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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA981335
Filing date: 06/17/2019
IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91242863
Party PlaintiffShannon DeVivo
CorrespondenceAddress
MARY ANN NOVAKHILGERS GRABEN PLLC575 FALLBROOK BOULEVARD, SUITE 202LINCOLN, NE 68521UNITED [email protected]
Grand Prize Winner: The Hugsmiler’s Hugs: A Story About Learning Values by Jessica L. Simons
$100 Drawing Winner:
The Lost Celt by A.E. Conran
Activity Books 1st Place: Dino Mazes: The Colossal Fossil Book by Elizabeth Carpenter 2nd Place: Mindful Me Activity Book by Whitney Stewart, illustrated by Stacy Peterson
Animals/Pets
1st Place: Looking for Lola/Taco by Jennifer Kuhns, illustrated by Gabrielle Pate and Edward Luena 2nd Place (tie): Penny the Pink Nose Poodle by Dana DiSante, illustrated by Ingrid Lefebvre 2nd Place (tie): Bubby’s Puddle Pond: A Tortuga’s Tale of the Desert by Carol Hageman, illustrated by Nathaniel Jensen Honorable Mention: Cloud the Horse: Cloud and Reddy the Red‐Shouldered Hawk by Elizabeth Goodman Hardwick, illustrated by Lindsey Rowland Ellie the Wienerdog: It’s Hard to Swim by K.J. Hales, illustrated by Serene Wyatt Judah’s Promise by Irene Maslowski Noname The Feral Cat! by Cynthia O’Brien, illustrated by Anne Berry Tamara Turtle’s Life So Far by Regan W.H. Macaulay, illustrated by Javier Duarte Chuck’s Journey Home by Anne E. Soares, illustrated by Randy Jennings Miles and Jax by Kimber Iverson, illustrated by Jill Pearson Quincy the Quail Saves a Life by Barbara Renner, illustrated by Amanda M. Wells Tales From A Crowded Pet Room by Theresa Cones The Tortoise Tales by Sally Scott Guynn Tootsie McPeezalot by Sharon P. Stanley, illustrated by Jack Foster
Don’t Feed the Elephant by Sherry Ellis, illustrated by Md. Anwar Miles and Jax: Master Planners by Kimber Iverson, illustrated by Jill Pearson Wings and Feet by Lisa Reinicke, illustrated by Scot McDonald Look Out, Gentry! by Elizabeth Moerschel, illustrated by Eve Funnell Adelita by Dorothy F. Potash Super Rooster and Wonder Cat by Alma Hammond, illustrated by Hugh Keiser Bart’s Escape out the Gate by Lisa Reinicke, illustrated by Analise Black Bob’s Spiritfly by Laura Kristi Cronin, illustrated by Dominic Glover The Twin Dolphin’s Adventure: Meet Dusk and Dawn by V.A. Boeholt Cody the Pony Goes to Pony Club by Michelle Path Gifts of Spirit 2: Animals and Their Natural Gifts by Kimberly Heil Why are the Pigs Purple? by Sharon P. Stanley, illustrated by Eugene Ruble Fenix: The Fearless Feline by Corey Seemiller, illustrated by Kacey Seemiller‐Mitchell
Arts/Music
1st Place: Los pajaritos by Yolanda Borras, illustrated by David Hicock 2nd Place: Charlie the Caterpillar by Andy Gutman Honorable Mention: Pop Lullaby by Andy Gutman Singing Bird: A Child’s Story by Naejh, illustrated by Natalya Kharitonova
Best Cover Design
1st Place: Ellie the Wienerdog: It’s Hard to be Good by K.J. Hales, illustrated by Serene Wyatt 2nd Place: Castle in Danger by Karen Rita Rautenberg, illustrated by Valierie Sokolova Honorable Mention: Grandpa! Grandpa! What Will I See? by William P. Bahlke, illustrated by Lothar Speer Sonya Dor: Child Extraordinaire & Dreamer Galore by Saul Stoogenke, illustrated by Yoga D.C. Ariesta and Saul Stoogenke Red Boots: Landis and his Magical Birthday! by Adam Wacker, illustrated by Aaron Boyd A Very Squeaky Mystery by Laura Angelina & Randy Williamson Charlie the Caterpillar by Andy Gutman The Very Loving Caterpillar by Sean Browne, illustrated by Doan Trang Pop Lullaby by Andy Gutman Why Can’t Uncle Come Home? A story for children struggling with the wrongful conviction of a loved one by Christiane Joy Allison, illustrated by Liz Shine
Best Illustrations
1st Place (tie): Gifts of Spirit 2: Animals and Their Natural Gifts by Kimberly Heil 1st Place (tie): Lily Pond by Shelley Daniels Lekven
2nd Place (tie): Ellie the Wienerdog: It’s Hard to Swim by K.J. Hales, illustrated by Serene Wyatt 2nd Place (tie): Bubby’s Puddle Pond: A Tortuga’s Tale of the Desert by Carol Hageman, illustrated by Nathaniel Jensen Honorable Mention: Los pajaritos by Yolanda Borras, illustrated by David Hicock Sonya Dor: Child Extraordinaire & Dreamer Galore by Saul Stoogenke, illustrated by Yoga D.C. Ariesta and Saul Stoogenke Bart’s Escape out the Gate by Lisa Reinicke, illustrated by Analise Black Howl of the Lambergoon by Anthony Spaeth, illustrated by Marta Stawska Pop Lullaby by Andy Gutman Bill and the Little Red Plane by Jonathan Walker Miles and Jax by Kimber Iverson, illustrated by Jill Pearson Sammy’s Flame by Sam Ashkenas, illustrated by Dorene Uhrich A Very Squeaky Mystery by Laura Angelina & Randy Williamson Grandpa! Grandpa! What Will I See? by William P. Bahlke, illustrated by Lothar Speer Why Can’t Uncle Come Home? A story for children struggling with the wrongful conviction of a loved one by Christiane Joy Allison, illustrated by Liz Shine Red Boots: Landis and his Magical Birthday! by Adam Wacker, illustrated by Aaron Boyd Miles and Jax: Master Planners by Kimber Iverson, illustrated by Jill Pearson Charlie the Caterpillar by Andy Gutman Cowboy Cody by Becky Wigemyr, illustrated by Dane Larocque
Best Interior Design 1st Place: Sonya Dor: Child Extraordinaire & Dreamer Galore by Saul Stoogenke, illustrated by Yoga D.C. Ariesta and Saul Stoogenke 2nd Place: The Twin Dolphin’s Adventure: Meet Dusk and Dawn by V.A. Boeholt
Book Series
1st Place (tie): Other Life Lessons series by Meaghan Hadwyn, illustrated by Niki Snjaric 1st Place (tie): If You Were Me and Lived in... A Child’s Introduction to Cultures Around the World series by Carole P. Roman, illustrated by Kelsea Wierenga 2nd Place: If You Were Me and Lived in... An Introduction to Civilizations Throughout Time series by Carole P. Roman, illustrated by Mateya Arkova Honorable Mention: Junior Lifeguards series by Elizabeth Doyle Carey The Legend of Dragonfly Pond series by Alene Adele Roy Talking Tales series by Erica Graham The Centaur Chronicles series by M.J. Evans The Engirlneers series by Shannon DeVivo and Heather DeVivo‐Winz
Book Trailer
1st Place: Daisy, Bold & Beautiful by Ellie Collins 2nd Place: The We Belong Bunch: Pookie J.’s School Day by Dr. Samuel and Angela Johnson, illustrated by Fanny Liem Honorable Mention: Lily Pond by Shelley Daniels Lekven
Bookmark 1st Place: Martina Ballerina by Imelda Sobiloff, illustrated by David Pfendler
Chapter Books
1st Place (tie): Castle in Danger by Karen Rita Rautenberg, illustrated by Valierie Sokolova 1st Place (tie): Oh Susannah: It’s in the Bag by Carole P. Roman, illustrated by Mateya Arkova 2nd Place: The Tooth Collector Fairies: Batina’s Best First Day by Denise Ditto, illustrated by Gabhor Utomo Honorable Mention: Seaper Powers: In Search of Bleu Jay’s Treasure by Kim Cameron, illustrated by Rebekah Phillips Seaper Powers: The Mystery of the Blue Pearls by Kim Cameron, illustrated by Rebekah Phillips The Ghosts of Stony Manor by Roberta Hoffer, illustrated by Madison Gaines Gross Heroes: The Snot Free Zone by D. W. Dawson Nerdi Bunny and the Busy Bee Bully Bear Business by Aisha Toombs, illustrated by Michael Morris Hare ‘n’ There by Jenny Morris, illustrated by Sarah Hardy The Tooth Collector Fairies: Home from Decay Valley by Denise Ditto, illustrated by Gabhor Utomo Seaper Powers: The Riddle by Kim Cameron, illustrated by Rebekah Phillips Seaper Powers: The Rescue by Kim Cameron, illustrated by Rebekah Phillips
Charity/Making a Difference
1st Place (tie): Dynomike: Love Bug by Frankie B. Rabbit 1st Place (tie): The Lost Celt by A.E. Conran 1st Place (tie): When a Child Cries by Cassie Lee, illustrated by Reginald Byers 1st Place (tie): Justice Makes a Difference: The Story of Miss Freedom Fighter, Esquire by Dr. Artika Tyner and Jacklyn Milton 2nd Place: Sesame Street: Celebrate You! Celebrate Me! by Leslie Kimmelmen Honorable Mention: Chuck’s Journey Home by Anne E. Soares, illustrated by Randy Jennings
The THING on Mount Spring by Jenny Morris, illustrated by Sara Hayat The Bubble in Me by Dr. J. Alvarez The Very Loving Caterpillar by Sean Browne, illustrated by Doan Trang
Children’s Nonfiction
1st Place: Super Rooster and Wonder Cat by Alma Hammond, illustrated by Hugh Keiser 2nd Place: Buckets, Dippers, and Lids: Secrets to Your Happiness by Carol McCloud, illustrated by Glenn Zimmer Honorable Mention: Sammy the Seahorse by Martha Driscoll & Ann Driscoll, Ed.D, illustrated by Susan Andra Lion I’ve Got Dibs! A Donor Sibling Story by Amy Dorfman, illustrated by Darren Goldman
Cultural Diversity
1st Place: A Recipe for Home by Ghenwa Yehia, illustrated by Inna Ogando 2nd Place: My Brown Skin by Thomishia Booker, illustrated by Jessica Gibson Honorable Mention: The We Belong Bunch: Pookie J.’s School Day by Dr. Samuel and Angela Johnson, illustrated by Fanny Liem The Shapeless Shape by Victor Saad & David Kelley, illustrated by Edu Vea Pola’s Flower by Diana Lynne Nadeau, illustrated by Lobsang Gyatso Super Rooster and Wonder Cat by Alma Hammond, illustrated by Hugh Keiser Freedom for Me: A Chinese Yankee by Stacie Haas Bonjour! Let’s Learn French by Judy Martialay Fenella and the Enchanted Forest by K.M. Ryant Hutzel, illustrated by Denis Proulx
Educational
1st Place: Ellie Rae Discovers Eight Ways to be SMART: A book about Howard Gardner’s Theory of Multiple Intelligences by Mary R. Massey, Ed.D., illustrated by April Bensch 2nd Place: Little Katie Goes to the Moon by Carmela Dutra Honorable Mention: Talking Tales: Catch that Chinchilla by Erica Graham So You Want to Learn: Juggling by Matthew Wall
Family Matters
1st Place: A Recipe for Home by Ghenwa Yehia, illustrated by Inna Ogando 2nd Place: The Tiny Mouse by Nakita Foreman, illustrated by Mary Ann Clawson Honorable Mention: I’ve Got Dibs! A Donor Sibling Story by Amy Dorfman, illustrated by Darren Goldman
Daddy’s Family Tree by Kenneth Braswell, illustrated by Merve Terzi Stuck in Bed: The pregnancy bed rest picture book for kids ... and moms by Jennifer Degl & Angela Davids, illustrated by Jennifer Lynn Becker A Family Just Like Mine by Barbara‐Anne Puren Why Mommy Works by Meaghan Hadwyn, illustrated by Niki Snjaric Bobby Birthday by Larissa Juliano, illustrated by Joshua Allen Why Can’t Uncle Come Home?: A story for children struggling with the wrongful conviction of a loved one by Christiane Joy Allison, illustrated by Liz Shine
Fiction: Collection of Short Stories
1st Place: Winter Wonder: A Collection of Stories for Children & Young Adults by C.M Huddleston, Katherine Ladny Mitchell, D.G. Driver, M.J. Evans, Joyce McPherson, Catherine McCarran, Meg Trotter, Cassandra Davis, Rebecca Hammond Yager 2nd Place: The Tortoise Tales by Sally Scott Guynn
Food Related
1st Place: What’s On Your Plate? by Whitney Stewart, illustrated by Christiane Engel 2nd Place (tie): A Recipe for Home by Ghenwa Yehia, illustrated by Inna Ogando 2nd Place (tie): Maddy & Cole (Vol. 1): The Food Truck Grand Prix by Richie Frieman
General
1st Place: The Shapeless Shape by Victor Saad & David Kelley 2nd Place: Mason’s Messy Room by Chris McClean Honorable Mention: Aimee and Divine Inspiration: On a Journey by Diane Bourgeois
Graphic Novel
1st Place: The Hidden Loch by Marlaine Maddux White, illustrated by Claude St. Aubin 2nd Place: Audrey’s Magic Nine: Book One by Michelle Wright, illustrated by Courtney Huddleston
Green Books/Environmental
1st Place: The Natural Storyteller by Georgiana Keable, illustrated by Shirin Adl 2nd Place: The Mystical Magical Abracadabracal Daniel McDougal McDouglas McFly by Sheryl Davis, illustrated by Eric Summers Honorable Mention: Sweet T and the Turtle Team by Cat Michaels, illustrated by Irene Jahns
I Am a Butterfly: A Story About Big, Beautiful Changes by Sally Stone Magic Moon: Bears Ears by Shirley Moulton, M.S.
Growing Pains
1st Place: The Shapeless Shape by Victor Saad & David Kelley
Health
1st Place: Mindful Me: Mindfulness and Meditation for Kids by Whitney Stewart, illustrated by Stacy Peterson 2nd Place: Jayla Spreads Loving Kindness by Antonia Aviles, illustrated by Lovyaa Garg Honorable Mention: Planet Scrabbage and the Vegerons by Paul Ian Cross, illustrated by Philip Wills The Kool Kids & The Land Of The Giants by James Tate, illustrated by Jay Reed
Historical Fiction
1st Place: A Family for Leona by Beverly Stowe McClure 2nd Place: Castle in Danger by Karen Rita Rautenberg, illustrated by Valierie Sokolova Honorable Mention: Freedom for Me: A Chinese Yankee by Stacie Haas Wanted: Bronco Charlie Rides the Pony Express by Alexandra Parsons, illustrated by Beatrice Favereau
Holiday
1st Place: Catching The Christmas Spirit by Bob Outman, illustrated by Dave Franks 2nd Place (tie): Dancing Dreidels by Alva Sachs, illustrated by Patricia Krebs 2nd Place (tie): The Very Best Christmas Tree EVER! by Mark Edgar Stephens Honorable Mention: George by Roxy Morgan, illustrated by Laura Winslow Spivey’s Web by Sandra Warren, illustrated by Susan Fitzgerald Felice the Christmas Fairy by Irene Mathias, illustrated by Anja Uhren
Humor 1st Place: Cinderella’s Other Shoe by Philippa Rae, illustrated by Tevin Hansen
LGBT
1st Place: Xander’s Story by Alejandro and Christopher Garcia‐Halenar
Media Kit
1st Place: Martina Ballerina by Imelda Sobiloff, illustrated by David Pfendler
Middle Grade Fiction
1st Place: The Lost Celt by A.E. Conran 2nd Place (tie): The Centaur Chronicles: The Stone of Integrity by M.J. Evans 2nd Place (tie): The Crystilleries of Echoland by Dew Pellucid Honorable Mention: Guinevere: At the Dawn of Legend by Cheryl Carpinello, illustrated by Zyad Kadri Gross Heroes: The Snot Free Zone by D. W. Dawson The Longest Halloween: Gabbie Del Toro and the Mystery of the Warlock’s Urn by Frank Wood Danny and the DreamWeaver by Mark Poe Castle in Danger by Karen Rita Rautenberg, illustrated by Valierie Sokolova The Villains of Splazat by Jesse Arrington III The Tortoise Tales by Sally Scott Guynn
Mystery
Honorable Mention: Some Dude Fell Overboard by Grant Fieldgrove
Outdoor Recreation
1st Place: Cowboy Cody by Becky Wigemyr, illustrated by Dane Larocque
Picture Books 5 & Younger
1st Place (tie): Half‐Cat by DJ Corchin, illustrated by Tyler Hawx 1st Place (tie): How to Move an Elephant by AJA 1st Place (tie): Never Have I Ever Seen by MaryKate Cohane, illustrated by Bonnie Wiegand 1st Place (tie): The Hugsmiler’s Hugs: A Story About Learning Values by Jessica L. Simons 2nd Place: Pop Lullaby by Andy Gutman Honorable Mention: 5,4,3,2,1 Ka‐Boom! by Sarah Stevenson, illustrated by Ozzy Esha Cassie Pup Takes the Cake?? by Sheri Poe‐Pape Los pajaritos by Yolanda Borras, illustrated by David Hicock Cowboy Cody by Becky Wigemyr, illustrated by Dane Larocque Every Month I Love You More by Ashley West Grandpa! Grandpa! What Will I See? by William P. Bahlke, illustrated by Lothar Speer I Am a Butterfly: A Story About Big, Beautiful Changes by Sally Stone
Little Mouse’s Sweet Treat by Shana Hollowell, illustrated by Jennifer Finch Brayden’s Magical Carousel Horse by Anita A. Caruso, illustrated by Randy Jennings Brayden’s Magical Forest by Anita A. Caruso , illustrated by Randy Jennings More Than A Princess by Shaista Pabla, illustrated by Drew Maunula Sir Walter Farluba by Donna LeBlanc, illustrated by Anton Servetnik Brayden’s Magical Jungle by Anita A. Caruso, illustrated by Randy Jennings Bronson Has A Toothache by Cynthia Ng Peggy Pelican Goes Fishing by Janet Givens Why Can’t Uncle Come Home?: A story for children struggling with the wrongful conviction of a loved one by Christiane Joy Allison, illustrated by Liz Shine The Twin Dolphin’s Adventure: Meet Dusk and Dawn by V.A. Boeholt A Very Squeaky Mystery by Laura Angelina & Randy Williamson Things Can Grow Between Your Toes! by Laurie L. Bolanos Sonya Dor: Child Extraordinaire & Dreamer Galore by Saul Stoogenke, illustrated by Yoga D.C. Ariesta and Saul Stoogenke Growing Up Tobey: The First Year by Caroline Barthen, illustrated by Blueberry Illustrations Bart’s Escape out the Gate by Lisa Reinicke, illustrated by Analise Black Martina Ballerina by Imelda Sobiloff, illustrated by David Pfendler Gillie Can Share by Sarah‐Leigh Wills Charlie the Caterpillar by Andy Gutman Ellie the Wienerdog: It’s Hard to be Good by K.J. Hales, illustrated by Serene Wyatt Talking Tales: Puppy’s Bubble by Erica Graham Sammy’s Flame by Sam Ashkenas, illustrated by Dorene Uhrich I Don’t Like Vegetables! by Mrs C, illustrated by Crosland Jennings Oogie’s Rainy Day Adventure by Michael Weinbergrer, illustrated by Steve Bonham
Picture Books 6 & Older
1st Place (tie): Dancing Dreidels by Alva Sachs, illustrated by Patricia Krebs 1st Place (tie): Ellie the Wienerdog: It’s Hard to Swim by K.J. Hales, illustrated by Serene Wyatt 1st Place (tie): Grandpa! Grandpa! What Will I See? by William P. Bahlke, illustrated by Lothar Speer 1st Place (tie): I Am a Butterfly: A Story About Big, Beautiful Changes by Sally Stone 1st Place (tie): Lily Pond by Shelley Daniels Lekven 1st Place (tie): Martina Ballerina by Imelda Sobiloff, illustrated by David Pfendler 1st Place (tie): Red Boots: Landis and his Magical Birthday! by Adam Wacker, illustrated by Aaron Boyd 1st Place (tie): Sammy the Seahorse by Martha Driscoll & Ann Driscoll, Ed.D, illustrated by Susan Andra Lion 1st Place (tie): Sonya Dor: Child Extraordinaire & Dreamer Galore by Saul Stoogenke, illustrated by Yoga D.C. Ariesta and Saul Stoogenke 1st Place (tie): The Blue Footies by Joan Dee Wilson 1st Place (tie): The Hugsmiler’s Hugs: A Story About Learning Values by Jessica L. Simons 2nd Place (tie): A Tale About Ears by Joshua August, illustrated by Jonas Scott
2nd Place (tie): The Krayon Kids by Karen Márquez Morales, illustrated by Caitlyn Notaro Honorable Mention: Bubby’s Puddle Pond: A Tortuga’s Tale of the Desert by Carol Hageman, illustrated by Nathaniel Jensen Gifts of Spirit 2: Animals and Their Natural Gifts by Kimberly Heil The Smiley Face Blatoon Lady by Nefari Ydarb, illustrated by Araceli Casas Big Fish Dreams by Lori Fisher Peelen, illustrated by Consie Powell The Wish by Tara McCarton, illustrated by Allison Lagueux Lester, The Scared Little Leaf by Nina Gardner, illustrated by Chad Thompson Sammy the Station Wagon by Tal Nuriel, illustrated by Aidar Zeineshev The Mystical Magical Abracadabracal Daniel McDougal McDouglas McFly by Sheryl Davis, illustrated by Eric Summers Up and Down Twins by Susan Manzke, illustrated by Rachel Manzke A Recipe for Home by Ghenwa Yehia, illustrated by Inna Ogando Wings and Feet by Lisa Reinicke, illustrated by Scot McDonald Planet Scrabbage and the Vegerons by Paul Ian Cross, illustrated by Philip Wills Miles and Jax: Master Planners by Kimber Iverson, illustrated by Jill Pearson The Most Splendidly Spectacular Circus of Starborough by Michelle Path, illustrated by Hanna Purkiss Crazy Crab by Mark C. Evans, illustrated by Steve Page Noname The Feral Cat! by Cynthia O’Brien, illustrated by Anne Berry Why Can’t Uncle Come Home?: A story for children struggling with the wrongful conviction of a loved one by Christiane Joy Allison, illustrated by Liz Shine Eli’s Magic Moment by Kevin Poplawski, illustrated by Michael Rausch Odonata: The Flying Jewel of Maiden Grass Pond by Barbara Gervais Ciancimino, illustrated by Steve McGinnis Veva and the Beaver by Carlos F. Tarrac Bill and the Little Red Plane by Jonathan Walker Xalien the Purple Alien: Xalien Goes to the Zoo by Michelle Path, illustrated by Charlotte Roberts The Power of Me by Gibson Maximillian Sabalos, illustrated by Lisa J. Michaels "Your Name" and the Dolphin by Saskia Reusens, illustrated by Katrien Van Schuylenbergh Cody the Pony Goes to Pony Club by Michelle Path Miles and Jax by Kimber Iverson, illustrated by Jill Pearson Dragonfly Surprise by Theresa A. O’Kane, illustrated by Tamara R. Sayre Adelita by Dorothy F. Potash Buckets, Dippers, and Lids: Secrets to Your Happiness by Carol McCloud, illustrated by Glenn Zimmer The Twin Dolphin’s Adventure: Meet Dusk and Dawn by V.A. Boeholt Pharaoh’s Arrow by George Neeb Clondike and Mudo’s Adventure by M.C. Armbruster The THING on Mount Spring by Jenny Morris, illustrated by Sara Hayat The Moon and Star by Peggy Sullivan The One and Only Owen by Nicole Evans Haumesser Hare ‘n’ There by Jenny Morris, illustrated by Sarah Hardy How Christmas Got its Colors by Jim Melko, illustrated by Sammi Davis
A Dozen Differences by Kirsten Elaine, illustrated by Gabriela Alayón Nanny in the Nursery by L.M. Azpiazu New Jack Rabbit City: A Colorful Children’s Story by Gail Galvan & Mike Evanouski
Poetry
1st Place: Shimmer, Songs of Night by Raven Howell 2nd Place: American Days by Georgina Schroeder
School Issues
1st Place (tie): Bury the Bully by Stefanie Noonan 1st Place (tie): Kindness is Key by Alexis Bloomer 1st Place (tie): Sophie Washington: The Snitch by Tonya Duncan Ellis 1st Place (tie): The Shapeless Shape by Victor Saad & David Kelley 2nd Place: Adriann Takes a Stand by Melondy Roberson, illustrated by Roszella Roberson‐Offord Honorable Mention: Oh Susannah: Things That Go Bump by Carole P. Roman, illustrated by Mateya Arkova The Thumb Book of Kindness by Tevin Hansen and Nichole Hansen Buckets, Dippers, and Lids: Secrets to Your Happiness by Carol McCloud, illustrated by Glenn Zimmer Magic Moon: A New Beginning by Shirley Moulton, M.S. The Big Cheese Festival by S. Jackson & A. Raymond, illustrated by Mary Schmidt Wings and Feet by Lisa Reinicke, illustrated by Scot McDonald Bobby Birthday by Larissa Juliano, illustrated by Joshua Allen The CrimeFighters: The Heroes Stop a Bully by Chris McClean Odonata: The Flying Jewel of Maiden Grass Pond by Barbara Gervais Ciancimino, illustrated by Steve McGinnis
Science Fiction/Fantasy
1st Place: The Keeper of Fire by Davina Marie Liberty 2nd Place (tie): The Aeonians by J.E. Klimov 2nd Place (tie): The Great & the Small by A.T. Balsara Honorable Mention: The Uncontrolled by Zachary Astrowsky The Adventures of Biker Frog and Lady White Bear Volume Three: The Hermit by C. Kindler
2nd Place: Dragonfly Surprise by Theresa A. O’Kane, illustrated by Tamara R. Sayre Honorable Mention: The A in Autism Stands For Awesome by Lindsay James, illustrated by Jamie Wolenter A Very Tubie Christmas by Meikele Lee, illustrated by Rebecca Robertson Arianna’s Magic Boots by Karen Gasperini, illustrated by Deanna McRae Arianna’s Magic Boots VOL 2: Underwater Sea Adventure by Karen A. Gasperini, illustrated by Deanna McRae Sophie and the Magical Wheelchair by Kari Kadrmas
Spiritual/Religious
1st Place (tie): The Kool Kids & The Land Of The Giants by James Tate, illustrated by Jay Reed 1st Place (tie): Bob’s Spiritfly by Laura Kristi Cronin, illustrated by Dominic Glover 2nd Place: Sometimes Someone Dies by Meaghan Hadwyn, illustrated by Niki Snjaric Honorable Mention: Dear Diary: My Brother Died Today by Suzanne Gene Courtney Noname The Feral Cat! by Cynthia O’Brien, illustrated by Anne Berry An Angel from Above / Un angel desde arriba by Dr. Ma. Alma Gonzalez Perez, illustrated by Patricia Gonzalez Stella’s Story: Dealing With Sibling Loss by Amanda Seefeld Markle, illustrated by Christopher Bowman The Tiny Mouse by Nakita Foreman, illustrated by Mary Ann Clawson Judah’s Promise by Irene Maslowski After ‘While, Crocodile by Jack Runion, illustrated by Emmalee Ellison Pola’s Flower by Diana Lynne Nadeau, illustrated by Lobsang Gyatso When a Child Cries by Cassie Lee, illustrated by Reginald Byers
Sports
1st Place: Skating Forward: Olympic Memories, Olympic Spirit by Joanne Vassallo Jamrosz 2nd Place: Junior Lifeguards by Elizabeth Doyle Carey Honorable Mention: Lionel Messi: A Soccer Star Who Cares by Kimberly Gatto
STEM (Science, Technology, Engineering & Math)
1st Place: Geometry is Fun for Me by Vicky Owyang Chan, illustrated by Crystal Ferguson 2nd Place: Little Katie Goes to the Moon by Carmela Dutra Honorable Mention: The Engirlneers Protect the Ground Water by Shannon DeVivo and Heather DeVivo‐Winz My Mummy is a Scientist by Kerrine Bryan & Jason Bryan, illustrated by Marissa Peguinho
Unpublished Manuscript
1st Place: Drifty; Broken to Beautiful. A (Mostly) True Story by Dave Ives, illustrated by John Loyer 2nd Place: The Tale of the Different by Bianca Staines Honorable Mention: Brutal Hackage: A Young Adult Thriller by Jane Frances Ruby
Young Adult Fiction
1st Place: A Drop of Blue by Isa Briarwood 2nd Place: The Great & the Small by A.T. Balsara Honorable Mention: The Crystilleries of Echoland by Dew Pellucid IF by Mike and Renee Winterbauer
1st Place: The Power of Me by Gibson Maximillian Sabalos, illustrated by Lisa J. Michaels
* E‐Book Award Winners *
Arts/Music 1st Place: Mr. Hoopeyloops and His Amazing Glass by Andi Cann, illustrated by Fabrice Bertolettp
Best Illustrations 1st Place: Theseus by Simon Spence
Chapter Books
1st Place: Sweet T and the Turtle Team by Cat Michaels, illustrated by Irene Jahns 2nd Place: The Girl by Leeah V, illustrated by Sammy Jay
Charity/Making a Difference
1st Place: From Riches to Rags by Jaclyn Howell
Children’s Nonfiction
1st Place: If You Were Me an Lived In... Cuba: A Child’s Introduction to Cultures Around the World by Carole P. Roman
Cultural Diversity
1st Place: Alabama Oh by Andi Cann, illustrated by Micaela Stefano 2nd Place: If You Were Me and Lived in...the Ancient Mali Empire: An Introduction to Civilizations Throughout Time by Carole P. Roman, illustrated by Mateya Arkova
Family Matters 1st Place: Selah’s Painted Dream by Susan Count Hastings, illustrated by Elena Shved 2nd Place: Can A Princess be A Firefighter? by Carole P. Roman, illustrated by Mateya Arkova Honorable Mention: Someone You Love Has Cancer: A Child’s Guide to Understanding by Robin Martin, illustrated by Kalpa Joshi The Love That Dare Not Speak Its Name: Short Stories by Fiza Pathan
Green Books/Environmental 1st Place: Mermaids on a Mission to Save the Oceans by Janet Balletta, illustrated by Alyssa Figueroa & Alexander C. Appello 2nd Place: The Futurevators by S. Thomas, illustrated by G. Thomas Honorable Mention: Nuclear! (The Rosemary Series Book 1) by Alan French The Plastic Pollution Adventure by Monty J. McClaine, illustrated by Abira Das Wide as the Wind by Edward Stanton
Growing Pains 1st Place: Captain No Beard: An Imaginary Tale of a Pirate’s Life by Carole P. Roman
Health 1st Place: Special Food for Sam by Dr. Nicole Audet, illustrated by Mylène Villeneuve 2nd Place: Felix Is Curious About His Body by Dr. Nicole Audet, illustrated by Mylène Villeneuve
Humor 1st Place: Dragon Breath by Dixie Phillips, illustrated by Jacob Gibson
LGBT 1st Place: Jake, Lucid Dreamer by David J. Naiman 2nd Place: The Love That Dare Not Speak Its Name: Short Stories by Fiza Pathan
Middle Grade Fiction 1st Place: Special Food for Sam by Dr. Nicole Audet, illustrated by Mylène Villeneuve 2nd Place (tie): Felix Is Curious About His Body by Dr. Nicole Audet, illustrated by Mylène Villeneuve 2nd Place (tie): Daisy, Bold & Beautiful by Ellie Collins Honorable Mention: Hedda Stein‐Sun’s UnRemembered Islands by Anthony Nordvik‐Nash
Picture Books 5 & Younger 1st Place (tie): Mother’s Day with Snowman Paul by Yossi Lapid, illustrated by Joanna Pasek 1st Place (tie): Rocket‐Bye by Carole P. Roman, illustrated by Mateya Arkova 2nd Place: Cub’s Wish by Angie Flores, illustrated by Yidan Yuan Honorable Mention: Snuggle, Sniggle, and Sometimes, Snickle by Stephen Spivey, illustrated by Adam Hembrough Sarah’s Shadow by Nick Jones, illustrated by Si Clark Theseus by Simon Spence A Flag for the Flying Dragon: A Captain No Beard Story by Carole P. Roman
School Issues
1st Place: Daisy, Bold & Beautiful by Ellie Collins 2nd Place: From Riches to Rags by Jaclyn Howell
Science Fiction/Fantasy
1st Place: Esme’s Wish by Elizabeth Foster
Special Needs/Disability Awareness 1st Place: My Special Mind by Laura and Trey Day
Spiritual/Religious 1st Place: From Riches to Rags by Jaclyn Howell
STEM (Science, Technology, Engineering & Math) Honorable Mention: The Beedog by Addie Broussard, illustrated by Joyeeta Neogi
Young Adult Fiction 1st Place: My Crunchy Life by Mia Kerick 2nd Place: Adele and the Giant King by Izzy Beisiegel Honorable Mention: Owl Eyes: A Fairy Tale by Molly Lazer Lucid World by Denise Lammi
EXHIBIT 15
EXHIBIT 17
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2021)
Trademark/Service Mark Application, Principal Register
Serial Number: 87863365
Filing Date: 04/04/2018
The table below presents the data as entered.
Input Field Entered
SERIAL NUMBER 87863365
MARK INFORMATION
*MARK ENGIRLNEER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT ENGIRLNEER
MARK STATEMENTThe mark consists of standard characters, without claim to any particular font
style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK Shannon DeVivo
*STREET 736 N. 13th Street
*CITY Blair
*STATE
(Required for U.S. applicants)Nebraska
*COUNTRY United States
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)68008
LEGAL ENTITY INFORMATION
TYPE individual
COUNTRY OF CITIZENSHIP United States
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS 016
*IDENTIFICATION Books; notebooks
FILING BASIS SECTION 1(a)
FIRST USE ANYWHERE DATE At least as early as 12/29/2017
FIRST USE IN COMMERCE DATE At least as early as 12/29/2017
SPECIMEN FILE NAME(S)
ORIGINAL PDF FILE SPE0-18417842145-20180404160317810941_._Engirlneer_spec.pdf
SIGNATORY'S POSITION Attorney of Record, Nebraska bar member
SIGNATORY'S PHONE NUMBER 402-496-0300
DATE SIGNED 04/04/2018
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2021)
Trademark/Service Mark Application, Principal Register
Serial Number: 87863365
Filing Date: 04/04/2018
To the Commissioner for Trademarks:
MARK: ENGIRLNEER (Standard Characters, see mark)
The literal element of the mark consists of ENGIRLNEER.
The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Shannon DeVivo, a citizen of United States, having an address of
736 N. 13th Street
Blair, Nebraska 68008
United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
International Class 016: Books; notebooks
In International Class 016, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at
least as early as 12/29/2017, and first used in commerce at least as early as 12/29/2017, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed
goods/services, consisting of a(n) A copy of a page from the website showing the mark on the product.
STRICT DEADLINE TO RESPOND TO THIS LETTERTO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’SCOMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSETRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFOREMIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely tothe issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SUMMARY OF ISSUES:
PRIOR-FILED PENDING APPLICATIONS MAY PRESENT BAR TO REGISTRATION- ADVISORY ONLYAMENDMENT TO THE IDENTIFICATION OF GOODS REQUIRED
SEARCH RESULTS
The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered
marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, marks in prior-filed
pending applications may present a bar to registration of applicant’s mark.
PRIOR-FILED PENDING APPLICATIONS MAY PRESENT BAR TO REGISTRATION- ADVISORY ONLY
Information regarding pending Application Serial Nos. 87690220 and 87820069 is enclosed. The filing dates of the referenced applicationsprecede applicant’s filing date. There may be a likelihood of confusion under Trademark Act Section 2(d) between applicant’s mark and thereferenced marks. If one or more of the referenced applications register, registration may be refused in this case under Section 2(d). 37 C.F.R.§2.83; TMEP §§1208 et seq. Therefore, upon entry of a response to this Office action, action on this case may be suspended pending finaldisposition of the earlier-filed applications.
If applicant believes that there is no potential conflict between this application and the earlier-filed applications, then applicant may presentarguments relevant to the issue in a response to this Office action. The election not to submit arguments at this time in no way limits applicant’sright to address this issue at a later point.
However, applicant must respond to the issue below.
AMENDMENT TO THE IDENTIFICATION OF GOODS REQUIRED
The wording in the identification of goods is indefinite and must be clarified for the reasons set forth below. See 37 C.F.R. §2.32(a)(6); TMEP§1402.01.
Specifically, the applicant must specify the field of subject matter of its “books,” such as “in the field of engineering.”
Please note that the identification “notebooks” is acceptable as written.
Applicant may substitute the following wording, if accurate:
Class 16: Books in the field of {specifying particular field or subject matter, such as “engineering”} ; notebooks.
Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably
amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deletingitems to result in a more specific identification; however, applicant may not substitute different goods or add goods not found or encompassed bythose in the original application or as acceptably amended. See TMEP §1402.06(a)-(b).
The scope of the goods sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of thewording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods will further limit scope, and oncegoods are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. AcceptableIdentification of Goods and Services Manual. See TMEP §1402.04.
RESPONSE GUIDELINES
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mailcommunications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to thisOffice action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in thisOffice action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02,709.06.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONALREQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application onlineusing the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Officeactions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b);TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125per class of goods. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RFapplicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additionalfee.
TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from theissue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assignedtrademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond tothis Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind anapplicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign theresponse.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or officialnotices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system athttp://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact theTrademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checkingstatus, see http://www.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
ON 7/25/2018 FOR U.S. APPLICATION SERIAL NO. 87863365
Please follow the instructions below:
(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on“Documents.”
The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24hours of this e-mail notification.
(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicableresponse time period. Your response deadline will be calculated from 7/25/2018 (or sooner if specified in the Office action). A responsetransmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of theresponse period. For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails asresponses to Office actions. Instead, the USPTO recommends that you respond online using the TEAS response form located athttp://www.uspto.gov/trademarks/teas/response_forms.jsp.
(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. Fortechnical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please [email protected].
WARNING
Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. Formore information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO areusing information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that
closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay“fees.”
Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official documentfrom the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United StatesPatent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handleprivate company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)
Response to Office Action
The table below presents the data as entered.
Input Field Entered
SERIAL NUMBER 87863365
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/87863365/large
LITERAL ELEMENT ENGIRLNEER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENTThe mark consists of standard characters, without claim to any particular font style,
size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 016
DESCRIPTION Books; notebooks
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 12/29/2017
FIRST USE IN COMMERCE DATE At least as early as 12/29/2017
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 016
TRACKED TEXT DESCRIPTION
Books; Children's books; notebooks
FINAL DESCRIPTION Children's books; notebooks
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 11/11/2017
FIRST USE IN COMMERCE DATE At least as early as 11/11/2017
STATEMENT TYPE
"The substitute (or new, or originally submitted, if appropriate) specimen(s)
was/were in use in commerce at least as early as the filing date of the
application"[for an application based on Section 1(a), Use in Commerce] OR "The
substitute (or new, or originally submitted, if appropriate) specimen(s)
was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use" [for
an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is
a true copy of the specimen that was originally submitted with the application,
amendment to allege use, or statement of use" [for an illegible specimen].
SIGNATORY'S POSITION Attorney of Record, Nebraska bar member
SIGNATORY'S PHONE NUMBER 4024960300
DATE SIGNED 07/30/2018
RESPONSE SIGNATURE /matthew a poulsen/
SIGNATORY'S NAME Matthew Poulsen
SIGNATORY'S POSITION Attorney of Record Nebraska, bar member
SIGNATORY'S PHONE NUMBER 4024960300
DATE SIGNED 07/30/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jul 30 13:21:34 EDT 2018
TEAS STAMP
USPTO/ROA-XXX.XXX.XX.XXX-
20180730132134797250-8786
3365-6107f68316735d261b6a
09b1c88c2bf868df9542ae6a7
ad13b4c2fa245b342cee-N/A-
N/A-20180730125628841600
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)
Response to Office Action
To the Commissioner for Trademarks:
Application serial no. 87863365 ENGIRLNEER(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87863365/large) has been
amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Books; notebooks
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
was first used at least as early as 12/29/2017 and first used in commerce at least as early as 12/29/2017 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Books; Children's books; notebooks
Class 016 for Children's books; notebooks
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
was first used at least as early as 11/11/2017 and first used in commerce at least as early as 11/11/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 016 . The specimen(s) submitted consists of Copies of screen shots from the
website showing the mark being used and a copy of the book that was downloadable on the website on the dates of first use. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if
appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the
filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true
copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible
The trademark examining attorney is suspending action on the application for the reason stated below. See 37 C.F.R. §2.67; TMEP §§716 etseq.
The effective filing dates of the pending applications identified below precede the filing date of applicant’s application. If one or more of themarks in the referenced applications registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood ofconfusion with that registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application issuspended until the earlier-filed referenced applications either register or abandon. 37 C.F.R. §2.83(c). A copy of information relevant to this
The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademarkexamining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP§§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.
No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry orLetter of Suspension” form online at http://teasroa.uspto.gov/rsi/rsi.
NOTE: The requirement for a definite identification of goods is satisfied.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONALREQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application onlineusing the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Officeactions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b);TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125per class of goods. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RFapplicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additionalfee.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or officialnotices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system athttp://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact theTrademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checkingstatus, see http://www.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the Trademark Electronic Application System (TEAS) form athttp://www.uspto.gov/trademarks/teas/correspondence.jsp.
ON 9/7/2018 FOR U.S. APPLICATION SERIAL NO.87863365
Please follow the instructions below:
(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov/, enter the U.S. application serial number, and click on“Documents.”
The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24hours of this e-mail notification.
(2) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. Fortechnical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please [email protected].
WARNING
PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO areusing information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names thatclosely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay“fees.”
Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official documentfrom the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United StatesPatent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handleprivate company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2021)
Trademark/Service Mark Application, Principal Register
Serial Number: 88060899
Filing Date: 08/01/2018
The table below presents the data as entered.
Input Field Entered
SERIAL NUMBER 88060899
MARK INFORMATION
*MARK ENGIRLNEER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT ENGIRLNEER
MARK STATEMENTThe mark consists of standard characters, without claim to any particular font
style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK Shannon DeVivo
*STREET 736 N. 13th Street
*CITY Blair
*STATE
(Required for U.S. applicants)Nebraska
*COUNTRY United States
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)68008
LEGAL ENTITY INFORMATION
TYPE individual
COUNTRY OF CITIZENSHIP United States
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS 035
*IDENTIFICATION
Information services, namely, providing information to young women and
girls seeking careers in the fields engineering, science, technology, and math;
providing interactive online information services to young women and girls
seeking careers in the fields of engineering, science, technology, and math
FILING BASIS SECTION 1(a)
FIRST USE ANYWHERE DATE At least as early as 10/23/2017
FIRST USE IN COMMERCE DATE At least as early as 10/23/2017
SPECIMEN FILE NAME(S)
ORIGINAL PDF FILE SPE0-18417842145-20180801095835185643_._1821.Specimen_1.pdf
SIGNATORY'S POSITION Attorney of Record, Nebraska bar member
SIGNATORY'S PHONE NUMBER 402-496-0300
DATE SIGNED 08/01/2018
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2021)
Trademark/Service Mark Application, Principal Register
Serial Number: 88060899
Filing Date: 08/01/2018
To the Commissioner for Trademarks:
MARK: ENGIRLNEER (Standard Characters, see mark)
The literal element of the mark consists of ENGIRLNEER.
The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Shannon DeVivo, a citizen of United States, having an address of
736 N. 13th Street
Blair, Nebraska 68008
United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
International Class 035: Information services, namely, providing information to young women and girls seeking careers in the fields
engineering, science, technology, and math; providing interactive online information services to young women and girls seeking careers in the
fields of engineering, science, technology, and math
In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at
least as early as 10/23/2017, and first used in commerce at least as early as 10/23/2017, and is now in use in such commerce. The applicant is
submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed
goods/services, consisting of a(n) Copies of pages from the website showing the mark being used for the services.
TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the
issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.
For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned
trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an
applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the
response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official
notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking
status, see http://www.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)
Response to Office Action
The table below presents the data as entered.
Input Field Entered
SERIAL NUMBER 88060899
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88060899/large
LITERAL ELEMENT ENGIRLNEER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENTThe mark consists of standard characters, without claim to any particular font style,
size or color.
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Information services, namely, providing information to young women and girls seeking careers in the fields engineering, science, technology,
and math; providing interactive online information services to young women and girls seeking careers in the fields of engineering, science,
technology, and math
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 10/23/2017
FIRST USE IN COMMERCE DATE At least as early as 10/23/2017
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Information services, namely, providing information to young women and girls seeking careers in the fields engineering, science, technology,
and math; Information services, namely, providing career information to young women and girls seeking careers in the fields engineering,
science, technology, and math; providing interactive online information services to young women and girls seeking careers in the fields of
engineering, science, technology, and math; providing interactive online career information services to young women and girls seeking careers
in the fields of engineering, science, technology, and math
FINAL DESCRIPTION
Information services, namely, providing career information to young women and girls seeking careers in the fields engineering, science,
technology, and math; providing interactive online career information services to young women and girls seeking careers in the fields of
engineering, science, technology, and math
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 10/23/2017
FIRST USE IN COMMERCE DATE At least as early as 10/23/2017
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Providing a website featuring educational information in the field of engineering, science, technology, math, namely, for young women and
girls pursuing a career in these fields; providing online non-downloadable educational information in the field of engineering, science,
technology, and math
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 10/23/2017
FIRST USE IN COMMERCE DATE At least as early as 10/23/2017
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Providing a website featuring educational information in the field of engineering, science, technology, math, namely, for young women and
girls pursuing a career in these fields; Providing a website featuring educational information in the academic fields of engineering, science,
technology, math, namely, for the purpose of academic study for young women and girls pursuing a career in these fields; providing online
non-downloadable educational information in the field of engineering, science, technology, and math; providing online non-downloadable
educational information in the academic fields of engineering, science, technology, and math for the purpose of academic study
FINAL DESCRIPTION
Providing a website featuring educational information in the academic fields of engineering, science, technology, math, namely, for the
purpose of academic study for young women and girls pursuing a career in these fields; providing online non-downloadable educational
information in the academic fields of engineering, science, technology, and math for the purpose of academic study
FILING BASIS Section 1(a)
FIRST USE ANYWHERE DATE At least as early as 10/23/2017
FIRST USE IN COMMERCE DATE At least as early as 10/23/2017
STATEMENT TYPE
"The substitute (or new, or originally submitted, if appropriate) specimen(s)
was/were in use in commerce at least as early as the filing date of the
application"[for an application based on Section 1(a), Use in Commerce] OR "The
substitute (or new, or originally submitted, if appropriate) specimen(s)
was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use" [for
an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is
a true copy of the specimen that was originally submitted with the application,
amendment to allege use, or statement of use" [for an illegible specimen].
SPECIMEN FILE NAME(S)
ORIGINAL PDF FILE SPU1-18417842145-20190520141916961628_._1861.sub_specimen_41.pdf
SIGNATORY'S POSITION Attorney of Record Nebraska, bar member
SIGNATORY'S PHONE NUMBER 402 496-0300
DATE SIGNED 05/20/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon May 20 15:43:49 EDT 2019
TEAS STAMP
USPTO/ROA-XXX.XXX.XX.XXX-
20190520154349423466-8806
0899-62015f2758a36cfc528b
57ae516a67b198d3678d92160
f08274466cea53a257d6-N/A-
N/A-20190520141916961628
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)
Response to Office Action
To the Commissioner for Trademarks:
Application serial no. 88060899 ENGIRLNEER(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88060899/large) has been
amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Information services, namely, providing information to young women and girls seeking careers in the fields engineering,
science, technology, and math; providing interactive online information services to young women and girls seeking careers in the fields of
engineering, science, technology, and math
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
was first used at least as early as 10/23/2017 and first used in commerce at least as early as 10/23/2017 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Information services, namely, providing information to young women and girls seeking careers in the fields
engineering, science, technology, and math; Information services, namely, providing career information to young women and girls seeking
careers in the fields engineering, science, technology, and math; providing interactive online information services to young women and girls
seeking careers in the fields of engineering, science, technology, and math; providing interactive online career information services to young
women and girls seeking careers in the fields of engineering, science, technology, and math
Class 035 for Information services, namely, providing career information to young women and girls seeking careers in the fields engineering,
science, technology, and math; providing interactive online career information services to young women and girls seeking careers in the fields of
engineering, science, technology, and math
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
was first used at least as early as 10/23/2017 and first used in commerce at least as early as 10/23/2017 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Providing a website featuring educational information in the field of engineering, science, technology, math, namely, for
young women and girls pursuing a career in these fields; providing online non-downloadable educational information in the field of engineering,
science, technology, and math
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
was first used at least as early as 10/23/2017 and first used in commerce at least as early as 10/23/2017 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Providing a website featuring educational information in the field of engineering, science, technology, math,
namely, for young women and girls pursuing a career in these fields; Providing a website featuring educational information in the academic fields
of engineering, science, technology, math, namely, for the purpose of academic study for young women and girls pursuing a career in these
fields; providing online non-downloadable educational information in the field of engineering, science, technology, and math; providing online
non-downloadable educational information in the academic fields of engineering, science, technology, and math for the purpose of academic
study
Class 041 for Providing a website featuring educational information in the academic fields of engineering, science, technology, math, namely, for
the purpose of academic study for young women and girls pursuing a career in these fields; providing online non-downloadable educational
information in the academic fields of engineering, science, technology, and math for the purpose of academic study
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
was first used at least as early as 10/23/2017 and first used in commerce at least as early as 10/23/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 041 . The specimen(s) submitted consists of Pages from the website showing the
mark being used for the services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if
appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the
filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true
copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible