Applicant should notify the Board immediately if it has not filed a timely request for reconsideration and does not intend to do so.

A request for reconsideration, which may or may not include an amendment, must be filed with the Trademark Examining Operation, and may be filed via TEAS, using the Response to Office Action form.1 In view of the filing of the request for reconsideration/amendment, the appeal is hereby instituted, but action on the appeal is suspended and the application is remanded to the examining attorney to consider the request for reconsideration/amendment.

In the event the refusal of registration is maintained, and assuming that the request for reconsideration/amendment does not raise a new issue, the application will be returned to the Board, proceedings in the appeal will be resumed, and applicant will be allowed time in which to file an appeal brief.

An Amendment to Allege Use will be treated in the same manner as any amendment; if registrability is found on the basis of the AAU, the appeal will be moot; if the AAU raises a new issue, the examining attorney may not make a refusal final until applicant has been given an opportunity to respond.

The examining attorney should forward the application to the ITU/Divisional Unit of the Office to act on the request to divide.

Trademark Trial and Appeal Board Electronic Filing System.

First Use: 0 First Use In Commerce: 0 All goods and services in the class are appealed, namely: Printed matter and printed publications, namely, children's books, children's interactive educational books, picture books, series of fiction works, namely, novels, story books, talking children's books, recipe books, bookmarks, scripts, prints, notebooks, address books, books for personal use being appointment books,calendars, diaries, greetings cards, post cards, sheet music, musical scores, writing instruments, pens, pencils, posters, graphic prints, writing books, all of the foregoing relating to a musical stage play or a book, and not to a motion picture; magazines in the field of children's entertainment, writing, literature, and encouraging and inspiring creativity, envelopes, stationery, writing paper, note cards, wrapping paper, gift packaging being gift wrapping paper and ribbons of paper, paper bags, plastic bags for packaging, gift boxes, cardboard household storage boxes, card- board boxes, paper boxes, decals, paper crafts materialsbeing made of paper, stickers, sticker albums, activity books, printed instructional materials in the nature of lesson plans, quizzes and puzzles for chil- dren,printed teaching materials in the nature of lesson plans, quizzes and puzzles for children, crayons, artists' materialsbeing paint brushes, photographs, pictures, paper party bags, table linen of paper, coast- ers of paper, paper party decorations, napkins of paper, paper bunting, collectible trading cards, advent calendars, Christmas cards, self-adhesive tape for stationery or household purposes,photo albums, scrap- books, book ends, table napkins of paper, paper teaching materials in the nature of lesson plans, quizzes and puzzles for children, tissues of paper, drawing books, greeting cards,drawing pads, folders, glue for stationery purposes, postage stamps, pencil sharpeners, rubber erasers, drawing rulers,bottle wrappers of cardboard or paper, cases specifically adapted for holding paper diaries, notepad holders, paper lunch bags, cardboard lunch boxes and plastic sandwich bags, all of the foregoing relating to a book, and not to a motion picture - Class 018.

First Use: 0 First Use In Commerce: 0 All goods and services in the class are appealed, namely: Towels, bed blankets, and throws, all of the foregoing relating to a musical stage play or a book, and not to a motion picture; household textile goods and textile fabrics for use in making clothing and household furnishings, bed linen, table linen, bed sheets, tea towels, tablecloths of textile, bunting fabric, table mats made of textile materials, cloth napkins, cush- ion covers, duvet covers, pillow cases and pillow covers, all of the foregoing relating to a book, and not to a motion picture - Class 025.

First Use: 0 First Use In Commerce: 0 All goods and services in the class are appealed, namely: Clothing, namely, shirts, pants, sweatshirts, shorts, dresses, jackets, coats, jerseys, leggings, pajamas, scarves, underwear, gloves, baby bodysuits, swimsuits, cloth bibs, bibs not of paper, Halloween costumes and costumes for use in children's dress-up

First Use: 0 First Use In Commerce: 0 All goods and services in the class are appealed, namely: Plush toys, toy building blocks, kites,puppets, toy figures, dice, doll houses, puzzles, Christmas tree ornaments, andsnow globes, all of the foregoing re- lating to a musical stage play or a book, and not to a motion picture; sporting articles and sporting equip- ment, namely, balls for games, board games, playing cards, card games, costumes being chil- dren'splaythings, doll costumes, balloons, hand held video and electronic games, scale model kits, magi- cians' sets being magic tricks and playing cards for use in magic tricks, toys relating to magic, namely, ma- gic tricks, children's educationaltoys in the nature of science and activity kits, Christmas tree decorations, all of the foregoing relating to a book, and not to a motion picture - Class 043.