye,
Blank Rome Lip
One Logan Square
Philadelphia
PA USA
<SERIAL
<SERIAL
NU1V[BER
NUMBER>
Esquire
19103
INFORMATION>
78228919
<RAM INFORMATION>
<RAM SALE NUMBER>
566
<RAM ACCOUNTING
DATE>
03/24/2003
<INTERNET
TRANSMISSION
DATE>
Mon Mar 24 09,.57:27 EST 2003
<TEAS STAMP>
USPTO/BAS-1461453890-20030324095727865020-78228919200217edfe09fb824438143415c5011
c723-RAM-566-20030321093656252060
E-MAIL
ADDRESS
FOR ACKNOWLEDGMENT>
pecsenye@blankrome.com
78228919
03/27/2003
Page 3 of 3
A-17
7 45 AM
TRADEMARK
APPLICATION
NO. 78228919
To"
Pet Food
Subject:
TRADEMARK
Sent:
9/9/03
Sent As:
ECom115
Attachments:
AttachmentAttachment
Attachment
Attachment
Attachment-
Centers,
LLC
- PLAY
THINGS
- N/A
(pecsenye@blankrome
APPLICATION
NO
Page 1 of 2
corn)
78228919
- PLAY
THINGS
-N/A
2 51.30 PM
UNITED
1
-2
- 3
- 4
5
STATES
PATENT
AND
TRADEMARK
OFFICE
SERIAL NO: 78/228919
APPLICANT'
Pet Food Centers, LLC
CORRESPONDENT
ADDRESS
Tmmthy D Pecsenye, Esquue
Blank Rome LLp
One Logan Square
Philadelptua PA USA 19103
MARK:
RETURN
_lmgt_
ecomll
REFERENCE/DOCKET
NO:
N/A
Please provide In all correspondence
1 Fdmg date, serial number, mark and
apphcant's name
2 Date of_ls Office Actton
3 Exammmg Attamey'aname and
Law Office number
4 Your telephone number and e-mad
address
CORRESPONDENT
EMAIL ADDRESS
pec senye@ blankrome.com
78/228919
OFFICE
The assigned
vA 22202-35_4
5@uspto. gov
PLAY THINGS
CORRESPONDENT'S
Serial Number
ADDRESS.
Co_t_tu_loner
for Trademark_
2900 Crysted Drive
examining
attorney
has reviewed
ACTION
the referenced
applicatxon
and determined
the following.
The examining
attorney has searched the Office records and has found no similar registered
or pending
mark MaMa would bar reglstrahon
under Trademark
Act Section 2(d), 15 U.S C §1052(d)
TIvIEP
§704 02
DESCRIPTIVENESS
The examining attorney refuses registratmn
on the Pnnclpal
Register because the proposed mark merely
describes the goods/services.
Trademark
Act Section 2(e)(1), 15 U.S C. §1052(e)(1);
TMEP §§1209 et
file/A\ncrs-ms-01\tlcrsexport\HtrnlTo"
2 14 20 24
A-18
WS19125_
1/12/2006
TRADEMARK
APPLICATION
NO
78228919
- PLAY
THINGS - N/A
Page 2 of 2
seq
A mark is merely
descriptive
under
Trademark
Act Section
2(e)(1),
15 U.S C. I052(e)(1),
if it describes
an ingredient,
quality, charactensttc,
function,
feature, purpose or use of the relevant goods.
In re
G)_lay, 820 F.2d 1216, 3 USPQ2d
1009 (Fed. Cir. 1987); In re Bed & Breakfast
Regtst_ T, 791 F.2d
157, 229 USPQ 818 (Fed. Cir 1986); In re MetPath
Inc, 223 USPQ
88 (TTAB
1984), in re
Bnght-Crest,
Ltd,
The applicant
204 USPQ
seeks
591 (TTAB
registration
1979), TMEP section
for the mark
"PLAY
1209.01(b).
THINGS"
for use on "pet toys"
and "pet treats "
A "plaything"
can be defined as "something
to play with; a toy "11!] It ts ,also cotmnon to incorpoiate
the
use of treats into pet toys to entice and reward pets during play. Please see flae attached copies of pages
from the Internet featuring
dog toys which utilize treats.
Hence, the mark Immediately
conveys the
common commercial
name for the applicant's
pet toys as well as the use of the treats, and is therefore
tamely descriptive
of them.
Although the examining
attorney has refused
register by submitting evidence and arguments
registration,
the applicant
in support of registration
If the apphcant
has any questions
or needs
telephone the assigned examining attorney
assistance
/Jennifer
may
in responding
respond
to this
to the refusal
Office
action,
to
please
Chicoski/
Jennifer
D. Chicoski
Trademark Examining
Law Office 115
Attorney
(703) 308-9115 ext. 117
(703) 872-9208 - FAX
jennifer chtcoski@uspto
gov
How to respond to this Office Action: To respond formally using the Offwce'sTrademark Electromc Apphcatlon
System (TEAS), wstt http:llwww.uspto.govlteaslindex.html and follow the instructions To respond formally wa
E-mad, wsit http:flwww.uspto.qov/web/trademarks/tmelecresp.htm
and follow the instructions To respond
formally via regular mad, your response should be sent to the malhng Return Address hsted above and include the
serial number, law office and examining attorney's name on the upper right corner of each page of your
response To check the status of your apphcatlon at any time, visit the Office's Trademark Apphcat_ons and
Registrations Retneval (TARR) system at http:lltarr.uspto.qovl
For general and other useful reformation about
trademarks, you are encouraged to ws_tthe Office's web stte at http:/Iwww uspto.¢lov/main/trademarks.htm
[_The
Amertcan
Houghton
distribution
Hentage_
Mrffhn Company
restricted
Dfcbonary
Electronic
m accordance
file./A\t_crs-alS-01\tlcrsexport\HtmlTq
of the Enghsh Language,
version
licensed
wrth the Copyright
A-
Thtrd Edttlon
copynght
from INSO Corporation,
Law of the Umted States
]9
further
© 1992 by
reproduction
and
All nghts reserved
12 14 20 24
WS19125_...
1/12/2006
. ,LW ._.,.._uovuuuua.,LU.
n U* UUULt_
J lUlt
Dog
Busy
Euy
Caution
Do
not
ball
buy
accordlnQ
to jaw
a ball
will
__-
that
- - IIhandle
II - _;'_:3_1"" =% _erfect
•
Products
.
_t_,_
with
size
fit
- not
dog
complete]y
tiny-to-small
size
in the
sized
fQr a tlr_y to small
a t_ny jaw
opentng'
dog's
trea_
sized
and
mouth
_s
dog
Dog
tested
and
approved
=
Give
_t _ roll
and
watch
the
fun _
Croat
I"
Chew
openlno
treats
for
Has a smaller
small-to-medium
for
medlum_:oqar_e
Has
open
t_eats
Clh;k
:_
here
to
order
A'B_s_:Dog
no
and
Product
Store
5telaur
Products
Tel
....
_
_ ,,(about
us]"
[pnvecTstateme_t]
[products]
LLC
T_lnlng
A=d
intheUSAI
Te_t_
Touoi_
t - Do_
sized
a larger
sized
Prlcln_
=°
is_a Happ_'DogJ
III I _lAt_entlofllll
""
Dog
Owner
• PO
Bol_
(BaO)
648-277!
8 O0 am to5
[testimonials]
[dogofthemonth!
III
/
._
Menager
1062
* South
;Fa_
(860)
O0 p mEST
[order
Windsor,
648-2g55
H-F
___,
onhne]',(r_d
(feedback]
[warranty]
ET 06D74
..........................
stores]
[_aler
(contact'us]
mfo]
_ [home]
Cop,if
A - 20
...............................
+,+
I Makino
i "Loading"
a "Food-Sock"
Your
Power
Paws
Tug
t*N
Treat
I Is your dee crazy for treats, but unmotivated by toys during aglhty tralmng? The
t, Power Paws Tug 'N Treat allows you to combma food with a toy to create e
I powerful motivational trammg a_d Open the Velcro closing on the toy and fill it
I with large chunks of Reliever, baked I_r, beeftnpe, poma nb, or your dog's
I faverda cookms Close the Velcro to seal the pouch
I Now make the Tug 'N Treat rote the most excdmg toy you and your dog have
ever played wth The goal =sto get the dog to play tug w_thyou and your new
[ toy rf your dog is unmterested or if you want hrm at more of a fevered pttch
When piaymg', try some of these ideas
•
Put your Tug 'N Treat somewhere the dog'can see d but cannot access
t (such as on top of the refngerator or the mantle, or hung from the
ceiling with a string) Don't put it anywhere that your dog can reach and
don't put ;tm a place where youll be apt to correct the dog if he attempts
to retrieve it
• At the times of the day when your dog is most hkely to be excited to see
i
+
I
you and your Tug 'N Treat (for example, when you first get up in the
morning, at droner t_me, wheo,you come home from work, after a hath,
etc ) go to the "htdeout" and make a huge game of rumply gettmg the toy
I
,
from
name,Itshke
resting
"epecml"
place(aPLay
la John
withRogerseri+the
the toy by yourself
greet English
for awhde,
dog
gr,'lng =t a
behaviorist and ongmator of this toy game) and make gee-gee eyes end
i
sounds
over the
toy Be
the air,
make
tt dance
like a
small
animal
around
yourcremated--toss
shoulders, dragIt itmaround
and
tease
your dog,
and'make it Jump around your legs. all the time kespmg it away from the
dog,
• Afterafswdayeofkeep-away,
yourdogshouldbespendmgan
mordmate amount of tree mooning over the toy's hcdeaway location and
stares at d, praymg you'll come and get Lt down end tease him wrth d
Once in a while, as you pass the toy's hideout, point out the Tug 'N Treat
to the dog. saymg, "Do you want Special?" but do not get =t out Expect
claw marks on the furndure and walls Jfyou put It just out of his reach,
I
'
i
• After the dog has hd the desired frenzmd prtch, let him actually catch
and the _s a GOOD thmgl
hold of the toy when you get d out and play some wild tug games In the
hegmmng, don't control the play tee touch--"trick"
the dog to get the Tug
'N Treat out of hts mouth or pry ol0en his JaWS to remove +t Post to the
I
i
goor or anywhere in the room and say "What's that?" When the dog
looks av,,'ayand loosens his grip, say "1got ttl" end start the keep.away
I
game again Ask him where "Spectal" is in that tone ofvmce that makes
hrm go wdd
• Let the dog get a taste of the "innards" once =nawhile by making a huge
deal over openmg the Tug 'N treat and lettmg hrm try to gnaw oft"a small
hunk of the food whde you hold the toy open AJternatrve]y, palm e treat
of the same variety as Inside (g=vehim the good stuff, no trrckel) and
pretend to open it after he understands the game
• When your dog will play madly at home, take "Specml" outside, then
down the street, then Io the perk, and so on After he will play m other
places, take the Tug 'N Treat to aglhty practice and use d hke a hall or a
target toy for send-aways, or at the end ore set of wea_'es, and so on
Play with your dog just before the exercise, hide the Tug 'N Treat behind
your back, and have a friend take d without the dog seemg where it went,
and meglceJly produce it at the end of your run Hide tt in different places
on your body, under your arm, down your trousers, insfde your own sock,
and let It magtcaUy fall out at varied times durmg practice, not Just at the
end of the run Be mterastmg end ematrve with this toy Let your dog
chase it down end "kill d "
Remember to renew the food stLrmngs often SOthat the treats don't sped. or
store It m the refrigerator pad,of the hme _so, wash your toy periodically so
that you won't get food spoilage tn the seams of the toy
The Tug'nTreat is an mteraetrve toy, do not leave your dog with d unattended
To order your own Power Paws Tug'nTreat go to CLEAN RUN
I Nar, oyGye$,
NoN
ThQ,e
power
mrb¢lts
Pa_Asiety.¢2002
a+e =opy_leht,d
safe,at
p,fmi_on
hem Pewit
. ¢onrent_,Jfthout_v:ltten
<BeckTo
_'ZOO 1 Powtr
Unaluthc*rized
Index
frle
re aN< to thesQ
paots,
bur do Hot copy tht
Pa_Asilrty
of Articles<
Pa_
Agility
p owlt r PaW
use of images
and ¢or, tr
.............................................
Fe.I
Agility
L¢ ; see'lee
re,Ilk of p evvel pavJS Ag airy
A - 21
.............................
, ,Lu.J zt vwvvw,_ uut_u,_l_lc_,Uttl_
i ] t tvKJu
IbY_VLI _U_II,F
ILlll
Tncky
Treat Ball
Ira soft plastic with lots of _ndenhons 1o
fool even the smartest pup The Tncky
Treats Bag w_th It's unique funnel
des=gn, d_spenses treats one at a time
The rugged des(gn allows dogs of any
s_ze to pmk up and play _th the ball
Made Qom super durab(e elastomenc, the soft Tricky Treats 8at( stands up to
small and large dog torturel it's 100% safe because It's made from non-toxic
materials Just msert some treats or dog food into the opemng, and your dog
v,qll work rolhng, nudgmg and to, stag the ball trying to get the treats out
it's a great challenge and provides endless
' _'_p_
_o__
going to be gone at d_nnerhme Just place the
dog food reside and let your dog play for his
dmnerl
Great
newIt's
puppes
and aid
hound
ahke,
it
hours for
of fun
especially
useful
when
you'e
keeps
them
OCCUpied
v_lth
their
own
to_s,
_ '_
__tc'sCg_';_'_'_" '!i __/!
SO
they'll leave yours alone (like shoes, the
couch, and table legs) It's a great boredom
and [onehness ehmmator Plus, d's great fun to watch your dog play It's
great fun watching them figure out what works to get their treatsl We use it
as-a fetch ball, tool
0
$10 49 for large
$ 5 49 for small
$14 49 for both
e=ahr v_ith her new
_.
_/.
Tn ¢_ky Treat
[f your pup gets to be
a pest for treats.,lust
fi[I the tncky treat ball
w_th thee own dog
food The Tncky Treat
ball makes dog food
funl
Bill I
"The d,spoa_hon of noble doge is to be gentle wflh
ople
th. koo. theepees,re
,.,.hthe.they
_(_ub't_,
don't know
How_ then. can the dog be anytl',ng
ethertbana,o.roftoam,ngsiooa
t d. oas hats
'_t_.,_
Its o_"nand what's alien "- Plato
Dog Day
a=ft= "se_
Central
TOLL
FPEE
Loozl
Phone
Ptka"
1-800
Helmltage
TH _70_S
063-3300
@10 s"r_ea2
"_
Fax e 1:._.974- 2_.34
HOUPS
Please
Tue_da¥-ge=day7am.8pm
CST
e mall t_ _,lth any que_lone
corn
_jr_
Co p:_'ight @ 2003
Dog
Oa_ C_fe
e,og P_y
Care
_ a tiadtm_l(<
A-22
" All
zlgh_
of dogdaye_fe
ce_eNed
cam
I JLI__ //l_l_._V
bll.bLdy
k.UIII/bLUf
U/LUy5.,'ro_sO
5n[ml
Returns/ExohanQes
Home
TREAT
BAILS
&
BOARD
i
)
Ic )
GAMES
Contact
Information
Nev_=l
,Next
e'der
'Page
Chew Tervs I Ball Throwers
I Bouncers & Tufts I Ball____ss
[ P_l ] [ Pfl2 !
FIv_atls [ Treat Balls & Board Games IFlv_n.qDiscs
Replacement
SqueakersfGrunters
Yuppy,Puppy
Yuppy
Treat
I S_
Toys-( Pill ] [ P_12 ] I TOYS INDEX
Machina
Puppy
Yuppy Puppy plus
2 bags of Liver Bisco_ti
Yap, rt'a the same one sold elsewhere for
$59 95
_
$29.95
(01499)
_'AcJd it
_"
"
$35.98
(GI499LB) (Save $5 95 on the L=varB=scotti)
It's a gasl This 13" tall working gumball machine (uses treats, not gumballs) has been specrally
designed so dogs can work it themselves
If you arelookmgfora
new tnck to tram your dog,
th=sls afunone
We used a clicker to tram two of ourg_rls_njust
afewsessrons
Now they
impress wsltors (and us) whenever they get a chance. The Yuppy Puppy Treat Machine is 13 '
inches high, made of metal [the red parts), polypropylene
(the base), and acryhc (the globe) It
also has a 10 year guaranteel
Buster Cube
Our dogs love their Buster Cube You load your dogs favorite treats mtolt, then put it on the
floor and watch them go after it When they roll it just the right way, surpnse, treatsl It's fun for
your dog and you Don't worry ff you have to show them how' to do it the first fewhmes
Once
they catch on you won't be able to stop them This is an excellent
brain toy. It can also
help reduce behavioral
problems by giving your dog something
fun to do.
Buster
Cube
Mini Buster Cube
(dogs under 22 pounds)
Live(BusterBiscotti
Cube)
(for
Treats
Talk To Me Treatball
VVe've tested many alternatives
to the Buster Cube but we hadn't found one we hked untd we
came across the Talk to MeTreatball
It is a hoot for the dogs and us The Talk to MeTreatball
doesn't just wildly dtspense t_eats like the others we tned It has compartments
inside so It
dispenses
mamannerthat
makes the dog workalittleb=t
But the fun partlsyou
can record a
message that will be replayed every time the ball ls jarred Thmgshke"Good
Dog", "Canlhave
some too?" or how about the chorus from "Hound Dog"? You can record a message up to 15
seconds in length and you can change Jt as often as you'd hke It's dishwasher
safe tool
Batteries included
A - 23
My Dog
Can Do That!
20.95
A
board
(_,_]_"
game
(TYbIYDO0)
that
requires
a dog.
I This
Is
tile
greatest
game
to
play
with
your
tour
legged
frlendel Play becomes a training session and everyone has a good time Select atrck
card
from the deck Maybe you'll have to do the Doorbell Dash or
SynchrontzedWalklng
You have 30 seconds to get your
dog to do the tnck Don't worry, you can pck a. Beginner,
_¢J_-f-I_- t_tt ,_tJ_!
Intermediate,
or Advanced tnck The harder the trick, the
more spaces you move forward
Now you can make tralnlr_g tmme fun for the entire family
\rCe'_e even heard of clubs ha_'lqg My Dog Can Do Thatl fun daysl
BONUS: A 30 page training manual
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DOGOPOLY-The
$24.50
Game
_"
of Hiqh Steaks
and Bones
(TY1)
Here is a board game that started with the doggie Monopoly ® theme, then took Lt to the next
level offunl Yes you have properties (Aklta Avenue, Poodle Place, etc) and collect rent, but
you also have anlnnertra_kthat
adds awhole new dimenslon
to the game Drawa card and
you might have to pay 325 "bones" because you chased a motorcycle,
and caught it Or you
might get 50 bones because you won 2nd place in a dog show We had a blast playing th=s
darnel We found with this DOGOPOLY
you'll be able to complete
a game somewhat faster
than the version below For 2-6 players agesgto
adult
DOG-OPOLY
$24.50
- A TaiI.WaKgin¢]
_,
Property
Tradinq
Game
(TYDOPLY)
A great game for Monopoly ® purestsl If you love Monopoly ® , you'll love Dog-opoly which uses
dogs as the theme Instead of real estate you have dog breeds
bones for your property
You also have Good Dog and Bad Dog
maybe you'll pass "Go Fetch" arid collect $20Q The wrong card
spaces to clean your shoes because "You stepped _n _tl" There
on the back ofthe"dog
deed" cards The pewlertokens=nclude
Mailman,
Dog Bowl, Cat, and a Steak
For 2-6 players agesgto
Purchase
dog houses and dog
cards Drav,,the nght card and
might have you move back 3
are even fun facts about breeds
a F_raHydrant,
Flea,
adult
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[ P_4 ] [ _
] 1TOYS INDEX
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.................................
t
A - 25
,-M_,._M_j
............................
IN
THE
UNITED
AMENDMENT
STATES
TO
PATENT
The
Serial
78/228,919
Pet
Food
Trademark:
PLAY
Classes:
28
Filed:
March
To:
Commissioner
AND
trademark
for
the
Principle
(15
U.S.C.
the
§
Applicant
connection
with
TOYS
(INT.
mark
anywhere
and
rendered
in
and
is
showing
now
the
was
was
the
in
use
mark
first
of
by
C.F.R.
the
above-identified
and
Trademark
the
act
of
Office
July
5,
on
1946
amended).
subject
mark
in
commerce
on
or
goods:
CL.
used
used
interstate
as
as
37
28)
and
PET
TREATS
31)
first
in
UNDER
established
(INT.
Esquire
Attorney
Patent
following
CL.
Chicoski,
USE
the
22202-3513
Examining
115
States
using
the
2.76
Drive
D.
e__tseg__,
is
PET
The
United
1051
§
Trademarks
registration
Register
2.76,
LLC
Virginia
ALLEGE
requests
in
§
2003
Trademark
Law
office
Applicant
Centers,
Crystal
Jennifer
TO
C.F.R.
31
24,
2900
AMENDMENT
OFFICE
THINGS
Arlington,
Attn:
TRADEMARK
ALLEGE
USE
UNDER
37
WITH
DECLARATION
Applicant:
No.:
AND
such
actually
in
in
connection
connection
commerce
at
commerce.
used
One
is
118351O0101tl1266648vl
A - 27
with
with
least
the
as
specimen
presented
the
goods
goods
early
per
herewith.
as
class
in
The
undersigned
statements
and
being
the
like
imprisonment,
or
willful
statements
false
application
properly
of
the
or
any
applicant;
trademark
use
in
are
true
and
sought
to
and
all
be
made
under
to
he
commerce;
so
may
to
be
all
statements
that
U.S.C.
§
the
the
of
applicant
statements
made
on
and
to
his
information
such
of
the
that
Use
be
on
the
trademark
of
or
that
validity
Statement
the
false
fine
declares
registered;
made
by
1001,
registration,
this
willful
punishable
jeopardize
execute
believes
warned
are
18
resulting
authorized
the
believed
both,
hereby
he
is
behalf
owner
is
of
now
own
knowledge
and
belief
in
are
true.
THE
PET
FOOD
CENTERS,
Dated:
PHILI_
Chief
118351 00101/I1266648vi
A - 28
S. MONTOOTH
Financial
Officer
LLC
I
-
i 2
-
,
A- 29
-
I
I
IN
THE
REQUEST
UNITED
TO
STATES
DIVIDE
Application
Food
24,
Mark:
PLAY
THINGS
Classes:
28
To:
Commissioner
and
2900
REQUEST
TO
DIVIDE
Pursuant
to
37
required
from
118351.
fees
Deposit
31
for
Account
Drive
Examining
115
§ 2.87,
divided
division
No.
Attorney
Applicant
the
02-2555.
01-20-2004
00101/I1285879VI
U 8. Patl_t
& TMO fcJl_l
A-30
37
C.F.R.
hereby
separate
Applicant
of
Esquire
UNDER
into
individually.
the
22202-3514
Chicoski,
APPLICATION,
be
Trademarks
Virginia
D.
C.F.R.
application
and
2.87
LLC
for
Crystal
Trademark
Law
Office
28
§
31
Jennifer
Attention:
Classes
C.F.R.
2003
Arlington,
its
37
OFFICE
78/228,919
No.:
Date:
that
TRADEMARK
UNDER
Centers,
March
Filing
AND
APPLICATION,
Pet
Applicant:
PATENT
Mall R=pt Dr. 057
§ 2.87
requests
applications
authorizes
application
in
all
to
be
deducted
l
As
all
Applicant
divided
of
the
division
respectfully
and
requirements
requests
processed
that
have
the
been
subject
January
15,
ROME
2004
FOOD
hereby
for
certify
Trademarks,
po_/__5,
118351.
LLC
_d
y D._-l_ecse_
M. Perry
Attorneys
By:
19103
CERTIFICATE
I
CENTERS,
LLP
One
Logan
Square
Philadelphia,
PA
(215)
569-5767
Commissioner
be
submitted,
PET
Its
BLANK
application
accordingly.
Respectfully
Dated:
satisfied,
that
this
2900
document
Crystal
ls
OF
belng
Drlve,
2004.
D01QI/II285879vl
A-31
MAILING
deposlted
Arlington,
in
VA
an
envelope
22202-3514,
addressed
via
first
te
class
the
mail,
As
defined
hundreds,
of
definitions
other
in
not
emit
sound
move
alone,
or
be
quickly,
lightly,
space,
as
possession
or
one's
interests";
own
and
(See
excerpt
Because
of
versatile
practically
term
very
dynamic
impossible
immediately
immediately
THINGS"
suggests
bound
from
snacks,
place
but
the
to
to
that
to
mark
pets
place
does
_PLAY"
and
words
in
the
that,
as
a
can
to
amuse
A - 45
gain
done
pla/'.
A.)
different
truly
one
of
language,
by
The
or
while
describe
the
mark
have
is
the
feature
of
the
it
Applicant,
definition
in
Exhiblt
many
themselves,
immediately
00101/i1296981vl
is
treats.
uninterruptedly,
not
so
a
for
fair
as
English
No
or
or
all
significant
goods.
word
was
hereto
used
to
within
keep
conduct:
it
seem
especially
It
has
because
-ll118351.
manipulate,
others;
"To
function
attempt
that
the
_To
or
_To
annexed
say
move
do";
with
Applicant's
connects
"To
jesting:
or
include:
freely
or
many
definition
operate
describes
of
"PLAY"
dealing
fact
definitions
or
the
This
or
use
"Fun
connotations,
and
characteristic
"To
not
sport,
move
www.bartleby.com
the
and
parts
and
toys."
irregularly";
_To
of";
of
from
definitions
most
control
_Manner
with
if
of
amusement,
performance";
or
machine
in
Other
in
uninterruptedly";
bounded
pla/';
playing
dozens,
One
oneself
however.
sounded
has
connotations.
occupy
children
stand
discharge
and
"[t]o
recreation:
_PLAY"
dictionary,
meanings
is
does
the
word
"PLAY
fun,
or
enjoying
their
the
goods.
As
detailed
in
suggestive
Section
nature
repeatedly
of
I.C,
the
infra,
word
registered
it
"PLAY"
on
the
is
that
the
has
varied
enabled
Principal
and
it
to
be
Register
without
the
_PLAY,"
disclaimer.
Similar
the
word
to
the
_THINGS"
short
of
eclectic
is
meaning
utterly
immediately
behind
vague
and
conveying
word,
ambiguous,
any
falling
information
well
about
a
%
significant
feature
provides,
the
equipment
needed
are
of
my
definitions
essentially
which
the
for
annexed
things
and
as
object
immediately
describe
very
it
is
ambiguity
used?
of
so
and
a
B.)
As
the
word
how
in
_THINGS"
-12118351.00101/I1296981vi
A - 46
of
the
idea,
or
from
all,
could
that
I.C,
has
are
goods
a
to
quality
_An
belongings:
www.bartleby.com
every
use
characteristic
Section
various
existence";
where
the
state
they
about
own
Where
the
_Possessions;
excerpt
particular
detailed
its
_The
general
that
an
After
"thing,"
any
several
have
(See
"The
enigmatic
time";
left."
Exhibit
is
to
as
purpose:
as
entity,
dictionary
generalized
anything
_An
thought
as
the
special
noun,
conveying
space
a
As
ambiguous
a
applied:
or
in
hereto
of
be
or
as
are
_THINGS"
dimensional
which
and
of
existing
her
_
As
is
can
activity
conditions,"
term
goods.
_THINGS"
an
things?,
known,
entity
Applicant's
of
incapable
perceived,
packed
meaning
cleaning
affairs;
of
of
of
infra,
enabled
three_THINGS"
goods
it
it
is
to
on
the
be
i
repeatedly
L
registered
on
the
Principal
Register
without
disclaimer.
Overall,
trademark
the
coalesce
identifier.
more
To
evidence
provides
serving
only
treats.
no
to
The
treats,
such
a
but
is
clear
descriptiveness
Attorney
was
relationship
treats,
conveys
the
phrase,
attached
and
the
that
five
the
in
cull
manufacture
PLAY
THINGS.
articles
to
that
commercial
sale
-13118351.00101/I1296981vl
A - 47
for
pet
of
the
mark,
pet
the
a
link
the
the
treats.
only
toys
and
trademark
of
of
and
"PLAY
serves
and
evidence
as
the
with
"[h]ence,
name
to
determination
First,
establish
toys
mark
marketing
THINGS
far
whatsoever,
Attorney
review
is
Examining
compound
evidence
and
the
Applicant's
PLAY
source
between
applied
the
a
unique
refusal
Examining
making
THINGS
descriptiveness
(i)
the
as
cursory
to
concludes
common
that
PLAY
THINGS"
by
relationship
Applicant's
unable
to
identifying
has
of
2(e)
between
a
_PLAY
Attorney's
between
even
wholly
that
acceptance
by
a
believed
the
indication
relationship
With
it
for
a
provided
no
doubt
first
support
no
of
Examining
relationship
goods.
record,
the
Applicant's
essence
than
commercial
evidence
suggest
little
establish
is
any
be
sure,
There
has
the
mark
be
of
form
can
suggestive
Attorney.
to
to
There
a
THINGS"
components
Examining
between
mark
applicant's
to
the
Examinzng
any
treats
of
tenable
under
the
Attorney
toys
and
immediately
pet
toys
as
well
as
the
descriptive."
phrase
THINGS,"
the
commercial
case,
the
search
for
shows
term,
"THINGS,"
run
(i) .
(See
protectible
uses
of
Applicant
versatile,
ambiguous,
evidence
goods.
and
the
in
connection
as
the
A
Class
pet
C).
ambiguous
THINGS"
spectrum
suggestive
well-
with
absolutely
mark
in
Exhiblt
demonstrating
that
a
International
wide
cited
treats.
standards
a
the
appears
pet
"PLAY
the
were
but
to
trademark
across
clearly
in
in
the
below,
submits
that
"PLAYTHING"
descriptiveness
I.C
If
hereto
with
the
conveys
appear
term
merely
the
anything
annexed
unique
"THINGS"
services.)
how
"PLAY"
"PLAY"
Part
of
see
applied
the
therefore
"immediately
as
of
results
the
to
word
word
Applicant's
afoul
uses
provides
the
combining
articles
would
the
usage
(Se___e search
the
mark
meaning
no
of
subject
listing
essentially
Consequently,
the
while
of
is
one
THINGS"
recognized
and
fails
the
"PLAY
conjugates
treats.
2(e)
for
its
or
not
that
Additionally,
understood
not
that
name"
dictionary,
treats,
Applicant
wording
evidence.
31
the
conclusion
common
the
of
Considering
"PLAY
supports
use
"PLAY
under
of
does
Section
diverse
and
of
and
goods
THINGS"
is
trademark
law.
By
stating
describes
an
feature,
purpose
that
"[a]
ingredient,
or
use
mark
is
quality,
of
the
-14118351
00101/I1296981vi
A - 48
merely
descriptive
characteristic,
relevant
goods"
if
function,
(citations
it
omitted),
one
the
Examining
attribute
of
significant
and
re
the
goods
must
Bright-Crest,
meaning
equate
no
with
as
sale
of
of
goods,
goods.
drawing
let
As
THINGS
dearth
of
for
the
pet
treats.
third
party
alone
the
use
of
as
Applicant
the
a
2(e)
evidence
"PLAY"
_need"
through
In
In
re
with
more,
does
there
in
consists
or
source
Applicant's
the
of
THINGS
test,
unique
See
mark
THINGS
PLAY
on
mark
shows,
PLAY
of
a
(i).
record
usage
under
A
the
be
the
without
Section
(i)
must
1979);
1982).
2(e)
that
between
goods,
of
mark
(T.T.A.B.
The
use
fact
understood.
(T.T.A.B.
under
functions
to
591
identified
applied
consumers
branded
the
by
readily
U.S.P.Q.
the
crucial
connection
and
358
need
whatsoever
PLAY
the
descriptiveness
or
the
that
204
to
the
identified
U.S.P.Q.
competitive
identified
omits
immediate
Ltd.,
addition,
evidence
that
and
relation
manufacture
with
goods
be
216
in
In
is
the
attribute
H.U.D.D.L.E.,
not
Attorney
for
no
the
in
connection
it
is
obvious
identifier,
uniquely
goods.
where
Ultimately,
Applicant's
all
evidence
the
mark,
suggestive
competitors
points
there
and
thus
no
evidence
_need"
to
is
the
no
to
use
imaginative
question
registrable.
-15118351.00101/I1296981vi
A - 49
exists
the
and
that
mark
to
PLAY
show
THINGS,
that
and
suggestive
nature
of
Applicant's
mark
is
Analogous
C,
Having
2 (e) (i)
term,
Principal
submitted
refusal,
the
"THINGS,"
in
Class
analogous
to
the
Examining
Attorney's
the
notable
word
Register,
Reg.
hand
No.
and
pursuant
and
figures,
with
an
Inc.;
services
chimes,
coral,
inspired
by
Oelschlager;
water
pistols,
namely,
up
and
SEA
services
linen
and
contain
Section
plush
down
THINGS,
small
games,
Reg.
CI.
No.
seashells,
jewelry,
posters,
souvenirs,
stain-glass
in
clothing"
sea"
(Int.
CI.
U.S.
Reg.
THINGS,
the
field
(Int.
of
Cl.
general
35),
-16118351.0GIOI/II296981vl
A - 50
owned
is
not
cards,
and
owned
2,257,207,
merchandise;
by
Warm
disclaim
the
Principal
THINGS,
high
U.S.
bouncing
cars,
yo-yos,
music
the
misplaced.
toy
28),
35),
No.
that
and
toy
and
movable
owned
2,385,390,
featuring
the
situations
dolls,
with
(Int.
U.S.
COOL
balls,
animals
motion"
on
:
squeeze
board
do
each
namely,
soft
i)
and
2(f)
_toys-balls,
hand
2(e)
here,
to
small
WARM
store
that
term,
unequivocally
Section
instructive
for
toys,
Things,
shop
none
2,473,920,
electronic
under
registrations
are
Numerous
the
below
individual
the
demonstrate
refusal
of
evidence
disclaimer.
one
_THINGS"
balls
action
legs
present
Section
suggestiveness
of
without
the
extensive
provides
"THINGS"
against
the
registrability
31
Containin@
argument
demonstrated
Applicant
demonstrating
Several
cogent
and
_PLAY,"
Registrations
by
Cool
for
"gift
candles,
wind
special
by
gifts
Sherilene
for
_retail
namely,
Things,
bed
Inc.;
WARM
THINGS,
sheets,
U.S.
and
Inc.;
35),
THINGS,
by
2,257,175,
THINGS,
Cl.
8);
for
U.S.
for
covers
CI.
_diaper
"educational
WILD
calls
and
Shannon
"board
for
Cl.
Sherry
"retall
rugs,
comforters,
(Int.
Reg.
scent
Cl.
services
in
and
for
and
plastic
of
(Int.
"infant
infants"
CI.
Associates,
Reg.
No.
1,468,477,
28),
No.
2,744,357,
Reg.
games"
by
(Int.
U.S.
fields
drapery
hardware,
deer
owned
28),
No.
fabrics,
pillows,
for
Aristoplay
Cl.
Reg.
of
and
Inc.;
CI.
(Int.
U.S.
21);
toys
"hunter's
and
A - 51
(Int.
for
the
00101/i1296981vi
Yarnell;
spoons"
drawers,
cups"
apparel,
B.
protection
THINGS,
-17118351.
No.
2,390,301,
blankets,
draperies
Reg.
owned
card
'N
C1.
dance
and
order
(Int.
28),
....
and
"mail
Sherry
Meyer
lures"
LINENS
towels,
C.
U.S.
No.
THINGS
Inc.;
26);
by
(Int.
games,
curtains,
CI.
(Stylized),
Inc.;
the
bed
Things,
U.S.
"infant
and
stands
owned
deer
store
sheets,
bottle
28),
U.S.
parlor
for
for
by
for
Warm
THINGS,
owned
doors
outlets
by
featuring
1,409,211,
for
blankets,
clothing"
"N
stores
35),
owned
and
TIGHTS
Cl.
games"
hunter's
&
No.
THINGS
THINGS,
linen
Inc.;
pins"
Outdoors,
Quinn
bed
"infant
board
games,
2,267,063,
latches
safety
AND
Ltd.;
Reg.
for
(Int.
DINOSAURS
No.
clothing
electrical
9);
Reg.
(Int.
"safety
for
rattles"
by
"retail
"bed
24),
Things,
accessories"
WEE
(Int.
Warm
for
Cl.
featuring
for
and
2,267,064,
(Int.
U.S.
services
owned
gear
No.
comforters"
WARM
catalog
Reg.
by
for
owned
934,171,
yarns,
tablecloths,
notions,
patterns,
bedspreads,
accessories"
(Int.
MUSIC
&
store
services
a
THINGS
wide
Music
services
owned
No.
for
"retail
leasing
computer
implementing
and
installation
software
analysis,
computer
time-sharing
on
a
computer
decor
U.S.
on-line
antique
by
and
and
THINGS,
the
Reg.
retail
furniture
Barbara
Badler
REMEMBERED,
THINGS
U.S.
Reg.
Cl.
35),
U.S.
Reg.
(Int.
INTERNET,
computer
DBA
diagnostic
computer
programming
namely,
creating,
designing,
pages
and
software,
design
server
for
for
00101/I1296981vi
52
web
sites
updating
services,
A-
2,802,033,
home
and
by
facilities,
-18118351.
No.
services"
ALL
web
computer
owned
store
services,
software,
Inc.;
consultation,
computer
maintaining
of
_retail
owed
television
THINGS
Inc.;
computer
others
35),
35),
Reg.
field
Inc.;
featuring
Cl.
including
gift
of
of
Cl.
_computer
of
for
services
Eccentricities;
for
2,791,129,
(Int.
QVC,
antiques,
Remembered,
2,463,713,
by
store
"retail
Things,
telephone,
owned
(Int.
for
Things
others,
for
&
2,444,538,
services,
35),
'N
U.S.
the
of
household
communications
goods"
in
use
CI.
No.
THINGS,
services
other
Linens
computer
related
the
and
by
Reg.
SPLENDID
items"
Antiques
by
U.S.
featuring
decorative
Things
No.
(Int.
2,752,734,
store
and
MANY
through
internet"
owned
thru
music
shopping
decorations
No.
Design,
of
curtains
42),
available
Things;
_home
CI.
and
variety
and
for
shower
a
of
others,
others;
computer
computer
hosting
global
for
the
computer
systems
web
sites
network,
integration
of
computer
computer
software,
identification
42),
owned
of
by
No.
2,134,423,
in
the
sundries,
home
for
tissues,
fibers
tops,
spinning
lazy
kates,
lace
work,
frames,
tools
in
the
felting
sticks,
spool
pillows
mills,
Cl.
and
of
for
systems"
work,
-19118351.00101/I1296981vl
A - 53
and
combers,
used
heddle
niddy
noddys,
spools
owned
looms
reed
consulting
and
dents"
services
data
by
for
weavlng
weaving
reeds,
to
spinning
crochet-plns,
ventilation
42),
yarns
wheels,
climatology,
CI.
No.
blocks
reels,
and
and
heating,
(Int.
felting
by
Reg.
combs,
bobbins,
boards
owned
U.S.
spinning
frames,
35),
fibers,
swifts,
lace
meteorology,
Cl.
TWIST,
of
"engineering
engineering,
goods,
spindles,
warping
heddle
leather
process,
for
namely,
tableware,
brushes,
umbrella
services
books,
treating
nature
hand
winders,
namely,
conditioning
the
catalog
Reg.
pens,
A
mills,
tools
thereof,
mechanical
for
Cl.
U.S.
accessories,
(Int.
WITH
(Int.
CABIN,
order
for
stationery,
blankets"
carding
warping
fields
footwear,
_hand
THE
and
of
names
network"
FOR
mail
clothing,
THINGS
ball
8);
and
maintenance
domain
computer
store
Inc.;
in
global
THINGS
and
felting
of
Inc.;
bedding
namely,
carders,
networks,
furnishings
dolls,
Roll,
2,687,008,
the
of
toys,
Cinnamon
a
"retail
jewelry,
agitate
on
housewares,
pillows,
(Int.
users
Informatics,
field
and
registration
for
furniture,
parts
systems
in
analysis,
and
Things
airWith
A
_l
Ill
l
Twist,
Inc.;
for
HEARING
_hearing
for
(Int.
_retall
35),
FISHY,
U.S.
fully
equipped,
tanks"
FOR
computer
YOUR
by
bottles
sold
holders"
(Int.
valances,
dust
for
bed
ruffles,
and
and
U.S.
software
support
and
21);
sheets,
towels,
for
"curtains,
pillowcases,
wash
call
FAVORITE
wastepaper
cloths,
-20118351.00101/I1296981vi
A - 54
and
for
fish
LLC;
GOOD
_designing
providing
identification,
(Int.
Cl.
U.S.
Reg.
tumblers,
baskets,
and
draperies,
comforters,
shower
THINGS
and
and
THINGS,
holders,
(Int.
maintaining
Fishy
others
applications"
toothbrush
SOME
aquariums
telephone
paging
plastic
Inc.;
for
audio,
program"
2,294,016,
programs
Inc.;
"ceramic
Cl.
No.
for
Systems
empty,
Reg.
2,715,970,
publications
awards
Things
Things
namely,
_installing
Some
by
No.
and
functioning
Inc.;
2,454,770,
owned
others,
Associates,
by
No.
Reg.
books
for
owned
management
2,444,700,
of
aid
Things,
35),
U.S.
2,454,814,
hearing
Reg.
CI.
incentive
2,352,596,
PHONE,
TriVium
an
Creek
37),
servlce
monitoring,
of
stocked
CI.
(Int.
WANT,
No.
and
U.S.
products
Mill
Reg.
Hearing
merchandmse,
NO.
hardware
technical
owned
by
Reg.
(Int.
THINGS
consumer
administration
owned
by
GIFTS,
PEOPLE
interactive
the
owned
services"
THINGS
the
and
through
CI.
Inc.;
"promoting
video
42),
store
U.S.
evaluations
PERSONALIZED
gift
Remembered,
Design,
and
CI.
REMEMBERED
for
and
screening
evaluations"
THINGS
THINGS
curtains"
42),
lotion
toilet
fabric
pillow
No.
brush
window
shams,
(Int.
Cl.
24);
and
for
Springs
for
regarding
CI.
THINGS
"providing
in
and
Advantage
Medical
featuring
Understanding
Reg.
ALL
(Int.
THINGS
_management
to
and
Olde
Good
for
CI.
35),
35),
ENVIRONMENTAL,
assistance
"environmental
namely,
concept
regional
planning,
U.S.
services"
engineering
engineering,
geological,
and
35),
GOOD
care
owned
THINGS
store
by
and
services
architectural
antiques
other
owned
Church
of
Bible
THINGS,
U.S.
by
CATS,
HATS
clothing
Universal
&
and
City
gift
store
Studios,
Inc.;
Reg.
No.
2,148,797
for
(Int.
CI.
35);
for
hydrological
A - 55
health
and
engineering
00101/11296981vi
supplies
stones
related
-21118351.
retail
and
Cl.
OLDE
for
furniture,
"retail
by
Inc.;
door
other
"retail
in
Things;
owned
to
equipment
for
computer
2,193,170,
door
Inc.;
No.
purchasers
Enterprises,
(Int.
by
Reg.
global
No.
patients"
lighting,
Cl.
Dune
or
Supply,
owned
U.S.
a
and
speciallzing
(Int.
via
therapy
2,197,078
2,307,717,
services"
physical
No.
DBA
No.
services
27),
prospective
Reg.
therapists,
including
items"
Sand
Cl.
DVD,
for
U.S.
&
antiques
THINGS
by
Equipment
Reg.
hardware,
antique
of
(Int.
reviews
catalog
occasionally
U.S.
and
owned
physical
providers
ALL
Design,
field
hospitals,
Design,
FOR
rugs"
information
35),
order
the
throw
news
and
phone
services
Inc.;
related
(Int.
THERAPY
&nd
"providing
DVD
network"
and
rugs
Industries,
2,242,610,
for
_bath
and
consultation
design,
and
services,
urban
hazardous
and
waste
i
research
studies,
computer
OF
oriented
Inc.;
"novelty
order
THINGS
services
tapes
and
toys
and
arts
(Int.
CI.
THE
42),
LAND,
products
outlet
International,
1,377,653,
services"
for
"soil
owned
U.S.
by
(Int.
and
No.
"retail
CI.
No.
1,730,089,
owned
FOR
tissue
&
apparel
00101/i1296981vi
A - 56
Myles
42),
A
THE
store
cassette
games,
42),
owned
LAND,
U.S.
GOOD
sporting
Haffer
Reg.
THINGS
agricultural
owned
THINGS,
by
laboratory"
"retail
42),
T.
ZILLION
stationery,
Inc.;
and
owned
"retail
analysis
for
CI.
FOOT
-22 118351.
catalog
audio
Cl.
CI.
services
for
(Int.
THINGS
by
and
CI.
and
for
(Int.
Things;
software,
(Int.
wearing
42),
&
video
1,485,719,
SPORTING
Service,
1,851,011,
order
International,
services"
Science
(Int.
Snakes
plant
Terra
Reg.
Inc.;
for
GOOD
science
distributorship
items"
THINGS
order
animals"
mail
supplies"
Inc.;
Inc.;
No.
wooden
DBA
computer
by
and
environmental
_mail
Reg.
magazines,
craft
Concept,
1,487,221,
Reg.
of
owned
U.S.
services
Weston,
for
novelty
Inc.
formats,
F.
services,]
and
U.S.
and
Roy
wholesale
books,
other
Children's
No.
KIDS,
laboratory
field
42),
Design,
and
Imports,
featuring
CI.
store
animals
FOR
by
hand-crafted
_[retail
Drake
the
1,833,525,
and
namely,
wooden
owned
(Int.
THINGS
and
in
No.
services,
Pamela
NEAT
FOR
&
for
featuring
by
Reg.
items;
and
42),
services"
SNAKES
mail
CI.
U.S.
kit
testing
services
(Int.
SCIENCE,
20);
analy£ical
consulting
protection"
i
by
U.S.
Terra
Reg.
goods
DBA
No.
store
Sporting
Foot
&
for
1,022,232,
laminating
personal
Corporation;
and
gift
featuring
Exhibit
a
of
the
Applicant's
mark
unique
the
of
or
comforters
No.
CI.
37);
for
CI.
by
Reg.
No.
retail
35),
owned
from
and
owned
and
and
Cole
for
National
2,709,055,
mail
by
plastic
40);
order
for
services
Swede
www.uspto.gov
of
between
that
Principal
Things
annexed
THINGS,
Warm
and
the
mark
word
Applicant's
the
In
hereto
the
mark's
toys
and
"PLAY"
mark,
In
where
PLAY
00101/i1296981vl
A - 57
there
pet
--
portion
of
function
as
is
than
under
THINGS,
mark,
bed
view
treats,
more
no
a
is
COOL
sheets,
of
it
is
no
"THINGS"
the
is
the
disclaimer
overall
blankets,
THINGS.
and
throughout
_THINGS"
Inc.'s
bed
comprising
"THINGS"
treats,
Inc.'s
registrations,
the
of
pet
WARM
selection
without
Indeed,
Things,
Things,
a
_THINGS"
Applicant's
Cool
--
Registrations
identifier.
under
of
marks
-23 118351.
(Int.
U.S.
containing
PLAY
of
descriptive
clear
THINGS,
suggestiveness
source
descriptive
link
42),
Classes
the
sampling
Cl.
excerpts
of
illustrates
THINGS,
(Int.
aforementioned
fraction
International
a
others"
Cl.
Reg.
D.)
Each
only
for
(Int.
U.S.
monogramming
items
services
(See
(Int.
embroidery,
store
Inc.
Expired
sharpening"
SWEDE
gifts"
American,
as
_scissor
duplicating"
_retail
REMEMBERED,
embossing,
_'engraving,
"key
THINGS
Things;
the
and
above
evidentiary
is
patently
registrable
addition
be
to
this
published
II.
ALL
IN
DOUBTS
cases
it
for
of
the
person
In
the
use
and
should
RESOLVED
extrapolate
procedure
mark
registration
matters.
and
sought
of
the
that
is
A
versus
a
entitled
review
of
to
several
Appeal
favor
Section
12(a)
believes
Board
and
it
the
Id.
stated
the
for
that
the
trademark
Attorney
merely
should
not
Trial
is
at
opposition
would
be
be
00101/I1296981vl
A - 58
Appeal
of
Board
the
be
the
'merely
Trademark
resolved
in
thereby
of
features
the
published
by
on
suggestive
should
damaged
the
registered
Further
purposes
DRI-
refused
redeeming
"doubt
should
be
highly
318.
317
describes
and
application
that
mark
he
register
possess[es]
to
appellation."
U.S.P.Q.
Trademark
[DRI-FOOT]
as
173
Examining
and
"although
doubts
Corp.,
DRI-FOOT
product
The
that
to
The
ground
goods,
raise
Pennwalt
-24 I183SI.
BE
descriptive
for
such
re
register.
however,
who
in
deodorant.
principal
applicant's
with
doubt
to
a
bid
applicant
on
descriptive'
Trial
any
foot
applicants
which
Applicant's
1972),
held,
SHOULD
difficult
constitutes
case,
registration
the
REGISTRATION
admittedly
what
of
the
result
marks,
instructive.
(T.T.A.B.
FOOT
is
mark,
benefit
In
"THINGS"
FAVOR
determining
is
suggestive
CONCERNING
APPLICANT'S
suggestive
the
of
accordingly.
while
for
group
in
accordance
enabling
registration
any
EXHIBIT
A
i
play. The American
Heritage@
Dictionary
i
of the English
Language:
Fourth
Edition.
_
JFK High
School
Home] Subjects11]ties] Authors
Ridgemont
H_ghSchool
2000.
Page
daStmates.com,
Find Your Old
School Her9
IEncyclopedia
i Dictionary
I Thesaurus
I Quotations
i English
Usage
Reference > American Heritage@> Dictionary
< Plautus, Titus Macclus
_
CONTENTS - INDEX. ILLUSTRATIONS •BIBLIOGRAPHIC RECORD
The American
Heritage ® Dictionary
of the English
Language:
Fourth
Edition.
2000.
play
PRONUNCIATION:
_ pl_
VERB. Inflected
forms: played,
play.ing,
plays
INTRANS/T/VE 1. To occupy oneself in amusement,
sport, or other recreation:
children
VERB. playing with toys. 2a. To take part in a game: No minors are eligible to
play. b. To participate
m betting; gamble. 3. To act in jest or sportThey're not arguing in earnest, they'rejust
playing. 4. To deal or behave
carelessly or indifferently;
toy. See synonyms at flirt. 5. To behave or
converse sportively or playfully. 6. To act or conduct oneself in a
specified way: play fatr; an investor who plays cautiously.
7. To act,
especially in a dramatic production.
8. Mustc a. To perform on an
instrument: play on an accordion, b. To ermt sound or be sounded in
performance:
The band isplaying.
9. To be performed,
as in a theater or
on television: A good movie zsplaytng
tonight. 10. To be received or
accepted: a speech that played poorly w:th the voters. 11. To move or
seem to move quickly, lightly, or irregularly:
The breeze played on the
water. 12. To function or discharge uninterruptedly:
The fountains
played in the courtyard.
13. To move or operate freely within a bounded
space, as machine parts do.
TRANSITIVE la. To perform or act (a role or part) in a dramatic performance,
b. To
VERB: assume the role of; act as: played the peacemaker
at the meeting. 2. To
perform (a theatrical work) on or as if on the stage. 3. To present a
theatrical performance in (a given place): The company played Detroit
last week. 4. To pretend to be; mimic the activities of: played cowboy,"
played the star. 5a. To engage in (a game or sport): play hockey; play
chess, b. To compete against in a game or sport, c. To occupy or work at
(a position) in a game: Lou Gehrig played first base. d. To employ (a
;,
1 of 3
play.TheAmericanHeritage@
Dictionaryof theEnglishLanguage:FourthEdition.2000. Page2 0f3
player) in a game or position: Let'splay
her atfirst base. e. To use or
move (a card or piece) in a game: play the ace of clubs f. To hit (a ball,
shot, or stroke), as in tennis: played a strong backhand,
g. To attempt to
keep or gain possession
or control
of: No foul was called
because
he
was playing the ball. 6a. To bet; wager:played
ten dollars on the horse.
b. To make bets on: play the races. 7. To perform or put into effect,
especially as a jest or deception: play a joke on a friend. 8. To handle;
manage: played the matter quietly. 9. To use or manipulate,
especially
for one's own interests: played his opponents against each other. 10.
Music a. To perform on (an instrument):
play the guitar, b. To perform
(a piece) on instruments or an instrument.
11. To cause (a compact disk
or audiocassette,
for example) to emit recorded sounds. 12. To discharge
or direct in or as if in a continuous stream: play a hose on afire. 13. To
cause to move rapidly, lightly, or irregularly:
play lights over the dance
floor. 14. To exhaust (a hooked fish) by allowing it to pull on the line.
NOUN:la.
A literary work written for performance
on the stage; a drama, b.
The performance
of such a work. 2. Activity engaged in for enjoyment
or recreation. 3. Fun or jesting: It was all done replay. 4a. The act or
manner of engaging in a game or sport: After a time-out, play resumed.
The golf tournament featured expert play. b. The act or manner of using
a card, piece, or ball in a game or sport: my partner's play of the last
trump; his clumsy play of the rebound, c. A move or an action in a
game: It's your play. The runner was thrown out in a close play. 5.
Participation
in betting; gambling.
6. Manner of dealing with others;
conduct:fawplay.
7. An attempt to obtain something;
a bid: a play for
sympathy.
8a. Action, motion, or use: the play of the imagination,
b.
Freedom or occasion for action; scope: givefullplay
to an artist's
talents. See synonyms at room. 9. Movement
or space for movement,
as
of mechanical parts. 10. Quick, often irregular movement
or action,
especially
of light or color:
the play of color on iridescent
feathers.
PHKASAL VERBS: play along lnformal To cooperate or pretend to cooperate: decided
play along wzth the robbers for a while, play around To philander,
to
play
at 1. To participate
in; engage in. 2. To do or take part in half-heartedly.
play back To replay (a recently recorded tape, for example), play down
To minimize the importance
of; make little of: played down the defect to
protect the troops' morale, play off 1. Sports a. To establish the winner
of(a tae) by playing in an additional game or series of games, b. To
participate in a playoff. 2. To set (one individual or party) in opposition
to another so as to advance one's own interests: aparent whoplayed
off
one chzM against another, play on (or upon) To take advantage of
(another's attitudes or feelings) for one's own interests: demagogues
who
play on popular fears, play out To use up; exhaust: Our strength was
played out early m the contest, play up To emphasize or publicize: She
played up her experience during the job interview.
IDIOMS. in play 1. Sports In a position to be legally or feasibly played: The ball
is now inplay. 2. In a position, or rumored to be in a position of possible
corporate takeover: The company's stock rose in price when it was said
to be in play. out of play Sports Not in a position to be legally or
feasibly played, play ball Slang To cooperate:
The opposing attorneys
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A - 64
i
play. The American
Heritage®
Dictionary
of the English
Language:
Fourth Edition.
2000.
Page 3 of 3
refused toplay ball with us. play both ends against the middle To set
opposing parties or interests against one another so as to advance one's
own goals, play fast and loose To behave in a recklessly
or deceitful manner: played fast and loose with the facts,
To use delaying tactics; temporize, play games Slang To
deceptive: Quit playing games and tell me what you want.
get To pretend to be inaccessible
or uninterested, as when
in Peoria Slang To be acceptable to average constituents
irresponsible
piny for time
be evasive or
play hard to
flirting, play
or consumers.
play into the hands of To act or behave so as to give an advantage to
(an opponent), play (one's) cards Informal To use the resources or
strategies at one's disposal: played her cards right and got promoted.
play possum To pretend to be sleeping or dead. play the field To date
more than one person, play the game Informal To behave according to
the accepted customs or standards,
play up to To curry favor with. play
with a full deck Slang To be of sound mind: dzdn't seem to beplaymg
with a full deck. play with fire To take part in a dangerous
or risky
undertaking, play with (oneself) Vulgar Slang To masturbate.
ETYMOLOGY:
OTHER
Middle Englishplayen,
Appendix I.
FORMS:
play'a.bil'i.ty
playfa.ble
The American Heritage
®
from Old Enghshplegian.
See _
in
--Not_
--AomCrlw
DletionaO,of the Enghsh Language, FourthEdglon. Cop2naghtC) 2000 by Houghton M1film Company Pubhshedby the
Houghton M_ffim Company All rightsreserved.
CONTENTS
INDEX-
ILLUSTRATIONS
BIBLIOGRAPHIC
RECORD
{ Plautus, T=tus Macclus
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A - 65
I
thing.
The American
Heritage®
Dictionary
of the English
Universit4
Rlllance
U.S. resldent_
earn
nR degree
online
- De_-ees
9our HBR,
fron
Homei Subjectsl TitlesI Authors
Language:
Onllne:
BR (Bug,
national]9
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CIS,
Edition.
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2000.
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Page 1 of 2
RN-to-BE
.°.
] Encyclopedia
I Dictionary1Thesaurus
i Quotations
I tngti_ Usage
Reference > American Herita,qe-_ > Dictionary
< thine
thtngamabob
CONTENTS
The American
- INDEX
• ILLUSTRATIONS
Heritage ® Dictionary
• BIBLIOGRAPHIC
of the English
Language:
>
RECORD
Fourth
Edition.
2000.
thing
PRONUNCIATION"
NOUN:
th'fng
1. An entity,
an idea, or a quality perceived,
known,
or thought
to have
its own existence. 2a. The real or concrete substance of an entity, b. An
entity existing in space and time. e. An inanimate object. 3. Something
referred to by a word, a symbol, a sign, or an idea; a referent. 4. A
creature: the poor little thing. 5. An individual object: There wasn't a
thing in sight. 6a. Law That which can be possessed or owned. Often
used in the plural: things personal,
things real. b. things Possessions;
belongings: packed her thmgs and left. e. An article of clothing: Put on
your things and let's go 7. things The equipment needed for an activity
or a special purpose: Where are my cleaning things? 8. An object or
entity that is not or cannot be named specifically:
What is thw thing for?
9a. An act, deed, or work: promzsed
to do great thmgs, b. The result of
work or activity: is always building things. 10. A thought, a notion, or
an utterance: What a rotten thing to say/11.
A piece of infommtion:
t
wouldn't tell me a thing about the project. 12. A means to an end:just
the thing to increase sales. 13. An end or objective: In blackjack, the
thing is to get nearest to 21 without going over. 14. A matter of concern:
many things on my mind. 15. A turn of events; a circumstance:
The
accident was a terrible thing. 16a. things The general state of affairs;
conditions:
"Beneath the smooth surface of things, something
was
wrong" (Tom Wicker). b. A particular
state of affairs; a situation: Let's
deal with this thing promptly.
17. Informal A persistent illogical feeling,
as a desire or an aversion; an obsession: has a thing about seafood 18.
Informal The latest fad or fashion; the rage: Drag racing was the thing
then. 19. Slang An activity uniquely suitable and satisfying to one: Let
him do his own thing.
See synonyms
at forte t.
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A - 67
thing. The American
Heritage®
IDIOMS:
of the English Language:
Heritage ® Dcttonary
English,
Edition.
2000.
Page 2 of 2
from Old English.
of the English Language,
Fourth Edmon
Houghton MzfflmCompany
CONTENTS
(
Fourth
first thing Informal Right away; before anything else: Doyour
assignments first thing in the morning, see (or hear) things To have
hallucinations.
ETYMOLOGY: Middle
The Arnencan
Dictionary
• INDEX"
ILLUSTRATIONS
Cop)'nght ® 2000 by Houghton Mlf'flm Company
Pubhshed
by the
Allnght_reserved.
• BIBLIOGRAPHIC
RECORD
thine
thingamabob
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COOL THINGS
Goods and
Services
IC 028. US 022 023 038 050, G & S: Toys- balls, namely; small high bouncing
hand
bails and small hand soft squeeze balls, toy cars, toy action figures, water pistols, board
games, dolls, yo-yos, and electronic toys namely; plush animals with music and
movable legs with an up and down motion. FIRST USE: 19971100. FIRST USE IN
COMMERCE:
19971 I00
IC 016. US 002 005 022 023 029 037 038 050. G & S: Paper weights,
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19971100. FIRST USE IN COMMERCE:
19971100
Mark
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Code
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75436097
Filing
February 18, 1998
Current
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key chains• FIRST
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Serial Number
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diaries, and pen
19971100
1A
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December
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2473920
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July 31, 2001
,9
Owner
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Street Carlstadt
Attorney
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Type
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MARTIN
Cool Things,
NEW JERSEY
Inc. CORPORATION
07072
NEW JERSEY
730 Garden
B PAVANE
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Goods and
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SEA THINGS
IC 035. US 100 101 102. G & S: Gift shop services featunng
seashells, jewelry,
cards, candles, wind chimes, coral, posters, souvenirs,
stained-glass
and specml
insptred by the sea. FIRST USE: 19810000. FIRST USE IN COMMERCE:
19910701
Mark
Code
Drawing
Serial
Number
75770596
Filing
Date
September
(I)TYPED
Current
Basis
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,. 1A
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1A
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for
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DRAWING
3, 1999
June 20, 2000
Registration
Number
2385390
Registration
Date
September
12, 2000
Owner
(REGISTRANT)
Oelschlager,
Sherilene INDIVIDUAL
Santa Clara St. Ventura CALIFORNIA
93001
UNITED
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THINGS
IC 035. US 100 I01 102. G & S: Retail
Goods and
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19780500
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2257207
Registration
Date
June 29, 1999
Owner
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Warm Things,
CALIFORNIA
Drive San Rafael
Type
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IC 024. US 042 050. G & S: bed blankets, bed sheets, and comforters.
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Original
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WARM
Goods and
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IC 035. US 100 101 102. G & S: mail order catalog services featuring
and clothing. FIRST USE: 19780500. FIRST USE IN COMMERCE:
Mark
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THINGS
75498041
Filing Date
June 8, 1998
Current
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1A
Original
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Published
for
Opposition
Registration
Number
Registration
Owner
1A
May 11, 1999
2267063
Date
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June 24, 1986
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C. MEYER ASSOCIATES,
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(LAST LISTED OWNER)
BLOOMINGTON,
MN., L.T.,INC. CORPORATION
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7989 I/2SOUTHTOWN
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IC 042. US 100 101. G & S: Computer consultation,
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for others, Computer
services,
namely, creating, designing,
implementing
and maintaining
web pages and web sites for
others; Installation
of Computer
software, Up-dating
of Computer
software, Computer
software design for others, Computer systems analysis,'Computer
time-sharing
services,
Hosting the web sites of others on a computer server for a global computer network,
Integration
of computer systems and networks, maintenance
of computer sottware,
Registration
of domain names for identification
of users on a global computer network.
FIRST USE: 20000210.
FIRST USE IN COMMERCE:
20000210
Mark
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Code
Serial
Number
Filing Date
Current
Filing Basis
(1) TYPED
76023983
April 13, 2000
1A
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1A
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Published
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April
Opposition
Registration
Number
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3, 2001
2463713
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June 26, 2001
Owner
(REGISTRANT)
Informatics,
Cedar Rapids IOWA 52403
Attorney
Record
of
Inc. CORPORATION
1372 Norwood
Drive SE
Frank E. Osako
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE
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IC 035. US 100 101 102. G & S: retail store and mail order
catalog
services
in the field
of home furnishings
and accessories,
namely, furmture, housewares,
clothing,
stationery, pens, books, pillows, jewelry, doLls, footwear, tableware,
leather goods,
sundries, toys, bedding and blankets. FIR.ST USE: 19880615. FIRST USE IN
COMMERCE:
19880615
Mark
Drawing
Code
(I)TYPED
Serial Number
75244656
Filing Date
February
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1A
Published
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November
Registration
Number
2134423
Registration
Date
February
Owner
Assignment
Recorded
DRAWING
20, 1997
1 I, 1997
3, 1998
(REGISTRANT)
Edward Street,
ASSIGNMENT
CINNAMON
ROLL, INC. CORPORATION
P.O. Box 382 Sparldll NEW YORK 10976
NEW YORK
39
RECORDED
1/15/2004
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ROBERT
L EPSTEIN
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A TWIST
IC 008. US 023 028 044. G & S: hand tools for treating fibers, yams and tissues,
namely, carding mills, brushes, combs, combers, carders, felting tools in the nature of
felting blocks used to agitate fibers in the felting process, spinning wheels, spinning
tops, spinning sticks, hand spindles, bobbins, niddy noddys, lazy kates, ball winders,
umbrella swifts, reels, spools for lace work, spool pillows for lace work, crochet-pins,
weaving frames, warping mills, warping boards and weaving looms and parts thereof,
namely, heddle flames, heddle reeds, reed dents. FIRST USE: 20010606.
FIRST USE
IN COMMERCE:
20010606
IC 042. US 100 I01. G & S: engineering
and consulting services in the fields of
meteorology,
climatology,
data analysis, mechanical
engineering,
heating, ventilation
and air-conditioning
systems. FIRST USE: 19980600. FIRST USE IN COMMERCE:
19991000
Mark
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Code
(1) TYPED
Serial
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75926189
Date
February
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DRAWING
Basis
Original
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Published
24, 2000
1A
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Opposition
September
Registration
Number
2687008
Registration
Date
February
Owner
(REGISTRANT)
Country
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i
Brent
11, 2001
1I, 2003
Things
With A Twist, Inc. CORPORATION
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MINNESOTA
MINNESOTA
3555
55352
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HEARING
Mark
Cannier
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IC 042. US 100 101. G & S: Hearing screening and evaluations
and hearing aid
evaluations.
FIRST USE: 19980310. FIRST USE IN COMMERCE:
19980310
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Serial
Number
75848990
Filing
Date
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1A
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DAVID
Suite 400 KANKAKEE
ILLINOIS
60901
R STALLTER
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IC 035. US 100 101 102. G & S: retml gift store services.
FIRST USE IN COMMERCE:
19980731
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GIFTS
FIRST
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19980731
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1, 1999
6, 2001
2454770
Date
Assignment
Reeorded
Attorney
Record
PERSONALIZED
May 29, 2001
(REGISTRANT)
Things Remembered,
Inc. CORPORATION
Avion Park Drive Highland Heights OHIO 44143
ASSIGNMENT
of
Prior Registrations
Richard
DELAWARE
5500
RECORDED
J Minnich
1022232;1185199;1305481
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NO CLAIM IS MADE TO THE EXCLUSIVE
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GIFTS" APART FROM THE MARK AS SHOWN
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IC 035. US 100 101 102. G & S: Promoting
the consumer products of others, namely,
audio, video and interactive merchandise,
books and publications
through the
administration
of an incentive awards program. FIRST USE: 20020100. FIRST USE
IN COMMERCE:
20020100
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Mill Creek Associates, Inc. CORPORATION
North Main Street Ambler PENNSYLVANIA
19002
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TIMOTHY
SERVICE
DELAWARE
289
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IC 037. US 100 103 106. G & S: INSTALLING
Drawing
Serial
Number
(1) TYPED
75483450
May 12, 1998
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1A
Original
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1B
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March
2, 1999
Registration
Number
2352596
Registration
Date
May 23, 2000
Owner
(REGISTRANT)
CALIFORNIA
of
FULLY
AND FISH
19990726
DRAWING
Filing Date
Attorney
Record
AND MAINTAINING
EQUIPPED,
STOCKED
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ACQUAR/UMS
TANKS. FIRST USE: 19990726. FIRST USE IN COMlvlERCE:
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MARC
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IC 042. US 100 101. G & S: designing computer hardware
and software programs
others and providing technical
service support for telephone
call identification,
monitoring,
management
and pa_png applications.
FIRST USE: 19970915. FIRST
USE IN COMMERCE:
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Serial Number
75421948
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2294016
Registration
Date
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Attorney
Record
23, 1999
(REGISTRANT)
TriVium Systems Inc. CORPORATION
Canyon Court Suite 104 Portland OREGON 97221
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OREGON
6441 S.W.
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FAVORITE
THINGS
IC 024. US 042 050. G & S: Curtains, draperies, fabric window valances, bed sheets,
pillowcases,
comforters,
pillow shams, dust nifties, towels, wash cloths, shower
curtains. FIRST USE: 19981215. FIRST USE IN COMMERCE:
19981215
IC 021. US 002 013 023 029 030 033 040 050. G & S: Ceramic toothbrush holders,
tumblers, lotion bottles sold empty, plastic wastepaper
baskets, and todet brush
holders. FIRST USE: 19990125. FIRST USE IN COMMERCE:
19990125
IC 027. US 019 020 037 042 050. G & S: Bath rugs and throw
19990125. FIRST USE IN COMMERCE:
19990125
Mark Drawing
Code
(1) TYPED
Serial Number
75418101
Filing
January
Date
Current
Basis
Filing
Original
Basis
Filing
Published
Opposition
Registration
Number
Registration
for
rugs
FIRST
USE:
DRAWING
14, 1998
1A
1B
January
25, 2000
2444700
April
17, 2001
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Owner
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Springs Industries, Inc. CORPORATION
205 N. White Street Fort Mill SOUTH CAROLINA
29715
Assignment
Recorded
Attorney
Record
ASSIGNMENT
of
FORREST
TRADEMARK
Register
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CAROLINA
RECORDED
M EMERSON
Type of Mark
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DVD.
IC 035. US 100 101 102. G & S: providing in_formation for prospective
purchasers
regarding DVD related news and reviews via a global computer
network. FIRST
USE: 19970501. FIRST USE IN COMMERCE:
19970610
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753895O8
Filing Date
November
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1A
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Filing
Published
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DRAWING
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1A
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15, 1998
Registration
Number
2242610
Registration
Date
May 4, 1999
Owner
(REGISTRANT)
Sand Dune Enterprises,
Inc. CORPORATION
MASSACHUSETTS
270 Cornmunicat_ons
Way Unit 4A Hyannis
MASSACHUSETTS
02601
Type of Mark
SERVICE
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PRINCIPAL
MARK
Live/Dead
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040702
Serial Number
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Filing Date
February
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Registration
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Owner
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6, 1998
(REGISTRANT)
Advantage Medical Equipment & Supply, Inc. CORPORATION
INDIANA
130 West Carmel Drive Carmel INDIANA 46032
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IC 035, US 100 101 102. G & S: retml store services featuring antiques and
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stones and other antique items. FIRST USE: 19951014. FIRST USE IN
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20, 1998
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10011
Type of Mark
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LIVE
Church of Bible Understanding
DBA Olde Good Things
PENNSYLVANIA
124 West 24th St New York NEW" YORK
MARK
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1B
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July 22, 1997
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Date
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1 I, 2000
(REGISTRANT)
UNIVERSAL
CITY STUDIOS,
DELAWARE
100 Universal City Plaza Universal
Assignment
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and gift store services.
19990327
75214551
Filing Date
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& THINGS
ASSIGNMENT
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INC. CORPORATION
City CALIFORNIA
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THINGS
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IC 035. US 100 101 102. G & S: management
assistance
19960126. FIRST USE IN COMMERCE:
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FIRST
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engineering
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design, urban and regional
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protection. FIRST USE: 19960126. FIRST USE IN COMMERCE:
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Serial
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Filing Date
Current
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September
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Original
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Published
Opposition
Registration
Number
27, 1996
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1A
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April 7, 1998
Owner
(REGISTRANT)
Roy F. Weston, Inc. CORPORATION
Way West Chester PENNSYLVANIA
193801499
Assignment
Recorded
ASSIGNMENT
Attorney
Record
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AUSTIN
PENNSYLVANIA
1 Weston
RECORDED
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19931006. FIRST USE IN COMMERCE:
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Serial
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Date
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Original
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27, 1992
April6,1993
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1833525
Date
April 26, 1994
Owner
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SCIENCE SERVICE, INC. CORPORATION
1719 N Street, N,W. Washington
D.C. 20036
Attorney of Record
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A. STATTON
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YR.
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SECT
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SNAKES
& THINGS
Goods and
Services
IC 042. US 101. G & S: [ RETAIL STORE SERVICES,
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CATALOG
MA/L ORDER SERVICES,
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(3) DESIGN
LETTERS,
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261725
Serial Number
74293120
Filing Date
July 10, 1992
Current
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IA
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113
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May 11, 1993
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CHANGE
IN REGISTRATION
HAS OCCURRED
Registration
Registration
Number
1851011
Registration
Date
August
23, 1994
Owner
(REGISTRANT)
Pamela Drake
CORPORATION
CALIFORNIA
CALIFORNIA
94710
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE
FROM THE MARK AS SHOWN
Description
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TRADEMARK.
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PRINCIPAL
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Text
RIGHT
TO USE "SNAKES"
APART
The mark consists of the words "SNAKES & THINGS". The design portion consists
of a stylization of a snake. The stippling is used to show contrast and is not a feature of
the mark nor is it intended to represent any particular color.
Type of Mark
Affidavit
Imports, Inc. DBA Snakes & Things
g01 VIRGINIA
STREET BERKELEY
SERVICE
MARK
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A ZILLION
Goods and
Services
IC 042. US 101. G & S: retail store services featuring books, magazines,
video and
audio cassette tapes and other formats, computer software,
stationery, games, toys and
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Registration
Date
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NEAT
THINGS FOR KIDS
DRAWTNG
19, 1991
11, 1992
3, 1992
Owner
(REGISTRANT)
Children's Concept, Inc. CORPORATION
PENNSYLVANIA
E. Lancaster Avenue Wyrmewood
PENNSYLVANIA
19096
(LAST LISTED
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Affidavit
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Text
19406
RECORDED
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SECT 15. SECT 8 (6-YR).
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GOOD
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IC 042. US 100. G & S. SOIL AND PLANT TISSUE ANALYSIS
LABORATORY.
FIRST USE: 19860715. FIRST USE IN COMMERCE:
19860715
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Number
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Owner
DRAWING
31, 1987
1A
February9,
I988
1487221
Date
May3,
1988
(REGISTRANT)
TERRA INTERNATIONAL,
DELAWARE
TERKACENTRE600
FOURTH
51101
Assignment
Recorded
Attorney
Record
FOP, THE LAND
73681369
Filing Date
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THINGS
ASSIGNMENT
of
JOSEPH
INC. CORPORATION
STREET SIOUX CITY IOWA
RECORDED
J. PREVITO
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MARK
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GOOD
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IC 042. US 101. G & S: RETAIL AGRICULTURAL
PRODUCTS
SERVICES.
FIRST USE: 19860715. FIRST USE IN COMMERCE:
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Serial Number
73677159
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August
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Number
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DRAWING
7, 1987
1A
IA
January
26, 1988
1485719
Date
April
19, 1988
Owner
(REGISTRANT)
TERRA INTERNATIONAL,
DELAWARE
TERRA CENTRE 600 FOURTH
51101
Assignment
Recorded
ASSIGNMENT
Attorney
Record
of
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OUTLET
19860715
JOSEPH
SERVICE
INC. CORPORATION
STREET SIOUX CITY IOWA
RECORDED
J. PP, EVITO
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SECT 15. SECT 8 (6-YR).
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FOOT & THINGS
IC 042. US 101. G & S: RETAIL WEARING
APPAREL
AND SPORTING
GOODS STORE SERVICES.
FIRST USE: 19740401. FIRST USE IN
COMMERCE:
19740418
Mark
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Drawing
Serial
Number
73425922
Filing
Date
May 16, 1983
Current
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Published
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Registration
Number
(I) TYPED
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1A
October
15, 1985
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Registration
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SPORTING
Goods and
Services
system resources
7, 1986
(REGISTRANT)
INDIV1]gUAL
of
DONALD
HAFFER, MYLES T. DBA SPORTING
FOOT & THINGS
UNITED
STATES
19 EAST 7TH ST. CINCINNATI
OHIO 45202
F. FREI
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE
APART FROM THE MARK AS SHOWN
Type of Mark
SERVICE
RIGHT
TO USE "SPORTING"
MARK
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TI-[INGS REMEMBERED
(EXP/RED) IC 037. US 100 103 106. G & S" [ SCISSOR SHARPENING
USE" 19720208. FIRST USE IN COMMERCE:
19720208
]. FIRST
IC 040. US 106• G & S: ENGRAVING,
EMBOSSING,
EMBROIDERY,
MONOGRAMMING
AND PLASTIC LAMINATING
PERSONAL
ITEMS
OTHERS. FIRST USE: 19720208. FIRST USE IN COMMERCE:
19720208
IC 042. US 100. G & S: KEY
IN COMMERCE:
19720208
Mark
Code
Drawing
Serial
Number
73004835
Filing
Date
October
(I) TYPED
Current
Basis
Filing
1A
Original
Basis
Filing
1A
Registration
Number
1022232
Registration
Date
October
DUPLICATING
FIRST
USE:
19720208.
FOR
F/:RST USE
DRAWING
29, 1973
7, 1975
Owner
(REGISTRANT)
COLE NATIONAL
CORPORATION
5777 GRANT AVE. CLEVELAND
OHIO 44105
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CORPORATION
OHIO
1/15/2004
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(LAST LISTED OWNER) THINGS REMEMBERED,
INC. CORPORATION
ASSIGNEE
OF DELAWARE
5340 AVION PARK DRIVE HIGHLAND
HEIGHTS
OHIO 44143
Assignment
Recorded
Attorney
Record
ASSIGNMENT
of
RICHARD
Type of Mark
SERVICE
Register
Affidavit
PRINCIPAL
Text
SECT
RECORDED
Jr.
MINNICH
MARK
8 (6-YR).
Renewal
1ST RENEWAL
Live/Dead
Indicator
LIVE
19960828
HOME [ INDEX I SEARCH I SYSTEM ALERTS I BUSINESS CENTER I NEWS&NOTICES I
CONTACT US [ PRIVACY STATEMENT
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Un=ted States Patent
•
,,
_
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.
_
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Drawing
Word Mark
SWEDE
THINGS
Goods and
Services
IC 035. US 100 101 102. G & S: retail gift store services and retail mail order
services featuring gifts. FIRST USE: 19860300. FIRST USE IN COMMERCE:
19860300
Mark Drawing
Code
(I) TYPED
Serial Number
76405963
Filing
May I0,2002
Date
Current
Basis
Filing
IA
Original
Basis
Filing
IA
Published
for
Opposition
Registration
Number
Registration
Attorney
Record
28, 2003
2709055
Date
Owner
January
DRAWING
April 22, 2003
(REGISTRANT)
307 Washin_on
of
Norman
Swede Things In America, Inc. CORPORATION
Street Mall Cape May NEW JERSEY 08204
NEW JERSEY
E. Lehrer
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE
APART FROM THE MARK AS SHOWN
Type of Mark
SERVICE
RIGHT
TO USE "SWEDE"
MARK
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7.52
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Page 1 of 4
UNITED
SERIAL
STATES
PATENT
AND TRADEMARK
OFFICE
NO" 78/975330
APPLICANT.
Pet Food Centers, LLC
CORRESPONDENT
ADDRESS"
Timothy D. Pecsenye, Esquire
Blank Rome LLp
One Logan Square
Pluladelphaa PA USA 19103
MARK.
RETURaN ADDRESS.
Commlsslonerfor Trademarks
2900 CrysL_Drive
Arlington, VA 22202-3514
PLAY THINGS
CORRESPONDENT'S
REFERENCE/DOCKET
NO
N/A
Please provide m all correspondence
1 Ftlmg date, serial number, mark
and
applicant's name
2 Date of this Office Action
3 Examining Attorney's name and
Law Office number
a Your telephone number and e-marl
address
CORRESPONDENT
EMAIL ADDRESS:
pecsenye@blankrome
corn
Senal Number
78/975330
TO AVOID ABANDONMENT,
WE MUST RECEIVE
A PROPER
RESPONSE
TO THIS OFFICE
ACTION WITHIN 6 MONTHS
OF OUR M_kILING OR E-MAILLNG DATE.
FOR INQUIRIES
OR
QUESTIONS
ABOUT THIS OFFICE ACTION, PLEASE CONTACT
THE ASSIGNED
EXAMINqNG
ATTORNEY.
FINAL
This letter
amendment
ACTION
responds
to the applicant's
commumcatlon
allegmg use filed on November 20, 2003
filed
on
March
11, 2004
and
apphcant's
The apphcant's
amendment
alleging use is acceptable and has been entered into the record
Appheant's
request to divide the apphcahon
has also been accepted and the current apphcatmn
seeks registratmn
for
the wording "PLAY THINGS" solely on "pet treats "
DESCRIPTIVENESS
RegJstratmn
was refused under Trademark
Act Sechon 2(e)(l),
15 U S C. Section
1052(e)(1),
the subject matter for which regastratmn
is sought is merely descnptlve
of the identified goods
The examining
attorney
has considered
the applicant's
arguments
unpersuasive
For the reasons below, the refusal trader Section 2(e)(1)
The applicant has alleged use of its mark "PLAY
examining
attorney previously
enclosed a definition
file'/A\ticrs-
ais-01 \ticrse:¢p ort\HtmlTo
carefully
but has found them
is maintained
and made FINAL
THINGS"
on goods identified
of the tern1 "pla-_ing"
which
12 14 21 05
]
A - 147
because
as "°pet treats " The
means "something
to
WS191
1/12/2006
Page 2 of 4
play with; a toy."
The Amertcan
Hentage®
Dlctlonary
ed., 1992).
The examining
attomey submits addxtxonal
The
Cambridge
Advanced
Learners
Dictionary,
www.dactionar¥,
cambridge
org.
of the Enghsh
Language
EIectromc
Version
(3 rd
definitions
of the term from Bartelby corn and
Cambridge
Umversity
Press
2004,
at
The applicant argues that its mark is not the word "PLAYTHING"
,and that it made the "crucml decision
in separating
its mark into two components,
very dehberately
creating a composite
mark from two
separate components,
each of which speaks little or nothing of the features of the _dentified good_ "
Applicant's
Response at p i0 Regardless
of the apphcant's
decision, the immedaate mlpression created
by the two terms "PLAY THINGS"
is that of "things"
or objects to "occupy oneself m amusement,
sport, or other recreation "H1 The applicant points to the myriad of other defmmons
of the terms to
support its contention
that the terms are "ambiguous"
when considered
on their own
The examlmng
attorney must consider descriptiveness
in relatmn to the relevant goods or services.
The fact that a term
may have different meanings
in another conte_ is not controlling on the question of descriptiveness.
In
re Bright-Crest,
Ltd., 204 USPQ 591 (TI'AB 1979). TMEP §1209 03(e)
When considered
together as
shown in the mark for which registration
is sought, the wording "PLAY THINGS"
mmledlately
conveys
the impression of"tbangs to play wxth."
A mark which combines
descriptive
terms may be registrable
if the composite
creates a umtary mark
with a separate, nondescnptive
meaning.
In re SunMtcrosystems
lnc., 59 USPQ2d
1084 (TTAB 2001),
In rePutmanPubhshmg
Co., 39 USPQ2d 2021 (TTAB 1996), In re Copytele Inc, 31 USPQ2d
1540
(TTAB 1994); In re Entenmann's
Ine, 15 USPQ2d 1750 (TFAB 1990), aff'dper
curtam, 928 F 2d 411
(Fed Cm 1991), ]n re Serv-A-Portlon
Inc., 1 USPQ2d
1915 (TI'AB 1986), In re Wells Fargo & Co,
231 USPQ 95 (TTAB 1986), In re Ampco Foods, Inc., 227 USPQ 331 (TrAB
1985). TMEP §1209 03
(d)
In the present case, there is no nondescnptive
meaning
conveyed
apart from the commonly
understood
dictionary
definitions
of the term
"PLAY,"
the term
"THINGS,"
or the term
"PLAYTHING"
The examining
attorney encloses copies of fourteen pages from the World Wide Web
utilizing two independent
terms, namely the phrase "PLAY THINGS," to mean "playthings"
or "things
with which to play."
The apphcant
has also responded
to the refusal by arguing that the mark is not descriptive
under the
appropriate standard of law and that the previously
submitted evidence is devoid of the wording "PLAY
THINGS " The prevmusly
submitted
evidence
related to the use of pet treats and pet toys m
conjunction
with one another
in order to estabhsh
the descriptive
nature of the wordmg
"PLAY
THINGS"
m relation to pet treats as something
for pets to play with
The lack of the exact wording
"PLAY THINGS"
in any of that evidence does not render the wording any less descnptwe
for goods
identified as "pet treats," given that pets occupy or amuse themselves
wah treats just as they m_ght with
toys, with the exception being that treats are fit for consumption
whereas toys are not The commonly
understood
definition
of the term "treat" meaning "a source of a special delight or pleasure,"1
could
include something that provides amusement
or entertainment
The examining
attorney
encloses
copies of five pages from the Internet featunng
on-line pet supply
retailers who categorize 1terns such as rawhide strips, compressed
bones, jerky and edible chews as "pet
treats."
Such objects are within the scope of objects intended to amuse or occupy pets and m some cases
are even found under the category "toys and treats " Thus, it is more than likely that pet owners would
immediately
understand
that treats bearing the wording "PLAY THINGS"
feature such a use or purpose
and could be characterized
as a "plaything
"
Finally, the applicant
includes
copies of numerous,
but irrelevant,
third party registrations
featuring
either the term "PLAY"
or the term "THINGS"
registered
for a variety of goods and services,
some
having to do with toys, but many having no connectmn
whatsoever
(for example, Reglstratmn
No.
file./A\ticrs-nas-O
01
l \ticrsexport\HtmlT
A-
148
12 14 21 05
WSI91...
1/12/2006
Page3 of 4
1,487,221
for the mark"GOOD THINGSFORTHE LAND" for usem connectionwtth "soil andplant
tlssueanalysislaboratory"and 1,485,719"retail agrxculturalproductsoutlet" servicesandRegistration
No 1,022,232 for "THINGS REMEMBERED" for "engraving, embossing, embrmdery,
monogramming
andplasticlaminatingpersonal_temsfor others" and "key duphcatmg" services)
Third
party
use
of the terms
independently
is of no relevance
to an maalys,s
of the
descrtptweness
of the
umtary wording
"PLAY THINGS"
found m the apphcant's
mark
When considered
together,
m the
present order of the word "PLAY"
before the term "'THINGS,"
the impression
created lmmedxately
conjures the commonly understood
definition of the telan "playthings."
No nnagination
or mental leap
is necessary to understand
the class &goods
included are "things to play with "
As the applicant's
mark is merely
descriptive
as applied to the goods, the refusal
Register under Section 2(e)(1), 15 U.S.C Section 1052(e)(1), ts made FINAL
on the
Pnnciple
RESPONSE
If applicant fads to respond to this final action within six months of the mailing date, the applicatmn
be abandoned
15 U.S C §1062(b),
37 C F R. §2 65(a). Apphcant
may respond to ttus final action
will
by
(1)
submitting
a response
that fully satisfies
all outstanding
requirements,
if feasible (37 C F R.
§2.64(a)); or
(2) filing an appeal to the Trademark
Trim and Appeal Board, with an appeal fee of $100 per class
(37 C.F.R §§2 6(a)(18) and 2 64(a), TMEP §§715 01 and 1501 et seq, TBMP Chapter 1200)
In certain circumstances,
a petition to the Director may be filed to review a final action that is linuted to
procedural
issues, pursuant
to 37 C F R §2.63(b)(2)
37 C.F R §2 64(a)
See 37 C F R §2 146(b),
TlvIEP §1704, and TBMP Chapter
1201 05 for an explanation
of subject matter properly considered
on
petition.
The petition fee is $100
37 C F R §2 6(a)(15).
If the applicant
has any questions
or needs
telephone the assigned examining
attorney
assistance
Jennifer
in responding
to this
Office
(703) 308-9115 x117
(703) 872-9208 FAX
] elmifer.chlc oska@uspto
Attorney
gov
12 14 21 05 WS191
A-
please
D. Chicoski
Trademark
Examining
Law Office 115
file'/A\ticrs'ais-01\ticrsexp°rt\HtmlT°_I
action,
149
1/12/2006
ON;CO_t_WOR_SiUniversitq Alliance
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- De_rees Online:
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[ Dktionar) I Thesau;us[ QuotationsI EnglishUsage
c ...........................................................................................
Reference > American Hentaq_e-_ > Dmtlonary
< Nay therapy
_
}
CO_T_TS :NDFL'CI_USTi_AT:ONS B:r_UOORAPmC'RECOP_
The American
Heritage
® Dictionary
of the English Language
:Fo:_th Ecttt_on
2000
plaything
SYLLABICATION
PRONUNCIATION
NOUN
play.thing
_1 p:'th:ng'
1. Something
CONTENTS
to play imth, a toy
2. One treated
INDEX" ILLUSTI_a.TIONS
as a toy' a pla},thtng
offate
BIBLIOGRAPHIC RECORD
( 9lay therapy
_
Chck here to download the Oichonary and Thesaurus
_,,,r
,vv,c
__.__=
......... ...................@
_ ......
,...............
,
Chck here to shop the Bartleby Bookstore
Welcome
Press
AdvedlSln_
_
TermsofU_e
A-151
_,2004eadleb¥oom
>
,/
Page 4 of 4
How to respond
to this Office
Action:
To respond
formally
usmg the
http :/iwww.uspto.gov/teas/index.html
Office's
Trademark
Electronic
and follow the lnstructmns.
Applicahon
Syslem
(TEAS),
visit
To respond formally via regular mall, your response should be sent to the malhng Return Address hsted
above and include the serial number,
law office and exammmg
attorney's
name on the upper right
comer of each page of your response
To check the status of your applicatton
at any time, visit the
Registratmns
Retrieval (TAILR) system at http:/Itarr.uspto.gov/
For general
and other useful
information
about trademarks,
Office's
Trademark
you are encouraged
Apphcatlons
and
to visit the Office's
web
site at http://www.uspto.gov/main/trademarks.htm
l[_The American
Houghton
Herlfage_
Mifflin Company
dlstr_butfon restncted
file.//\\ticrs-als-01
Drc_lonary
Electromc
m accordance
\t_crsexport\HtmlTo'
of the English
version
Language,
Thwd Edrtton copyright
hcensed from INSO Corporation,
wrth the Copyright
Law of _:he Untted States
1 12
A-
150
further
© 1992 by
reproduction
and
All rights reserved
14 21
05 WS191
1/12/2006
Cambridge Advanced
Learner's Dictionary
Search
I......................................
ilium
,We pubhsh d,ctlonaries
for people
learning Engh_h all around
the
, world
Findoutmore,,,
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French / Enghsh
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/ English
d,_'on6r;_j
Definition
plaything
[Sho_ p_on_,_,]
noun [c]
I an object used for pleasure or amusement,
such as a chdd's toy:
l keep all the children's p!aythmgs
m that b_g cupboard.
_L_mous_nes end yachts are the/playthings
of the rich, "he sa_d
e'lStTOSstvely.
2 someone
who is' considered
or treated
w_thout
things for someone etse's pleasure or benefit:
These men's magazines just treat women
(from
Cambnclqe
Aduanced
Learner's
_Top SO Words 2003
_Cambndge LeaPner's Dmctlonary
Compet_tmon
_Cambndge Internabonal
Corpus
Unmvers_ty
Press
2004,'
and forced
to do
as/playthings.
D_d:ionary)
See also,.,
Cambridge
respect
PrI','aqy
Resources
I, Online Activities
and Worksheets
_,Cambndg e English Language
Teachmg
_Data for language researchers
Pohcy
A-
152
o_
Premium
_
rrg_EE
COLORE
LFLIPPHOI
DlcUonaP/-_
Get
3 entries
found
the Top
10 Most
Sites
Popular
for
"playtkua_"
for plaything.
:xpEess
r'i
,_OUl_elt_
_tc
_]arth_g
c_
Pronunciation
Key
I
Something
2
One
(p_th2'ng
to play
treated'as
*)
with,
a toy
a toy
aplaythzng_
of fate
[l:_ownload or hue NoW]
Source.: The/_mencan
Heritage®
Otc_Jonary of _he Enghsh
Copyright
@ _000 by Hough#on Mrffl_n Company.
Pubhshed
by Houghton
Phfflm Comr_any
A# rights resertt_
Language,
Fourth
Edrbo/_
phyth_lg
\Play'thmg'_.
n
A ohd.d knowe
age
A flung
to play
h_s nurse,
and
wtth,
by
a toy-, anything
de_'ees
the
that
serves
playthings
to amuse
ot_ a httte
more
advanced
--Locke
u_*
Webstar'x
Revt_ad
Unabr_ged
Otc_,c_ary_
_ I996,
i998
MICRA,
[nc
ptayedng
n
an artafant
WordNe_
_Perform
to be played
destgned
a new
® 1,6_ © Zgg7
searph,
Pnneaton
ortry
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10 most
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"plaything"
ores
and magazines
results
messages
back
to 1981
for defimt¢ons
for synonyms
and
and
antonyms
look up words
Capynght
© 2004, Lezmo Pubh_hlno
Gtouo. LLC All rights
About Dtdoonar_ c_rn I Privacy Pobcy I TeTras of Us_ I _
from
any program
resarved
I _
A-
153
i
- FREE downloadt
I
i F--7
House
& Home
> Pet Supplies
36 Galvarazed
Portable
Exerc,se
Pen
Jumbo
> Toys
Tenras
Tu_er
N Roll Dog Play Toy
6 Teaser
K,tW Playground
Ball Dog play Toy
Dog Toy
Structure
KltW Scratch
Structure
N Hoop
8 Romp i7 Boil Dog Play I%y
Adtustable
Het_t
Dou_ble Diner
Kookamur_a
Catmp
Large
Cat l_a_wAy Tree
D_.RKDlsh
Automatic
Large
Jr
Deluxe
Large
Fasbaon
6 Tug N Toss ]Jog Play Toy
Cat Deh Dome
Ball N Bone
t4
B_ Mean,Klb:y
Black Explorer
Dog T_y
2 Gallon Starter
._anum
Play
_
Portable
Pet Kennel
Dog 3 Pmce
Large Kozy
Portable
Pet Career
Leash Large
Black Walkabout
Large Stainless
Pet BoM
Retractable
Pet
Large Talk to Me Paw
Treat Ball
Retractable
Pet
Large
Large
Black
Walkabout
Leash
Small
Blue Explorer
2.Galloi_
Blue Soft Store
Stor:_e
Starter
Collapstble
25 lb
Container
Leash
50 LB.
Tra&tlonal Pet Kennel Cab
Wifely C-_elv Dog Bone
Litter Locker
Plus Disposal
Litter Locker
Refill Carmdge
Llttermmd
System
12 pk Waste
Lt_ermmd
Cat l:;rivacg
Tent
Pet
Llttermmd Self Cleaning Litter Box
Medium Deluxe Portable Van
Retractable
Pet
Meckum
Fasbaon
Ceramic
Medium
Medium
Koz,/Portable
Pet Career
Tra&ttonal Pet Kennel
Kennel
California
I(ittsrYC ondo
Carpeted
Cat Scratct'm_
Medium
Posts
and Perch
Cat Spa Actsnty.,Cefitef
Clhol Wheeled _etCarrier
Jr
Pet Kennel
Wire Dog
Cab
Home
Rope
Dog play Toy
Na_ral
Oatmeal
One Hand Release
Gate
Oster P_et Clipper
P_n_e Mouse
vath Variable
Colossal
Parakeet
Do_ TOy
Crate
Me,_a Tmz,_s Ball Dumbbell
wTele_c opic Lo dkina Handle
Cockatiel
Starter Kit
Jack
Self Clearmag
Cab
Plaything Dog Toy
Starter Kit
Phsh
Activated
Retrac'table
Bone Shape_ Embossed
Twin Set D6g, Dish
Cat Post
Cup
Lttf6i-rrimd Mesa
L_tter Box
Small
Cat Burglar
Cat Owner
Sucaon
Pet
Medium
Blue Walkabout
Steel
Receptacles
Blue Soft: Store Collapglble
StSr_,_e'Container
Biue Nalkabout
Retractable
Leash Large
Blue Walkabout
Cab
Happy
Pet
Medium
Kennel
Large Kor_
Se___A
Retractable
Leash
Pack
Van
Walkabout
Leash
& Treats
K:tW Barn Play Structure
6 Romp
Black
-;,
Sharn_voo
Deluxe
Set
Interactive
Speed
Starter
Pet
K_t
Cat Toy
A - ] 54
>
Covered
<2at Litter
_g,an
Pet I"ood Ytora_e
C:ontamer
CntterTrml
Value Pal: Fur: neI Tube Pet Pooper
Accessory
CntterTr_
tZit
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Cuddle N Cm'rq/ Pet Basket
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Dog Tie Out Stake
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DeTm_,e,ler Dog Tie Out .Stake w 16Portable
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t3
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23
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hamster
food
Learn
how
to
petsl
Copyng_ 2002 _y Pa_Wlse,
-_
I
_k=mmers.
=tP
as pets
Descnptlon'
care
enjoy
type of rodent
Even if your cat is
is still not safe unless
you are nght
charm,ng
their
Hamsters
also enjoy playing
your hamster
and create
It would be easy for a dog to play
harm or kdl the hamster.And
cats are
interaction
to keepan
are
combing
especially
hamsters
you
around
of any
hamster
A" ,n at,. hamsters
that
home,
natural enemies
declawed,
your
with
eye
=umps
a
up reside
let them
to superwse.
accidentally
FiItrat=on,
lots
when brushing
him
and wLII somebmes
squeak
often,
love to run in wheels,
You'll also see
they feeJ secure
I
itself.
Actwe,
him to run
hamsters
themselves
bathes
Ac;uarium
shape.
hamster
gently,
especially
a soft bnstled
baby brush
wiH groom
I
them
when
of safe thLngs for your hamster
to gnaw, he may decide to chew the furniture
Keep
supply of blocks and chew _;bcks on hand
to sat_£i_/ the urge to chew
You will a_so
help the
Caae
'ncetooll
well
{)nlfne
especially
for
Pie
3ompare pnces on
=et Supplies at
cute
love
J
_uinea
alfalfa
finJ_ts are
they
Hamsters
at
Deals at
31zRate c0mf
_lzP_t_ ¢om
the ball Always make
the ball every
day to be
that your hamster
will take pteces of food and stick
have scratchy
pouches
in their cheeks
that
expend
grains
Compare Pnces
40,000 Stores
Fred the Best
Some cages
sides of the
liked, too
You may notice
Inside his oheeksl
Hamsters
insert
G_ulnea Plu Caae
to
day
hamster
seed
have
of thebotUe
ball Is in the end of the tube and the hamster
dnnks by hckmg
sure that the water
bottle
[s full of fresh,
clean water.
Check
certain
pet store
every
day
won't
smell
and havea
steel,
aluminum,
ec_hcv_v_ o4_esbydedgnDon
also house
Provide a hamster
dnnklng
bottle--you
can find these
at any pet stere
come with water
bottles
already installed
These bottles
hang from the
cages,
slalnless
Whichever
type
of home you
shevlngs
covenng
the floor
your hamster
sick Ask the
Clean out the old bedding
the cage
8v Desi(m
Largo
b=rd
cages
andacc0ss0ries
......
A r
174
lr_:
Mark'
Your
Territory
Industry
June
By
North
by
.America's
pet
by
pet
supplies
2.007.
Pet
services
will
owners
for
8.
that
the
reach
are
their
entrepreneurs
+s boomTn
predicts
industries
an
Pet
on
study
pet
released
care
billion
luxury
an|mats.
jump+ng
A
$8
demanding
companion
are
the
Campbell
Industry
MarketResearch.com
in
and
market
products
and
Savvy
board
to
meet
the
challenge.
In 2003,
AccordinE
the
American
Pet
How
to
Stark
Promote
and
a
Successfu|'
Ontine
Business
Rip,
(_mnc_r_.appma.
homes.
DVDs,
and
Burn
MLIsic
number
Not
has
only
we
Out-Google
your
competition.
to
Marketing
are
found
of
ten
reported
a pet.
In
64.2
in
of
m+[l]on
since
1992,
experts
s_nce
Director
Association
miUton
that
Industry
Increased
are
And,
are
more
hke
US
1993.
41%
bet+eve
In
of
this
then.
pets
pamper
we
that
wtth
as
members,
and
buy
with
feed
select
for
pets,
but
a member
we
them
services
foods
us tiring
our
family
6rooming
Smarter
of
regarding
companions,
Subscribe
pets
increase
StatsCanada
had
Vetere,
Managing
Manufacturers
and
_ames
of
g+fts
for
luxury
them
increasingly,
the
family.
our
animal
health
the
and
same
nutmtlous
ourselves.
Goo_te.
"People
sa.td
iSe|f
Cleanina
BizRate
ate
are
starttn6
Vetere.
_-
,Litter
o______._,
B x.x,
Compare
Prices
40.000
Store_
Fred the Best
Deals
at
etzP
is an
households
Edit
with
or_),
This
Canada,
to Bob
Products
at
couches
for
High
end,
cemf
corn
Fido
and
for
high
food,
one
is manufacturln_
guy
pets.
and
took
"Natural
He
luxury
market,
to
Fluffy
vitamin
can't
pet
doing
products
a
them
are
Think
food,
line
of
fast
toys,
des+gnat
enough."
indeed
hitting
Hallowe'en
special
wlth
products,"
enriched
make
_/eU.
along
quality
the
costumes
treats
for
for
furry
trick
II
and
Do 9 Bbarding
and Davcare
Cage Free 8.
slumber
pa_ty
sleeping
You're
pet's home away
from homel
_le_
|to
rf_L_la g_uuh
i_;e
treaters.
Think
Christmas
litter
pans,
container
cat litter
¢_thtLerfurnlture
will
clothes
for
eo
find
for
feeders,
to
toss
you
13_ardinq
It here-Onhne
pet
while
throwtnl_
a
in the
are
Kitty,
dog
of
the
self-cleaning
treadmtU
back
on
tap
cuddle
your
tennis
luxury
boarding
kennels
entertainment"
plUows,
you
Similarly,
couches,
Yellow
Pages
local Business
hsrel
turf
while
pamper
Ooq
Find
automatic
of
convenience
cabane_
AH-wood
$159
enclosed
cabinet
w/doors
& tray
5
models to choose
_w
stuffers
the
SUV
and
even
for
Fido's
road.
p3
You
_TBOX
stocktn8
their
fluffy
baUs
pet
are
to
pet,
protect
car
your
seats,
good
a shng
....
services
are
competing
four-footed
pillows
mats
guests
and
a VCR
In
demand.
Traditional
w+th
pet
wlth
heated
playing
hotels
that
floors,
"animal-
tapes.
Get
Info
ry
A-
175
treatments
:herapy.
like
Pet
psychics
shot
a
listen
to your animal's v0ca[izatt0ns
hidden
meanin_
Veterinary
meet
0f Ruffy's
clinics
consumer
expensive
provide
demands.
t_reatment,
It is a growing
as always,
you
co-owner
of
or E0ver's barks.
a wider
range
is now
great
Ou[ton
Focus
has ,more
on a niche
try
be
toys.
ways
to
advice
market
sofa,
Moreover,
services
for
purchasing
corn),
reports
that
couches
"Craft
at
test
things,
and
"Just
to
everybody,"
your
not
product
everyone
wit[
where
she
line
wilt
buy
promote
and
donate
to
get
don't
8o
your
expecting
for would-be
entrepreneurs.
and fred a unique
product.
many
in places
shops
companion
of designer
pet
into
production.
lower
your
specialty
people
are
bakeries
priced
gifts
and
products
already
and
"Don't
says.
to include
lower
spend
$800 on a
money
on luxury
pet items.
"We keep
the t'radltional
pet stores
and instead,
gtf.t
our
us are
)(v_.djpets.
everything
pet
of
Oulton
advises.
dollars."
It is wise
to expand
prtced
[terns.
While
custom
to
market
for Imaginative
entrepreneurs,
but
have
to do your
homework.
Julia
Oulton,
name out there,"
to make
a million
to
services
a very
a standard
component
of us are seekin 8 ho[istic
and more
our animals.
OJ Pets
are
of
available
become
More
she test-marketed
her Hne
craft
markets
before
going
markets
the
meows
Chemotherapy,
animals,
and dentistry
has
of the vetertnar_
practice.
veterirhary
treatment,
health
insurance
for
and interpret
our
we
day
or
spending
products
approach
cares,"
out of
the
Ou[ton
explains.
One
last
piece
huge
sum of
few
thousand
yourself
of
advice
took
or
industry
as well.
servtces
(ww_r.
Ih.tereste'd
or 15idnt
provided
can
promote
in publishing
:_
need
a
for
Plans,
"Beginners
Wrtttn
8 by Nlghtcats
Business
Guide
to
such
,Jets
Proposals,
webslte
your
JV
Ecommerce".
Multimedia
corn
A - 176
for
own
corn).
ezlne,
ebook
I
not
programs
In your
Business
Home
affihate
tkilsarti.cte
I_o-cost
cats.
their
This article
is avadabie
t;he lnfo
box below.
How to Write
Business
Contracts,
Morel
night
will
(_r_r.
ilnkshare,
com),
¢31.corn)
and Associate
asso¢iateprograms,
pubhcatlon?
you include
ww_r.
you
offers
opportunities
Those
without
as those
found
at Linkshare
Commt'sslon
Junction
(_r.
Programs
Oulton:
professional.
The booming
pet
Internet
marketers
products
from
money
to 6et started,
but you will
need
do[tars
t.o get launched
and to make
Productions
use
a
ING
DI
RECT
Save Your N0ney
member
Toys
Simple
Your
for
Items
Bunny
Pe t
Rabbits
to
Active
Prevent
Boredom
and
Keep
Emad
_
to
Prlgter
_
FOrE
friend
frlel_dly
version
Subjects
• pbot_ G_ try47.,_ : -:_"- ':_"
Many
,owners
are surprised
to find
out
how
playful
their
rabbets
are.
Most
rabbits
will appreciate
a select_on
of
fun toys,
which
can
be as simple
as a cardboard
box
or
empty
paper
towel
roll.
Related
-
Too
-
R_l_b_
a
Pet:
Toys
will help
keep
prevent
boredom
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8-WER;_s_ _------
More
{rein
_our
ouid_
your
rabbit
physically
active
:- Irlnc_t
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Your
Out
Our
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AbolJrt
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For All Your Turtle
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Caaes
Coml0sre
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at 40000,Stores
DeMs
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coP4
R_bbf_
_ulde
Rl_cent
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[=xotlc
Sulo_crii0e
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Ten
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•
°
o
Stay
up-to-date!
Subscribe
to our
to huge
rebb_t
must
away
from
things
you
do not
be safe
too
If your
rabb_t
is
etc.)
of toy,
sw_tch
to another
that
can
be eaten
and cause
rabb_t
wdl hkely
enjoy
shredding
pape
much
of it
A huge
variety
of items
can
make
good
rabbit
toys.
You
might
not
find
them
marketed
4
rabb_t
toys,
end
some
are things
you
will have
around
the
house.
Be creative
and pay
attent;on
to how
ybur
rabb;t
seems
to hke to play,
and you
may
come
up w=th ideas
of
your
own
(JUSt, pay
cIose,
attentmcn
to safety).
Some
ideas'
o
"
Opo_urns
smell
While
a good
selection
of toys
will help
keep
your
want
h_m or her chewmg
on, the toys
you
provmde
mterested
_n eatmng
one
type
(e g plastic,
cardboard,
type.
Watch
for soft
rubber
items
or plasbc
parts
gastromtestmnaJ
problems
or blockages
While
your
and cardboard,
make
sure
he/she
_s net
_ncjestmg
R*e ptiles-Liza
from
A bored
rabbit
_s much
more
hkely
to become
destr(Jctlve
or even
depressed
and
overwe=ght.
Deprived
of toys
and play
throngs,
your
rabb=t
may
turn
to your
furniture
ant
other
belongings'as
chew
toys,
or even
dangerous
thmgs
hke electrical
cords
Expenmet
wtth
a variety
of toys
to find
out
what
is entertamnlng
to your
rabb=t,
and
cent=nut
to
provide
new
toys
(or at least
rotate
the ones
he/she
has).
_
Gulnea.Pmqs
Herr_it
Erqo
Oualitv
Pet Crates
Folding
steel cages for pets
Sturdy
Safe
s3fehemepreducts
cam
cardboard
tubes
from
react
paper
and paper
towel
rolls
paper
bags
cardboard
boxes
(especially
a closed
box
w_th
two
or three
rabbet
sized
entrance
holes
cut
in the
s_des)
cardboard
concrete
forms
or large
PVC pipes
for tunnels
(make
sure
bunny
can't
(
stuckl)
un_:reated
w_cker
baskets
or other
w_cker
_tems
(a w_cker
tunnel
other
_tems
are
available
at the
onhne
stores
listed
below)
hard
plastic
cat
balls
wroth a bell mns_de (make
sure
your
bunny
_sn't chewmg
up ar
swallowing
the plastic
though)
hard
plastic
baby
toys
such
as nngs,
hnks,
keys,
rattles,
etc
parrot
toys
and bells
kitty
condos
(the
shorter
one_),
tunnels,
platforms
towels
small
straw
whisk
broom
straw
balls
( you
can
get the
ones
meant
as hamster
houses;
for added
enloyme
fill with
timothy
hay)
box
full ofsh
_nk free
- you
can
somethmes
get
unpnnte,
newsprint
tel
spaper
prmter)
fresh
branch,
A
-
177
•
Web
_lll
large
rubber
ball
Ten
Toys
online.
For
See
Top
available
Hosting
GIOhal
,..,_ll_u
Servers
There
are
with
either
readers.
a
coupie
of these,
Bytes'
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Petwerks
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other
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_tems.
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Llanne
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for
Pet
a_
Pets
° K_ds' moY_
- Find
* The
of
items.
great
the
carry
from
'wonderful
them,
but
Urban
sectton
for
P.abbrt
devoted
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bunny
they
great
fun
some
of
toys.
come
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recommended
selection
rabbit
the
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Gun_ Tool_
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as ct_ewtoys That not only
!i_ulk Pre_lu-_s "
causes damage to apphances but also puts the animals at risk of being shocked
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Beach, FL - January 27, 2004.- A Flonda company that sells cable and
wire protectors has disco_ered _tsproducts are being used to prevent animal
deaths and mjunes
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apptlances,.Cher¢l fpund,'CableOrganizer corn onhne and oldered 100 feet
bfspl_t wire loom, a du_ble polyethyJen_ cable cover, She bundled her
various cords rotethe loom and says It not only prevents her cats f_om
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Wildhfe SeaMers Wildlife Systems, Inc' of Homer, Alaska makes camera
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sleewng on new wildlife installations thiS spring, such as harbor seal and
sea hen slte_ in, ,laska,
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tO Tips
If you
for
Happy
travel
wlth
Travel
your
pets
enjoyment
these friends
With a httle preparation
assured
the
these
journey.
travels
special
Here
for
- Take
used
to its home
compamons
you
reali_ze
will also
quick
tips
weekend
trip.
how
Related
much
Images:
experience,
can rest
tho'roughly
enjoy
to help
ensure
jaunts
to get your
coach,
If th_s wdl be his
Let your
motorcoach
the
trial
on wheels,
on an extended
Nothing
on board,
Pets
add to the motorcoac_mg
and a few precautions,
we
are ten
a few
the, parked
reside
Your
happy
all.
One
out
with
first,
end help
says_home"
pet
Move
them
get their
some
hke hawng
your
bearings
of their
estabhsh
pet
or her first time
thmr
mstde
favorite
_domam
dinner
served
toys
_,
In the
coach, so by all means, do feed Fido his evening meal a few
mghts
per
voyage,
week
Turn
in the
on the
motorcoach
water
conditioning
while
with the sounds,
parked
Then
little
him
take
a short
become
to an RV, Even
before
Two
- Keep
pet
needs
area
of most
may
however,
seem
- Are
embarking
your
very
far
to be up to date.
en
pet,
stand
pet's
pet's
feels
safe
up
dog
pet's
to
A cat's
box.
best
- The
First
source
Aid Kit, and
we are
end
sound.
B'efore
vaccmabons
health,and
Five
rabies
tags
Your
showing
you
a list of items
your
check
you
vetennanan
to include
may
him
your
is the
in your
wtth
need
ce_l_cates
pet's
F=rst
or her
on this,
w|sh to include
at the
article,
- Always.carry
current.
Although
on what
we recommend
including
of thrs
Aid kit.
of reformation
glance,
comfortable,
and
with you when you travel,
Should
you decide to board
aroma[ at a pet hotel_ they wdl want thgs reformation,
Four
crate
At first
enwronment_
most
date?
the
be large
about.
or cat's
peace
is stdl
an unfri'endly
your
your
your
hfan'._ be..'$ _':en, d
For your
It should
turn
a htter
shots
afield,
sp.ecific
campout
route.
and
and
he always
to let
motions
a pet career
to include
confining
Carry
and
a=r
journey)
whiJe
it wd] Clutckly become
the
himself
neighborhood
veterinarians,
petto
enough
- all his_ where
Three
the
noises
do an overmght
of your
your
to be large
a carrier
safe
safety
recommendation
to allow
not
and
pet familiarize
around
the
malden
generator,
let the
with
why
the
on an extended
your
and the
enough
jaunt
better,
embarking
of mind
and
comfortable
pr:mr to your
pump_
ID.
pet should
proof
Verify
wear
of rabies
that
your
pet's
a secure
collar
vacomabon
and
tags
are
at all braes
your
name,
w_th
A _ 101
ouuE
_:_,
pllUlf_
al;u
separated.
on the
You
tag
lll-IFllOer
In
might
give
are
going
rf you
get separated_
to be ab(e to reumte
paper
Velcro,
are
Keep
height,
under
the
your
animal
control
furry
pet)
and
and
any
of using
on-board
at
elastic
or
dlsbngufshlng
a coded
shelter
personnel
center
phone
by any
would
to find
than
inserted
scanned
number
costly
of h_s or
marks.
m_crochlp,
The
reg_strabon
(a few
a descrlpbor,
shelter,
more
number
friend
write
can be
Though
want
cats.
of your
address_
then
the
and
,
pet's
,
_, -t,.j
- .,, ,.,
(
call
,-
name,
o,ther
a coflar,_ this
chip
can't
you've
separated
or removed.
unthinkable
from
your
post
lost
should
loved
one,
and found
happen,
there's
pet
and
an _nternet
_nfo. You
www.mternetlostandfound.com
mfotmabon
may
(no
been
s_te on wh{ch
check
you
may
Jt out at
charge
to post
your
lost
pet
here).
, ,,
to pack
Si_ - Don't forget
water
any
*
a set of
with
IO chip
_n to the
Make
phone
•
number
you
attach
This
owneG
If the
and
L'
number
phone
of youl
skin.
hLs current
be lost
which
color
hxs number
tnformabon.
two
address
for
posslblhty
pet's
the
the
of your
weight,
pet
collars,
idenbflcabon
snapshots
Consider
with
Safety
recommended
photo
favorite
her
tags
destlnatlon.
pet become
your
or relative's
no constant
the
your
and
arlO
to have
Should
temporary
you
friend
your
available.
finder
you
case
a close
d_shes are
and feedmg
d_gesbve
its daily
enbre
upsets,
fare--dog
trip
tr7
not
pet. Obwously,
_must-pack
_ ftems,
it fs recommended
or cat food--with
in ,case
possible,
for your
you
are
you
unable
to change
you
your
Sudden
"
7L
,
r
To prevent
take
a supply
(enough
to find
brands.
-
food,
to last
regular
of
the
kfnd).
changes
If
in diet
can
E
aggravate
c{ean
an ammal's
up supphes
ordinal
waste_
(hke
earherj
most
if you
grateful
him,
too.
Does
httle
play
box
with
his new
he have
_dlgs"
- When
He can reheve
It's best
large
Both
meal
cats
and
str|ps
on your
collar.
(Some
your
should
for
clothing,
Then,
has legs
day
stops.)
Remember_
he _s safely
get
dog for
regular
and
evening's
whenever
as you
_f your
to get
Like
save
cat tends
us,
that
destination.
they
wear
are
reflective
a reflecbve
cat out for
to 6olt
_n h_s crate
a
before
a drink.
be on a leash
tucked
your
day
NOT to let their
Make
exercise
exercise,
idea
before
pat
a walk
for
an open
you
leave
coachl
- Call
you should
welcome,
ahead.
Upon
they
may
vr)ll
_n
you'll
have
designated
show
zt gtves
_llr}',
v_sitmg
fhmn_
the
a national_
_n advance
arrival,
a much-appreciated
Addtbonally,
When
call well
want
for
of courtesy
park
m _.
rPrPnf
state
to inquire
to ask
pet
about
walking
to others
manager
rk_Pm,P_l
_-J_
,,
possessfons,
schedule
at your
_t _s a good
arc.?
Take
the
w)l] be
for
loved
and
.lust
_'-_
comfortable
a httle
throughout
prefer
be sure
park_
_IP#
t|me.
of the
coach
people
Eight
areas
end
dogs
of the
nap
eat light
more
road.
get
of
_
Ball_ bone_
hit the
and
disposal
companion
by his most
can stretch
for the
out
door_
for
toy?
are
_
- _
7,-
_
',
"'
_
and towels.
famrliar
be a_l the
to
items
proper
travehng
himself
a pet to
taken
at rest
pet
for
to pack
he'll
it is time
take-along
shampoo
a favorite
and
h_s orate
for
pet
surrounded
a walk,
into
bags)
tools_
your'furry
for him
so your
Other
remember
Seven
stops,
plasbc
grooming
As mentioned
loading
stomach•
a perfect
trPafrrlPnf
or private
if your
any
pets
are
special
zones,
This
on your
part.
opportunity
nf
thP
Is
to
4, _, ,
,j
_
,
'_
grass for weed
control or any other unsafe condition you would
want
your pet to avoid, Most campgrounds
kept
on a leash
requiring
that
behaved
(think
Nine
the
when
your
pets
quiet,
- Boredom
day,
with
sure
as werl
up _er,
and
barMng-type
mischief,
theanlmal
resources
require pets be
motorhome
picked
minimal
When
has
you
Many
leR to their own
dewoes
angehc
become
pet
along
may
on your
or her to await
to return
your
into heat
stress,
water
than
_.0 minutes.
Ten
- Pets
P.ememberj
unsetthng
morning
creatures
change
whde
may
prefer
time
As cat lovers
found
cats
and
who
the
reassurancej
eagerly
awaits
or death.
Keep
plenty
a pet
in less
you
harm
oat
your
pet
that
next
may
or dog
Try
normally
to keep
Es sure
they
do need
a
attention,
our
staff
may
to
that
Although
undlwded
If you
be
should
travehng.
at Destinations
of
owners.
routmej
your
develop
routines
while
and
for
can
exerctse
when
want
quickly
mornlng_
have
here
know
is essenttal
enwronment
friend
they
ourselves,
will let you
Wtth
camper
special
where
attention.
each
for
don't
can
Estabhshed
Does
at 8 am
mwted
place
You
hke their
pet's
travehng.
to forego
undwided
love
of habit
In your
your
dady
heat
best
or staled
coach
airflow
suffocation
act when
normally
a case.
or torn
the
of security.
w_th you
with
within
Excessive
any
date
spectal
even
to its sense
a walk
door,
be
leav'lng
_f not
be the
in such
_nsuff[clent
are
be malntalned
cats
and
and
you _ull
if you must
will prohibit
aggresswe
may
return,
screen
available.
and
career
control
HJgh heat
fresh
take
annoyed
,/our
Chmate
pet.
at paw,
perhaps
pets pull a 3ekyll and Hyde
The
to a damaged
upholstery.
close
nabonwzde,
In a strange area, Your
outings,
welt-
wdl be out for
his playthrngs
available
as
are
behavior)
to board your dog or cat for the day
from your coach. Many campgrounds
the pet unattended.
him
are
breeds
make
so many
prefer
away
out of the
has
have
their
be a_happy
motorcoachmg
adventure.
Here
are
a few
websttes
to visit:
www,takeyourpet.com
(This
webslte
offers
everythtng
from
travel
tips
to pet
newsletters)
www.travellady.com
(Here's
a helpful
articte
with
many
additlonaT
travel
tips)
http :t/www,vetworld.com
(Here
you'll
Related
find
Country
Check
Make
wherever
your
travels
take
you)
Links
V_s_t Country
Country
a vet
Coach
International
Coach
Homepaqe
Coach
International
Country
Coach's
an appointment
- Schedule
extensive
for
Onhne
a Fakery
hne-up
Tour
of Events
of luxury
and h_q'hhne
motorcoaches
Wish List
If you'd like to make a financial contributionand
your specialty is shopping, we always appreciate
the following Items
For the Cats & Kitties
•
•
Dry,and/or canned cat and kitten l'ood
(yummy)
Cat httbr
• TOys and _
(funrr)
• BI,ankets
(tosnuggleln)
• Meatflavored
babyfood (for
klttens
&finlcky
eaters)
• Newspaper tolinecages (and,keepthecatsup on current
events)
For the Dogs & Puppies
• lares canned dog food (the brand preferred by buddy dogs)
• lares mini chunk dry dog or puppyfood (so there are no upset tummies)
• C:olIars (forthewell-dressed
dog)
•
Leashes (yeahl- tLme for a walk)
•
•
Toys ( all kinds - as long as they are funl)
Milkbones and/ortreats (snacktlme)
For tile Staff
•
Oeneral cleaning supphes Including bleach, paper towels, liquid dish soap, scrub
•
pads, laund,_' detergent etc (to keep us busy)
Oftlce supplies Including pens, markers, paper clips, file folders etc (to keep us
organized)
• Towels (for dr,/tng offwet pets and staffmembers
too_)
If you'd prefer us to do the shopping, we can use GIFT C:ERTIFICATES for stores we frequent
for bet food & shelter supplies
• Home Depot
• Walmart
•
Staples
•
PetEdge (1 800 738-3343)
We also need proof of purchases from lares or Eukanuba products to help us earn points to
defray our pet food expense
THANK YOU FOR YOUR SUPPORT!
H)ouldyouhke to supportus by becom/n9# membeY'/
We'mjust,Rphone cal/#w,,'ly978-443-6990 Coat_ctus tod_vt
Oo_Jfol
How You
Adoption
Can Help
Ho_ to Adopt
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2003
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SurrendennQ
I
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I
The
a Pet
Buddy Dog Humane
A - 184
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euddy
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'
How
do X stop
my
dog
from
chewing?
Destructive
chewing is a behavioral
problem and needs training
to overcome.
and grown dogs may exhibit this problem. Puppies may chew out of boredom,
expand their energy,
teething
or out of cunoslty.
Grown dogs chew because
separation
anxiety,
fear, phobia, social Jsolatlonj
boredom,
attention
seeking
playfulness.
Puppres
to
of stress,
or
Canine
Behavior
_ues
Anxiety, fears &
aggression Safe
herbal and
For a puppy, you can puppy-prcof'_ts
confined
area. Remove all tempting
objects.
It is
homeopathic
easier to confine your pup in a big cage or crate In your absence.
Whenever
you're
support
around, keep an eye on it and supervtse
over Its activities.
Provide chewing
toys for
ie, e_su r_afutalcanlrte
teething
pains. Correct
its behawor
tmmedlately if you catch it chewing
unsuitable
objects
Consistent
correction
wtll teach it to chew only its toys.
¢0¢
Deq Training
information
Grown dogs face stress and frustrat=on
at being confined
and Jsolated for long hours.
The dog may bark excessively
or chew on any object rt can get hold of. To overcome
this separatton
anxiety,
you need t_me to tram it to expect you to return after every
separatron
Bnng your dog out for regular exerose
to release Its pent up energy.
You
can also enroll It in an obedience
school to overcome
separation
anxiety.
Here's how to get
your dog to hsten
to you, anywhere
you go
I_u_Jlu dogproblt=rn$
Dogs are frightened
of loud noises and start
tram your dog desensitization
to the noises.
around and it will eventua_and
_solated or bored without
Im._L_l_,
entertainment.
Some dogs
deliberately
seek
chewing
because
Gradually expose
of theer fears.
it to the fears
You can
with you
Hew Te Train
overcome
its fears. When a dog is soc*ally
it starts
to chew for its own recreation
and
atten;oon
with
negative
behawors.
You need
Oghtmng Fast
Trammg
Techniques Your
Pup Cant Walt,
Dent Youl aft"
to reinforce
your dog for the good behaviors
and _gnore _t for the bad ones. Also, remove all
mappropnate
objects
and g_ve your pet oqly _ts chewing toys. D_sallow your dog to
play with items that don't belong to tt. Exerose
your pet regularly
so that tt has
suffictent
play time.
b.._,_
alone _s not
the answer.
'Title:
How do ! stop my dog from chewmg?
Description:
How do ! stop my dog from chewing?
usrng a httle dog psychology.
When
Keep your
you remove
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Your Dog Behavior
Problem By Adam
Katz Aft"
Adult dogs may suffer from gum problems which they try to relieve by chewing.
Have
your vet check for dental problems.
If your dog is hungry because
it has no regular
feeding times, it may also chew and destroy
household
objects.
Dogs confined
within
small spaces also chew destructively
_n their attempts
to relieve anxiety.
Try to find out
Punishment
d_sappears.
fpaOog$
Don Behavior
Secrets
Learn How To Fix
Dogs investigate
objects
with their mouths
If left unsupervised,
they wdl certatnly
damage things. Don't punish your dog excessively
for a chewmg incident
as this wdl
increase
}ts stress levels and cause It to chew destructtvely
m your absence.
behind the chewing.
destructive
problem
_orrj
th_s
exerc=se,
_'y
PageW_re,
_rnc
t_n_f_
h_t_ct,
or _¢¢ial
FAQs VVould you hke to _
to th_s page? Want to _
th_s ecLtelem a pap er, report, or pre _entataon9 1s there an erro_m t1_s
page_ Do yo_ have a follow.up
_
abouttl_stoptcOWant toreadourFnvacy PohcvO Read ourlegagmed_ca/:hsclat_e_
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I Sign Up' _ Log,n
,_di_or_._Boa_'id_
Article
Keeping
Your
Dog
Author
Diana
Delmar
Editor
Kathleen
8podeclfooci
Safe
_/Vith
Cavanagh,
can make
your
Foods,
Toys
and
Chews
Se_':
DVM
dog serlouslylll
Make
sure
yourtrash
can is
inaccessible
Do not giveyour
dog leftovers
thatyou
would
not eat
yourself
Some foods that humans
relish are hazardous
to dogs
Chocolate
is one example
It contains
theobremme
and caffeine,
drugs
that are metaboltzed
differently
In dogs compared
with humans
In dogs,
chocolate
overdose
can result in restlessness,
excitement,
vomttmg,
_E.tp_ Breed:
a
convulstons,
heart Irregulantles,
and even death The stronger
the
chocolate
and the smaller
the dog is, the greater the nsk becomes
For
example,
baker's
chocolate
Is more likely to result In poisoning
than milk
chocolate
It takes less chocolate to poison a toy dog than a giant-breed
"dog
Onions
are toxtc to dogs ,and m enough
quantaty can lead to serious
anemia
Onions
areacommohmgredtentlnmanystore-boughtfoods
such as canned vegetable
soup
Check out the label before you feed
human
food to your dog The safest diet for your dog
selected
upon the adwce of your ve!ermanan
Foods
Fo#ot4_
TO Ke_p
Away
From
Your
at:,e some of the _oods _at
-
Onions,
•
Chocolate
croon
Yeast
DO_
cez#d ma_;e your
that
any
ts
dog i#:
powder
(all types)
Alcohohc
•
Is dog food
beverages,
including
beer
dough
Coffee,
coffee
•
Tea
•
Macadamla
•
Tomato
beans
(caffeine)
Potato
nuts
leaves
leaves
and
and
•
Rhubarb
leaves
•
Spoded
or moldy
Holiday
Hezards
-Holidays
are replete
stems
stems
food
with
poten;[tal
dog
hazards
On Valentine's
Day,
Halloween,
and Easter, the problem
Is chocolate,
which is toxtc to dogs
Chnstmas,
small toys and Christmas
tree ornaments
pose choking
hazards
Glass ornaments
can be broken
and result In wounds
Electnc
At
cords chewed
bya dog can cause electrocution
Mistletoe
is pmsonous
_f
ingested
Educate
your guests
about dog-safety
measures,
if they are not
dog guardians
_t _s unhkelytheywdl
be aware of the dangers
Block access
to roomsw_th
Chnstmas
trees and other holiday
decorabons
thatyour
dog mtght get into Avoid use of glass
ornaments
and if,you use them place them htgh up on the tree out of your dog's reach
If you have a small dog, an opbon _s to buya small tree and place _t on a
table tl_e dog cannot reach Tinsel is made offine
glass filaments
or shyer
plastic
access
and should
to the tree
also
be avmded
m households
m whtch
pets
have
Sere Toys
Virtually
anytoyyou
give y
tt _Ssafe for your pet Toys
nbl you determine
Jr dog's stze m
A-
189
,"
, o'-;, '_
o._
inexpensive
1_1msy v|ny_ toy
_,
vv,,i
A dog this
, , u_r.._
t lltllA._
size needs
[ [ll:_(;ll
U[
an
really sturdy
A good choice is a large kong toy made of heaw-duty
rubber
Stee_" clear of
toys with those httle silver bells _n them no matter what your dog's size
They pose a choking
hazard
Toys with squeakers
m them can also be
dangerous
Most dogs enjoy a good game of fetch, but avofd balls small
enough to get caught )n your dog's throat
StuRed toys are another doggie
favorite
Avoid those with button eyes or noses than can be chewed
offend
swallowed
Safe
Bones
and
Chews
An Impodant
rule of thumb
Is to buy chews
dog cannot possibly
swanowthem
whole
d_fferent types of chews
or bones until you
your pet Most dogs love rawhide bones or
and bones so large that your
Supervise
your dog with
decide which ones are safe for
chews, but there ,s a nskthat
chewed-offrngested
pieces
may cause intestinal
blockage
Iflou
buy
rawhide,
make sure It Is oversized
for your dog so It would be drtllcult to
get p_eces off. Pressed
rawh;de generally
ts sturdier
than nonpressed
rawhide
but still requires
supewlslon
A better option may be one of
several edible bones,
such as Milk Bones0®,
which are available
atyour
grocery store
Chicken
bones should never b e given to a dog. They can cause internal
lacerations
and puncture
wounds,
Nylon bones have long been
considered
a safe bone choice but be sure to buy one that is large and
sturdy foryour
dog Pig ears, calf hooves, and other similar types of
products
require
equal cautmn
Some dogs chew and n,bble nlcelywith
no problem,
others crunch and leave sharp ¢hoke-s,ze
hunks or slimy
choke-size
pieces
fnfect$on
Risk
Linked
to "Some
Types
Of Do,.q Chews
Oog chews made with pork or beef-delved
products such as pig ears,
beefJerkytreats,
and smoked
hooves may contain a type of the bactena
Salmonella
that can cause illness
m people
and dogs
Initial reports
of such Illness orrgmated rn Canada
In September
1999,
where 30 cases of Salmonella
were strongly associated
with pig ear dog
treats
Subsequent
examinatmn
of similar
products produced
rathe
Umted States indicated that all pet chew products of this type may pose a
risk, according
to the United States Food and Drug Administration
(FDA),
even though
no cases In the United States have been reported
Consequently,
the FDA Issued
products
carefully
Specifically,
a warning that pet guardians
the FDA advised the following
Anyone
who comes
rote contact
wash thmr hands in hot water
e
Th'e.elderly,
_'oung chddren,
and.anyone
wLth a weakened
immune
system
Is at increased
nsk for infection
and should
types
of dog
treat
these
products
these
o
avoid these
with
handle
should
products
The FDA ts continuing to examine
the situation and will try to determine
how products
such as pig ear treats can be made safely without posing
the risk of Infection
to people
In add=lion, some pet chew manufacturers
are taking steps to adopt better manufacturing
practices
for dog treats that
should help reduce the risk of Salmonella
contamination
Home
I VetMedCenter
Copyright@
reformation
2000
I privacy
VetMedCenter.
A - 190
policy
I terms
All n_hts
of use
I help
and
reserved,
......'
..... ......
FAQ
IN
THE
UNITED
STATES
Pet
Applicant:
Application
PATENT
Food
AND
Centers,
78/975,330
No.:
24,
Mark:
PLAY
THINGS
Classes:
31
To:
Commissioner
for
P.O.
Box
1451
Date:
2003
Alexandria,
Attention:
D.
Trademark
Law
Office
REQUEST
an
Attorney
mark
the
Office
made
on
the
basis
identified
Act.
of
I.
PLAY
In
Ex
Parte
THINGS
her
refusal
to
descriptive"
Office
the
to
2(e)
OF
Examining
Applicant's
mark
descriptive"
response
for
Attorney
support
made
THINGS
pursuant
U.9 Paint & TMO_./'T'MU,_I R_tO%
192
Lanham
of
filed
a
GOODS
00101/11371327vi
A-
of
Trademarks.
11-08-2004
118351.
the
has
APPLICANT's
goods,
of
in
Applicant
PLAY
Examining
above-referenced
(i)
Commissioner
the
identified
the
Section
DESCRIPTIVE
the
"merely
cover,
the
2004,
register
following
with
Action,
3,
allegedly
separate
NOT
register
of
is
the
Appeal
IS
May
to
pursuant
Under
Esquire
Attorney
RECONSIDERATION
dated
it
submits
registration.
Chicoski,
refusal
that
goods,
Applicant
Notice
her
22313-3514
Examining
115
FOR
Action
final
Trademarks
Virginia
Jennifer
In
OFFICE
LLC
March
Filing
TRADEMARK
final
her
as
"merely
to
Section
i
of
2 (e) (I
the
that
however,
is
a
Lanham
under
the
Applicant
appropriate
suggestive
clearly
and
to
withdraw
respectfully
test,
refusal
requests
and
pass
submits,
mark
mark
Applicant
her
the
Applicant's
Accordingly,
registrable.
Attorney
Act.
PLAY
THINGS
is
therefore
the
Examining
Applicant's
mark
to
publication.
A.
The
The
Standard
standard
stringent
than
for
that
Descriptiveness
describes
a
F.2d
The
key
word
in
the
relevant
continues
merely
conveys
(Fed.
as
of
characteristics
deeply
to
the
the
on
of
goods
the
word
mark
more
here.
merely
goods."
In
(emphasis
added).
significant.
determination
It
re
Indeed,
of
cannot
logically
be
characteristic.
This
used
by
Circuit
a
in
given
whether
the
the
. with
-2118351.00101/i1371327vi
A - 193
In
mark
the
re
is
mark
ingredients,
.
Examining
Gyulay
or
'immediately
qualities,
which
Attorney,
suggestive
it
is
or
used',
a
is
overlooked.
Federal
depends
of
be
"the
1987)
shrouded
_Whether
. knowledge
the
the
paragraph
follows:
of
significant.
not
form
descriptive
.
a
in
Attorney
when
Cir.
is
significantly
Examining
relevant
1217
be
or
language
the
language
must
the
is
characteristic
this
point
Despite
true
are
1216,
miniscule,
fundamental
the
by
characteristic
descriptiveness
a
applied
significant
820
Descriptiveness.
descriptiveness
refusals
Gyulay,
minor,
for
or
whether
'imagination,
reach
a
Copy
a
conclusion
Shops,
(CCPA
on
Inc.,
1980).
spectrum
1217
thought,
616
The
.
.
(citation
the
F.2d
are
of
523,
categories
and
perception
nature
the
525,
are
in
The
tenuous,
or
is
In
re
U.S.P.Q.
actuality
commercial
to
Quik-Print
(BNA)
505,507
'central
difficult
pensive
required
goods.'
205
frequently
omitted).
time-consuming,
or
to
apply.'"
impression
connection
tones
Id.
cannot
-
it
in
be
must
at
a
be
immediate.
Where
a
mark
neither
characteristic
of
characteristic
significant
viewpoint,
the
mark
descriptiveness
While
must
not
be
the
properly
B.
identified
its
THINGS
Applicant's
of
"immediately
159
black
If,
(Fed.
letter
Cir.
law
applicant's
on
the
other
favor
Consumer
Perception
to
re
the
a
seeing
Bed
&
mark
in
or
mark
the
to
Employ
hearing
can
does
-3118351.0Q101/l1371327vl
A - 194
be
not
held
lead
it
it
the
Registry,
omitted).
if
applicant.
because
Breakfast
context,
standard
to
descriptive
(citation
taken
goods,
merely
one
1986)
hand,
due
for
registrable.
descriptiveness
and
not
standard
held
the
In
that,
the
be
a
that
legal
Thought
is
goods.
the
must
all
is
about
consumer's
Requires
convey
Applicant's
157,
only
mark
with
nor
knowledge
relevant
satisfy
ambiguity,
applied
PLAY
the
accordingly,
Imagination,
not
to
conveys
goods,
from
fails
and,
without
immediately
It
a
mark
to
to
be
an
is
does
thought"
791
F.2d
practically
calls
to
descriptive.
automatic
mind
l
l
,
conclusion
that
it
goods,
mark
must
the
Under
the
of
Indeed,
to
Further,
the
no
820
In
Hutchinson
Attached
in
as
and
registrable.
THINGS
(Fed.
is
not
PLAY
in
the
THINGS
mark
(Fed.
computer
the
with
there
and
the
Compare
Cir.
1988)
PLAY
not
THINGS
children's
toys,
teaching
aids,
from
print-outs
THINGS.
of
is
Id.
products
mark
educational
PLAY
goods.
that
554
aside
an
goods."
552,
suggestive
A - 195
the
F.2d
words
-4-
of
treats.
website
mark
perception
pet
anything
118351.00101/I1371327vi
or
illustrates
that
for
(citation
i.e.,
gyms,
is
1987)
--
connection
are
the
relevant
Applicant's
saying
almost
"A"
the
nature
with
test
concerning
Cir.
here
used
852
play
with
the
between
used
the
meanings,
thought,
required
is
satisfy
of
connection
or
Exhibit
that
identified
PLAY
various
1217
without
and
associations
demonstrates
goes
sets
instruments,
the
information
on
Inc.,
be
musical
varied
mark
easily
swing
its
1216,
Tech.
outdoor
not
characteristic
leap"
the
It
as
to
conclusion
"technology"
just
mark
does
connection
which
descriptive).
could
a
"mental
with
suggestive
_imagination,
significant
(holding
due
F.2d
reach
goods
re
mark
or
Rather,
required
be
convey
quality,
omitted).
to
with
Applicant's
immediately
Gyulay,
cohnection
treats.
because,
ingredient,
is
held
Applicant's
not
re
be
in
test,
pet
descriptiveness
In
used
appropriate
descriptive
does
is
pet
showing
The
many
treats.
ware
the
evidence
outside
of
toys,
but
not
merely
descriptive
of
Pet
them.
treats
are
no
exception.
As
stated
considered
by
in
Attorney
relies
assertion
that
Examining
which
on
made
goods
leads
The
pet
fact
are
equivocally
amusement
1
The
Amerzcan
to
are
that
or
Dictionary
merely
a
think
that
think
does
of
not
relevant
Attorney
makes
with
treats
that
The
treats
_could
entertainment"
of
the
Lanquaqe
-5I18351.00101/I1371327VI
A - 196
The
"plaything"
Attorney
conveys
play
treats.
give
proper
goods
are
PLAY
as
fit
THINGS
treats,
case
by
they
might
for
on
that
arguing
to
with
(3rd
state
provides
added).
Verslon
not
consumption
goes
something
the
consideration
pet
weak
just
Electronic
Surely,
words
pet
a
refusal:
with."
the
the
Attorney
descriptiveness
(emphasis
English
toys.
Examining
Attorney
include
her
of
"immediately
are
Examining
support
Examining
The
be
Examining
of
The
with.'"
to
to
exception
treats
mark
_things
themselves
not."
"I
against
cannot
to
definition
with.
must
The
descriptive
the
play
mark
goods.
definitions
play
not
the
relevant
Applicant's
Examining
the
toys
to
Applicant's
occupy
with
whereas
the
Attorney
that
The
"pets
toys,
offers
consumers
Examining
toys.
that
is
arguments
Attorney
immediately
the
THINGS
that
own
Attorney,
dictionary
'things
her
Examining
the
PLAY
of
Applicant's
to
upon
state
impression
has
to
"something
to
Examining
relation
Attorney
means
goes
the
Such
ed.
1992).
unsubstantiated
the
allegations
record.
Moreover,
demonstrate
clearly
"linking"
the
are
the
a
two
Applicant's
goods
-
is
supported
Examining
or
mark
which
not
three
with
precisely
evidence
or
in
allegations
reasoning
trait
the
any
Attorney's
step
some
by
process
in
characteristic
attributes
of
a
of
suggestive
mark.
The
"PLAY
Examining
THINGS"
play
the
When
pet
consumer
"mental
not
employ
in
dictionary
the
word,
_PLAYTHING,"
into
two
mark
from
two
nothing
of
"PLAY"
and
a
hear
the
the
of
words
come
imagination
the
that
impression
and
to
goods
wording
"things
PLAY
to
THINGS,
mind.
thought
relevant
treats,
definitions,
subtle
as
but
components,
the
and
Rather,
to
make
associated
Examining
crucial
the
with
deliberately
of
identified
the
a
great
separation
the
between
customer's
-6118351.00101/11371327vi
A-
197
in
separating
a
which
the
the
composite
little
Both
words,
imagination
words,
imagination
its
speaks
goods.
to
is
suggests.
creating
of
deal
trademark
Attorney
decision
each
leave
enables
Applicant's
components,
features
the
the
very
separate
_THINGS,"
consumer,
pet
the
immediately
conjuring
citing
mark
to
not
In
made
the
do
stated
mark.
Applicant
or
conveys
consumer's
treats
must
leap"
Applicant's
erroneously
immediately
with."
certainly
Attorney
as
to
of
applied
engage
in
mental
leaps.
Accordingly,
characterized
as
the
Overall,
trademark
the
suggestive
Attorney.
There
THINGS"
of
to
There
a
is
consumers,
of
evidence
the
mark,
and
the
is
thus
no
it
determining
suggestive
is
Where
suggestive
of
that
goods.
wholly
"PLAY
of
THINGS
unique
source
treats
treats
is
the
mark
in
is
far
Examining
compound
pet
pet
PLAY
THINGS"
by
the
be
_PLAY
the
the
minds
primary
evidence
to
exists
use
the
question
to
mark
and
that
PLAY
show
that
THINGS,
suggestive
and
nature
of
mark
is
Applicant's
registrable.
REGISTRATION
admittedly
what
mark,
benefit
is
a
that
imaginative
ALL
DOUBTS
CONCERNING
IN APPLICANT'S
FAVOR
While
cases
to
hardly
THINGS.
"need"
points
there
suggestive
the
no
the
believed
images
PLAY
where
of
first
that
phrase
for
can
Applicant's
doubt
indication
alone
the
name
essence
than
competitors
all
for
little
conjures
Ultimately,
II.
be
no
let
Applicant's
the
mark
words
of
form
can
immediately
significance
co_uaercial
components
coalesce
identifier.
more
apt
the
difficult
constitutes
Applicant's
any
doubt
SHOULD
a
bid
in
to
for
such
BE
RESOLVED
extrapolate
descriptive
registration
A
matters.
procedure
mark
is
review
versus
entitled
of
a
to
several
instructive.
the
is
border
unclear,
between
the
finding
abundant
-7118351.00101/11371327vi
.
--.
A-
198
a
mark
weight
of
descriptive
authority
or
is
to
o
_resolve
for
the
doubt
in
opposition."
Smith,
Inc.,
See
828
Service,
Inc.,
this
way
the
will
potential
say
that
threat
Bakers,
Inc.,
In
intent
view
of
mark,
the
of
the
In
1993).
examining
By
business
565
law
to
register
re
Four
attorney,
is
to
Seasons
the
will
an
Hotel,
mark
be
to
the
-800101/11371327vl
A - _99
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Only
in
registration,
not
See
order
to
present
In
to
owner's
re
a
Gourmet
Ltd.,
of
deny
987
publication,
true
the
in
without
owners
not
preserve
investment
published
marks,"
registrability.
118351.
in
protect
their
and
1972).
and
be
Fenner
opportunity
does
efforts.
protect
mark
The
the
the
or
T.T.A.B.
should
role
passing
to
re
the
1972).
by
have
does
foregoing,
mark
"PTO's
them
possible.
Cir.
U.S.P.Q.
marks,
truly
continued
trademark
The
allowing
mark
In
(T.T.A.B.
affected
similar
publish
Pierce,
1987);
380
actually
and
Lynch,
Cir.
U.S.P.Q.
of
173
favor
Merrill
(Fed.
people
Applicant's
delay.
175
users
their
re
1567
Applicant's
to
Applicant's
In
F.2d
Lady
other
the
arbiter
further
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them
by
wherever
F.2d
1565
the
market,
of
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the
(Fed.
not
mark's
III.
CONCLUSION
As
all
satisfied,
be
of
the
concerns
Applicant
published
for
of
the
respectfully
Examining
requests
Attorney
that
subject
been
mark
opposition.
Respectfully
PET
Dated:
the
have
November
3,
2004
FOOD
submitted,
CENTERS,
LLC
By:
_Imoth_
D. Pecsenye
_vid
M.
Perry
Jennifer
L. Miller
Attorneys
BLANK
One
ROME
Square
Philadelphia,
cc:
19103
PA
569-5613
Mr.
Philip
S.
Montooth
CERTIFICATE
I hereby
certify
Commissloner
for
mail_
Applicant
LLP
Logan
(215)
for
postage
er
_
that
this
Trademarks,
pr_aid
Miller
_
document
P.O.
November
is
Box
3,
OF
being
1451,
MAILING
deposited
Alexandrla,
2004.
" -
-9i18351.00101/11371327vi
A - 200
in an envelope
VA 22313-1451,
addressed
vxa
first
to the
class
EXHIBIT
-10118351.00101/11371327vl
A - 201
A
I1
=_==p
Fitness
_
28 Beauty&
Put your body in
these experts'
Play Things
Whether you're running, swimming,
or sun-saluting,
ought to have the best (and best-looking)
gear.
you
By Be_ Landman
_
hands.
___..e_,=_.LS
pas in the WP-.._
From a Provencal-esque
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Whether you'r_ running,
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712 Fifth Ave, 212-247-1100
Om and Away
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1319 Third Ave.: 212- 650-9642A
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Five exclusive spots
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Angudla's always had grea_
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paradise has added spas
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_op 10 Urban S_as
A guide to New York's top
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Haute Tote
Laticoleather gym bag, $140.
Shop at Equinox
140 E. 63rd St.; 212-750-4671
Top Shape
Mosaic scoop-neck camisole with shelf bm by SF
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Paragon Sports
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A-
202
] 0/18/2004
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10 Best Monthly Fixes
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Goggle
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Fal's polyamlda and elastane dance pants, $64.
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Handsome
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3"normal racer-back lank, $35, and thermal jogswim bottom, $30, by OMO Norma Kamall.
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11 W. 56th St.; 212-957-9797
N_ke's leather Shox NZ for men (top) and women,
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Just Shoe It
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Cashmere hoodie from _,rmc_,$220, and cabl_
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version from Ralph Laumn, $698.
$aks Fifth Avenue
611 Fifth Ave., 212-753-4000
Suunto's "Wristop"
co_puter with heart-rate
mo_nitor,altimeter,
compass, and barometer,
$2O0.
Good Timing
500 Madison Avs.; 212758-6098
Photographed by Eric Piasecki.
Related Links:
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A - 205
10/18/2004
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A - 207
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A-
208
Play Things
The Office
Guitars
(fi'om left to right):
Femandes
Femandes
'Sustainer'
'Les Paul',
guitar
one of three custom
built
for Steve with their Sustainer system (usually
only found on the Strat models).
Stove's treasured 195 7 Los Paul 'Gold Top'
Dark Matter
Paul Ward from Sound
Steve about the making
DARKTOWN...
Hackett
Mildmg ul_ i pi_o
can be a lrick-y,business!
Studio
On Sound talks to
of
Info
The Terpsichore
By Chris Michie
of Twickenham
(Mix magazine)
Hackett's
- Guitar
Gear
Player
Sept. '86
Mellotron MK !1
"One problem facing all musicians at one time or another is the
matter of artistic control and the ability to realize a sound without
having the facility to play the instrument responsible
for that
sound. Multi-track
recording
gave a single musician the ability to
manipulate
time by overdubblng
a performance
to create a multi
instrument piece of music but, he still was faced with learning
and playing those instruments himself"
I'In 1946, a clever man named Har_3' Chamberlin
saw a
solution to this problem. One day, while playing his home organ,
Harry got out a portable tape recorder to record his playing for
10/18/2004
http:llwww,stevehackettcorrdgear/
A-
21)9
ra_
z _L .._
some friends. After having made the recording,
the BIG IDEA
struck him. He thought, "f l can ma],'e_a recording
of myself
playing,
why not build a machine
(mzd any otheO
"The Mark
sounds?".
that plays
recordings
of these
Harry. had seen the first sampler..."
H has two 35 note keyboards.
The tape under each key has three tracks
on 3/8 inch wide
tape. Six different' stations on the tape with three tracks each means that each key can play 18
different sounds. The left hand keyboard is _rther broken down into two sections. The left-side is
loaded with rhythms and the right side contains accompaniment
and fills. The right hand keyboard
has 18 different lead ins_ment
Taken fiwm the ptellorron webs#e
sounds."
For all things Mellotron, check out the The Mellotron
website or the UK Mellotron
Restoration
- "The nutters who managed to squeeze a _,I4KII into Steve's underground
bunker!!!".
Boys
"At one point the Mellotron
had been described as a Frankenstein
keyboard, put together from
disembodied
parts. But it was definitely alive. It was ali_'e in a very strange way. It had a
spooky quality about it which t thhzk modern samplers don?seem
to have. Many things that
were done on it were never actually
recorded
13its that l heard other peopte
do at various
times, and tried to talk them #:to. It sounds amazing. And what's unreliable about tt is the
technology
so we did a sample of it. We got one in the studio and we sampled everything that
it did,., before it blew up':
From
A Conver'satimt
with Steve
Hackett
The Optigan
The Optigan was a kind of home organ made by the Optigan
Corporation
(a subsidiary of Mattel) in the early 70's. It was
set up like most home orgaias of the period - a small keyboard
with buttons on the left for various chords, accompaniments
and rhythms. At the time, all organs produced
their sounds
electrically
or el ec_onically
with tubes or transistors,
The
Opfigan was different in that its sounds were read offofI.P
sized celluloid discs which contained the graphic wavefotms
of real instruments.
These recordings were encoded in
concentric
looping rings using the same technology
as film
soundtracks.
As the film runs, a light is projected
through the solmdtrack
and is picked up on the other side by a
photoreceptor.
The voltage is varied depending on how much light reaches flae receptor, and after
being amplified _
voltage is converted into audible sound by the speakers. The word "Opfigan"
stands for "Optical Organ".
10/18/2004
http://www.stevehackett.com/gear/
A-210
Taken from the Opri_an Websi_e
Steve was very fond of the Optigan and in fact recorded a track around it entitled
!!Sentimental Instufion". The machine saw active service around the world on
many Hackett tours between 1977 and 1981 before retiring undefeated.
He still
has the machine he bought originally in the Seventies and he's even recently been
threatening
to use it on an album a_in!
10/18/2004
http:/Avww.stevehackett.corn/gear/
A-211
[
4.=
I, ............
,
I. IJ._
I:LoJI_ I A]LO_
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I Contact Us I Newsletter I AdY_gJ
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Monday, October 18th, 2004
l:Lo.me
> T_o.v.a
> UniqueToys > Toys For Children
ToysFor Children
dP___@J_T_0_
Creative Play Things
by Samuel Wens
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1"halnforma'don above is the sole opinionof the author end does not represent
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© Copyright2002. 2003, 2004 InfoSearchMediaAllRighlsRe.sewed.Pdvec'vPolio/
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FAST
How Smart People Work
Play
Things
More ways the Web can amuse you and your friends.
From:
Issne
Start
18 i October
Here
It is harder
suggests
1998, Page 228 By: e]_fftth_]_
for Fun
than you
might think to find great sites for fun and games on the Web. Fast Company
three hard-copy
directories
to start you on your scamh.
The Web After Work For Dummies ($19.99,IDG Books, 1997),by Jill
and Matthew Elisworth,
reviews
sitesdevoted to hobbies,shopping,crafts,
and fitness.
Like many of thevolumes in the"Dummies"
series, parts of this book are, well, dumb. On the other hand, its lists ofthlngs like the weirdost Web
sites are funMichael Wolf,s NetSports: Your Guide to Sports Mania on the Information
Highway ($6.99, Dell,
1997) reviews Web sites and other online resources for more than 100 sports, including baseball,
basketball,
cricket, fencing, skateboarding,
and volleyball.
WoLff pulls few punches as he evaluates what
each site offers and how well it works.
Finally,Barbara Moran's InteractDirectoryFor Kids & Parents($24.99,IDG Books, 1997) identifies
hundreds of safe,entertaining,
and educationalWeb sitesforchildrenand theirparents.Likethe
Ellsworths'book, Moran's directory
includesbeginnersectionsof dubiousvalue.But itsreviewsand
top-10lists are plentiful
and useful.
Back
to the
http://www,
Future
fastcomp any.corn/magazine/18/playthings.htral
A-216
10/20/2004
To:
Pet Food Centers,
LLC (pecsenye@b[ankrome.com)
Subject:
TRADEMARK.
Sent:
12/2/2004
Sent As:
ECOM115@USPTO.GOV
APPLICATION
3:57:21
NO. 78975330
- PLAY
THINGS
- N/A
PM
Attachments:
UNITED
SERIAL
NO'
STATES
PATENT
AND
TRADEMARK
OFFICE
78/975330
APPLICANT.
Pet
CORRESPONDENT
Food
Centers,
*78975330*
LLC
ADDRESS:
RETURN
Ttmothy D. Pecsenye, Esqmre
Blank Rome LLp
One Logan Square
Philadelphia PA USA 19103
ADDRESS.
Comm_sstoner
for Trademarks
P.O Box 1451
Alexandria,
VA 22313-1451
If no fees are enclosed,
"Box
MARK:
Responses
the address
-No
should include
the words
Fee "
PLAY THINGS
CORRESPONDENT'S
REFERENCE/DOCKET
CORRESPONDENT
EMAIL
NO:
N/A
Please
ADDRESS-
pecsenye@blankrome
1
corn
provide
Flhng
date,
m all correspondence
serial
number,
mark
and
apphcam's name
2
Date
3
Examining
of this
Office
Aebon
Attorney's
name
and
Law Office number
4
Serial Number
After
is requesting
careful
reconsideration
significant
telephone
number
and
c-rural
address
78/975330
DENIAL
Apphcant
Your
reconsideration
consideratton
and adhere
and compelling
REQUEST
of a final refusal
of the
to the
OF
law
final
with regard
and
action
facts
FOR
RECONSIDRATION
dated May 3, 2004
of
the
as written
to the point at issue.
A-219
case,
since
the
examining
no new
facts
attorney
or reasons
must
have
deny
been
the
request
presented
that
for
are
[
I
_
Sure, the Web offers new and exciting
ways to amuse
fun. But can the Web compete for entertainment
classic board games on which you were raised?
toy-and-game
giant, you no longer
favorite games.
Hasbro - the company
behind
yourself,
play with friends,
and otherwise
have
value - or for that matter, sentimental
v_ue - with the
Thanks to I-tasbro Interactive, the high-tech unit of the
have to choose
such classic
*'
games
between
playing
as Monopoly,
on your PC and playing
Mastermind,
Sorry!,
your
Scrabble,
Risk, and
Battleship - has begun to update these old favorites for multimedia
computers
and for long-distance
play
over the Web. The high-teeh version of Mastermind,
a mind-bending
game of Iogic and deduction,
incorporates
dazzling graphics and even artificial intelligence
to make the game more colorful and more
challenging.
It can be played modem-to-modem,
on a LAN, or over the Interact. The updated version of
Sozry! gives the playing pieces distinct personalities,
which they demonstrate
whenever they bump,
slide, or "sorry" an opponent.
Both games sell for $19.95 and are available from Hasbro Interactive
(www.hasbro-interactive.com).
play the Intemet versions, go to Mierosoft's
Interact Gaming Zone (www.zone.eom).
A Virtual
Way
with
To
Words
Personal computers are to offices what refrigerators
arc to kitchens - the obvious place to attach family
photos, free-form doodles, and other fun musings. The current rage in kitchen decoration is Magnetic
Poetry, word magnets that you can arrange and rearrange to express whatever sentiments move you.
These little white magnets are being sold everywhere
- even (in a special format) on the Lilith Fair
concert tour - and have worked their way onto countless refrigerator
doors.
Magnetic Poetry, the Minneapolis-based
company that started the refrigerator mania, has introduced
ElectroMagnetic
Poetry. As words _
along your computer screen, you "grab" the ones you need to
convey your thoughts. The software is available on CD-ROM,
and you can order it through the
company's
Web site (www.magpo.eom)
for $25. The site also offers an anthology of poems and a place
where you can submit your own poetry.
Meanwhile,
aspiring poets who visit the Web site of Prominence
Dot Corn
(www.prominenee.eom/java/poetry),
a Java developer based in Chapel Hill, North Carolina, can use a
Java applet to compose poetry in their Web browser. They can also contribute screen shots of their
masterpieces
to the company's online poetry gallery.
@ Back to top z_ _
[] _ld_Lg2[15gld
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Fast Company,
375 Lexington Avenue, New York, lqY 10017
About Us I Subscribe I Advertise
I Site Guide [ _
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With ICRA
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A - 217
DESCRIPTIVENESS
Registration
for which
was finally refused
registration
has considered
the applicant's
The examining
attomey
the Final refusal
The applicant
"pet treats"
submits
rather
with treats just
Applicant's
under Section
that the examining
than "pet toys."
as they might
Request
Act Section
desenptive
reasons
below,
under Trademark
is sought is merely
arguments
2(e)(1)
attorney
with
for Reconsideration
15 U.S.C.
makes
the exception
request
consideration
a weak
the subject
matter
are
further
submits
For the
for reconsideration
is denied..
to the fact that applicant's
case by arguing
that treats
at p. 5. The applicant
because
but has found them unpersuaswe.
and applicant's
does not give proper
Attorney
§ 1052(e)(1),
goods.
carefully
is maintained
"The Examining
with toys,
2(e)(1),
of the identified
fit for
goods
that 'pets occupy
consumption
whereas
that a "two or three
are
themselves
toys are not.'"
step reasoning
process
m 'linking'
apphcant's
mark with some trait or characteristic
of the goods winch is precisely the atmbutes
of a suggestive
mark."
Apphcant's
Request for Reconsideration
at p. 6. The applicant also argues that "[w]hen
consumer's
hear the
words
PLAY
tmaginafion
Ibid.
THINGS,
and thought
certainly
to make
pet treats
do not immediately
the 'mental
leap'
come
in conjuring
to mind.
the relevant
Rather,
goods
the consumer
associated
must
with Applicant's
employ
mark."
A mark is suggestive if some imagmatmn,
thought or perception
is reqmred to determine the nature of the goods from the
term.
Such a determination
is not made m the abstract
Descriptiveness
must be considered
m relation to the identafied
goods.
In re Omaha
588 F.2d 811,200
Amertcan
National
USPQ
Greetings
Corp , 819 F.2d
215 (C.C.P A. 1978); In re Venture
Corp., 226 USPQ
descriptive
mark need not "conjure"
descnptwe
mark consists
the goods,
"mental
of matter
and not be proven
With full knowledge
leap"
1117, 2 USPQ2d
365 (TTAB
the specific
1985).
goods
a functmn,
for the goods,
use or purpose
Associates,
226 USPQ
§1209 01(b).
in relation
that the goods at issue are "pet treats,"
to understand
Lendmg
TMEP
of the apphcant's
that, when considered
to be a synonym
1859 (Fed. Cir. 1987); In re Abcor
Contrary
as a generic
the consumer
of the goods
when
upon hearing
immediately
term would
285 (TTAB
to the applicant's
to mmd immedmtely
to the goods,
Development
conveys
Corp ,
1985);
In re
assemon,
a
the mark.
A
a charactenstac
of
be apt to do.
need not employ
the term
much
"PLAY
Imagination
THINGS"
or make
a
is considered
m
relation thereto.
As demonstrated
in the previously
submitted evidence, pet treats serve the purpose of a play thing, to
entertain or amuse pets. The applicant's
goods are Identified broadly and as such are considered to include any type of pet
treat, including those in the shape of a bone, those in the shape of a stick, those made of edible material, and so on.
The applicant
argues
that tts mark is "PLAY
part of its mark has a variety
the customer's
attorney
unitary
imagination
cannot
dissect
mark as a whole.
a "THING"
of meanings,
to engage
in mental
the applicant's
When
mark
considered
with which to "PLAY,"
THINGS"
which
not "PLAYTHING"
the mark is not merely
leaps."
Apphcant's
into its component
descriptwe
Request
parts
as a whole, the mark "PLAY
is at least one of the possible
there is evidence that the composite mark itself has been used together
services, it is unnecessary
to engage m an analysis of each mdwidual
(TTAB
1998)
(TARIFF
reduce and render
"PLAY THINGS"
MANAGEMENT
merely
descriptive
or "PLAYTHINGS,"
of the identified
for Reconsideratmn
and ignore
THINGS"
functions
the overall
tmmedmtely
and as each component
goods,
"enables
at pp. 6-7. The examining
impression
conveys
or uses of pet treats.
created
by the
the lmpressmn
Furthermore,
of
when
to form a phrase that is descriptive
of the goods or
component.
In re Shlva Corp., 48 USPQ2d
1957
of computer
hardware
and computer
more efficient wide area network usage).
The examining
attorney has submitted
as two separate terms being used in the same manner as the term "PLAYTHINGS."
A - 220
but instead
programs
evidence
to control,
referring
to
Finally,
the
Applicant's
terms
applicant
Request
are terms
services.
for Reconsideration
In reDial-A-Mattress
Society,
common
commercial
goods.
Generic
merely
descriptive
188 F.3d
Operating
but are merely
are considered
Supplemental
proposed
Register.
descriptive
request
for resumption
name"
primarily
of the quality,
that is merely
1807,
attorney
without
issued
as she was not persuaded
for reconsideration
a final
refusal
The apphcation
attorney
under
under
Generic
or
§2(e)(1),
TMEP
the
or use of the
need not establish
§2(e)(1),
will be returned
purpose
registration
dlstmctxveness
arguments.
term.
for the goods
are not necessarily
feature,
be refused
acquired
for the goods."
Cal. 2001); In reAmertcan
terms
function,
refusal
claxrmng
by the applicant's
is denied.
1811 (Fed
Descriptive
should
to a first-action
Register
or class name
but the examining
descriptive
name
for an item is a generic
as the common
characteristics,
in descriptiveness,"
In response
the examining
commercial
understands
1832, 1836 (Fed. Cir. 1999)
the "ultimate
descriptive,
as the apt commercial
240 F.3d 1341, 57 USPQ2d
on the Principal
Hence,
applicant's
Board
Corp,
15 U S C. §1052(e)(1).
mark is merely
Accordingly,
public
A designation
that the mark is regastrable
be characterized
at p. 7. The "common
purchasing
mark is generic.
Act,
"can hardly
1341, 1346, 51 USPQ2d
name,
terms
of the Trademark
Appeal
that it's mark
that the relevant
FertiliO,
argues
submits
that a
under
§2(e)(1)
the applicant
merely
or amending
on the ground
Section
to the
that the
1209.02.
to the Trademark
Trial and
of the appeal.
/Jenmfer
Jermlfer
NOTICE:
Chicoska/
D. Chlcoska
TRADEMARK
OPERATION
RELOCATION
The Trademark
Operation has relocated to Alexandria,
Valgmia.
Effective October 4, 2004, all Trademark-related
paper
mail (except documents
sent to the Assignment
Services Division for recordation,
certain documents
filed under the Madrid
Protocol,
and requests
for coples
Commissioner
P.O. Box 1451
Alexandria,
Apphcants,
attorneys
Trademark
Electronic
of trademark
documents)
must be sent to:
for Trademarks
VA
22313-1451
and other Trademark
Application
System
customers
(TEAS),
are strongly
encouraged
at http'//www.uspto
A - 221
to correspond
gov/teas/mdex.html.
with the USPTO
online via the
PROCEEDINGS
Applicant
THINGS,
on
2004,
the
applied
March
the
24,
Examining
instant
mark
Appllcant's
then
the
filed
its
Attorney
Attorney's
Appeal
in
Brief.
further
her
is
filed
a
Request
Support
of
Board,
on
which
refusal
May
3,
register
descriptive
of
for
was
subsequently
2,
2004.
Applicant
with
the
March
II,
2005.
The
2005,
with
the
Examining
24,
respectfully
of
May
to
merely
December
dated
PLAY
dated
Registration
Applicant
support
mark,
Action
mark
on
responded
its
the
Attorney
Appeal
of
final
2004,
and
BELOW
Office
3,
in
Examining
an
made
November
Brief
Trial
Brief
In
that
Examining
Trademark
Reply
2003.
Applicant
on
DISPOSITION
registration
Attorney
goods.
by
for
alleging
Reconsideration
denied
AND
submits
this
registration.
ARGUMENT
I.
Applicant's
Provided
There
can
Applicant's
compound
created
is
far
refusal
mark
for
the
animal
the
that
more
a
To
be
There
THINGS"
in
any
"PLAY
sure,
mark
the
way
no
the
Goods
as
applied
THINGS,"
provides
is
of
than
Examining
descriptiveness
Examining
no
support
indication
describes
Attorney's
own
evidence
refusal.
The
Examining
00101/I1439841vi
A - 2_0
to
the
for
that
pet
the
treats
consumption.
--2-118351
Descriptive
suggestive
evidence
whatsoever.
"PLAY
Merely
doubt
accepts.
descriptiveness
Indeed,
refutes
little
Attorney
Attorney's
(I)
be
goods,
Examlnlng
2(e)
Mark
Is Not
under
the
Mark.
clearly
Attorney
the
erroneously
conveys
an
alleges
a
use
or
ineffectual
Examining
"things
to
the
to
Attorney
which
are
pet
When
treats
with;
not
imaginatlon
of
as
mark
it
and
the
appears
in
understood
or
Accordingly,
in
a
tc
cull
PLAY
THINGS.
review
sale
The
refers
defined
The
that
THINGS,
In
as
Examining
Applicant's
in
provides
as
certainly
a
great
mental
the
applied
be
of
evidence
deal
leaps
word
anything
hardly
pet
contrast,
Moreover,
the
determination
with
and
treats
Attorney
added).
leaves
engage
meaning
THINGS
evidence
manufacture
PLAY
a
the
pet
"PLAYTHING"
mind.
THINGS,"
to
can
in
to
the
between
"PLAYTHING"
but
pet
to
a
well-
treats.
characterized
as
goods.
cursory
making
Applicant's
the
PLAY
to
dictionary
words
goods,
appreclate
goods.
recognized
for
Even
come
"PLAY
the
word
words
consumer
Moreover,
toys.
the
relevant
the
descriptive
that,
the
goods.
Examining
(emphasis
to
pet
immediately
trademark,
to_"
immediately
Applicant's
The
the
THINGS"
relevant
describes
of
a
hear
the
play."
not
Applicant's
the
associated
failed
treats,
consumers
do
pets
apparently
"PLAY
classify
definition
play
has
to
the
incorrectly
dictionary
"something
wording
of
attempt
with
the
purpose
Attorney
as
goods
that
mark,
any
of
the
tenable
pet
Examining
as
to
of
the
record
descriptiveness
Examining
Attorney
relationship
treats
Attorney
-3118351.00101/I1439841vi
A - 2._1
under
reveals
the
refers
to
was
unable
the
identifying
to
of
examples
phrase,
from
the
Internet
of
encourage
toys
the
pets
as
while
"pet
the
to
THINGS
does
of
treats
pet
the
mark
mark
clearly
that
pets
are
is
to
enable
insufficient
refusal.
confused
for
Attorney
to
descriptive
as
that
pets
play.
to
support
fails
goods
to
are
and
even
and
the
play
suggest
nourishment
Further,
of
times
pet
In
fact,
distinctive
PLAY
use
for
these
submits
and
to
pet
turtles,
food,
or
not
playful,
for
how
Applicant
applied
a
the
that
clearly
relevant
them."
It
is
purpose
of
goods,
Attorney
give
proper
consideration
where
suggestive
for
not
the
pet
border
is
ill
pets
defined,
A - 252
goods
is
inaccurate
pet
treats
allegations
is
to
that
are
descriptiveness
seemingly
to
consume
the
fact
and
that
digest
toys.
between
00101/11439841vi
the
simply
Attorney's
Examining
nutrition,
of
unsubstantiated
Examining
treats
arguing
Applicant's
the
pet
by
use
Such
the
case
or
with
the
weak
purpose
-4118351.
just
ambiguous,
makes
indicates
Ultimately,
Applicant's
law
are
treats
purpose
pets.
versatile,
trademark
able
to
and
is
a
at
pet
line
describe
popular
are
shows
a
to
treats.
"the
to
for
treats
suggests.
for
pets
of
goods
pets,
THINGS
identifier
THINGS"
Examining
wrong
like
similar
these
use
misleadingly
PLAY
and
the
under
pet
of
the
Applicant's
and
immediately
The
and
use
for
"PLAY
suggestive
namely,
As
not
Again,
Attorney
snakes
is.
incorporate
hamsters
for
fish,
mark
play."
cats,
potential
the
that
Examining
dogs,
birds,
toys
finding
the
clear
the
mark
weight
of
CERTIFICATE
I hereby
foregoing
Joint
certify
OF FILING
that on this
Appendix
were
AND SERVICE
day of June,
8 th
served
via
U.S.
2006,
two bound
mail,
postage
copies
prepaid,
of the
to the
following:
Nancy C.
Associate
Office of
P.O. Box
Slutter, Esquire
Solicitor
the Solicitor
15667
Arlington,
Virginia 22215
Phone No. 571-272-9035
Counsel for Appellee
I also certify
of the foregoing
that on this 8th day of June, 2006, the required
Joint Appendix
States Court of Appeals
Filing
and service
were hand filed at the Office
for the Federal
number
of the Clerk,
Circuit.
were performed
under instruction
of counsel.
Suite 475
Washington,
DC 20006
(202) 955-0001
of copies
United