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`AF
`
`

`
`A0 120 (Rev. 6/90)
`
`Commissioner of Patents and Trademarks
`Washington, D.C. 20231
`
`REPORT oN THE
`JUN 1 ' 1993 FILING on DETERMINATION OF AN
`A
`TRADEMARK
`
`. , EMARK OFFICE
`
`In Compliance with 35 § 290 andlor 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court Western Dlst. of Vgfithe following
`I] Patents or
`XII Trademarks:
`DOCKET No.
`DATE FILED
`u.s. DISTRICT coum
`C98-709C
`5/27/98
`Western Dist of WA at Seattle
`PLAINTIFF
`DEFENDANT
`
`PECTIONARY INCORPORATED
`a Nevada corp.
`
`BANKERS SYSTEMS INC.,
`a Delaware corp.
`
`2/W98
`_——
`
`in the above-entitled case, the following patent(s) have been included:
`DATE INCLUDED
`INCLUDED av
`
`III Amendment
`
`III Answer
`
`[I Cross Bill
`
`Cl Other Pleading
`
`TR§3Efif‘ATR‘,2‘},o_
`
`%”;§$F§fD:fAT,fF'§J
`
`HOLDER OF PATENT on TRADEMARK
`
`In the above-entitled case, the following decision has been rendered or judgment issued:
`DECISIONIJUDGMENT
`
`(BY) DEPUTY CLERK
`
`Copy 1—Upon Initiation oi action, mail this copy to Commissioner Copy :!—Upon termination oi action, mail this copy to commissioner
`Copy 2—Upon tiling document adding patent(s), mall this copy to Commissioner Copy 4—Case Illa copy
`
`

`
`ages" DEPARTMENT OF COMMERCE
`UNITED '
`f*rademarI< Office
`Patent a.
`ASSISTANT SECRETARY AND COMMISSIONER
`OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`
`REGISTRATION NO.
`
`1392492
`
`SERIAL NO. 73/529303
`
`PAPER NO.
`MAILING DATE: 11/18/91
`
`MARK: PICTIONARY
`
`REGISTRANT: PICTIONARY, INC.
`
`CORRESPONDENCE ADDRESS:
`CHRISTENSEN, O'CONNOR, ET AL.
`2800 PACIFIC FIRST CENTER
`
`WA
`
`Piease furnish the following
`_
`i"
`: M‘;”Jm"g°:;;“;‘?‘:‘:2:22if;:’.
`. Affidavit-Renewal Examiner's name.
`. The address of all correspondence
`the words ”Box 5".
`not containing fees should inciude
`. Registration No.
`
`RECEIPT IS ACKNOWLEDGED OF THE SUBMITTED REQUEST UNDER:
`
`SECTION 8 OF THE TRADEMARK STATUTE AND 37 CFR SECS. 2.16l—2.l66.
`
`SECTION 15 OF THE TRADEMARK STATUTE AND 37 CFR SECS. 2.167~2.168.
`
`YOUR REQUEST FULFILLS THE STATUTORY REQUIREMENTS AND HAS BEEN ACCEPTED.
`
`A. J. GORE
`AFFIDAVIT-RENEWAL EXAMINER
`TRADEMARK EXAMINING OPERATION
`(703) 308-9500 EXT. 39
`
`

`
`UNITVEIONSNTATES '.oa.-.'{.AR'|:MENT OF CUMMERCE
`Patent and Trademark Office
`Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`Mmsmngon DC.20231
`
`NOTICE OF PUBLICATION UNDER 12(a)
`
`1. Serial No.:
`73/529,303
`
`2. Mark:
`PICTIONARY
`
`3. Applicant:
`ANGEL, ROBERT 5.
`
`4. Publication Date:
`FEB. 11. 1986
`
`The mark of the application above identified appears to be entitled to registration. The
`mark will,
`in accordance with Section 12(a) of the Trademark Act of 1946, be
`published in the Official Gazette on the date indicated above for the purpose of
`opposition by any person who believes he will be damaged by the registration of the
`mark.
`If no opposition is filed within the time specified by Section 13 of the Statute or
`by rules 2.101 and 2.102 of the Trademark Rules, the Commissioner of Patents and
`Trademarks may issue a certificate of registration.
`’
`
`Copies of the trademark portion of the Official Gazette containingythe publication of the
`mark may be obtained at
`$5.00 each for domestic orders, <>r at $6.25 each
`for foreign orders from:
`
`The Superintendent of Documents
`U.S. Government Printing Office
`Washington,D.C. 20402
`
`By direction of the Commissioner.
`
`5. Send correspondence to:
`
`BRUCE E. O'CONNOR
`
`CHRISTENSEN, O'CONNOR.
`270I WESTIN BUILDING
`2001 SIXTH AVENUE
`SEATTLE, WA 98121
`
`JOHNSON, ET AL
`
`

`
`taaaaa mi
`4/5
`
`IN THE UNITED STATES PATENT AND TRADE MARK OFFICE
`
`Applicant:
`
`Robert S. Angel
`
`Attorney Docket N 0: AN GR-2-2630
`
`Serial No:
`
`529,303
`
`Trademark Attorney: Mary Mack
`
`Filed:
`
`Mark:
`
`March 28, 1985
`
`PICTIONARY
`
`Law Office:
`
`I
`
`AMENDMENT B
`
`Q’
`&-—4
`Ox‘*1
`Seattle, Washington §§f§'1
`ca :3
`:51 '
`.t—~z
`
`TO THE COMMISSIONER OF PATENTS AND TRADEMARKS:
`
`This amendment is in response to the communication from the Trademark
`
`Attorney, mailed August 7, 1985 (Action N o. 2). Please amend the application by deleting in
`
`_ln 9, after "applicant," the words "a citizen of the United States of America" and insert
`‘/
`refor ——a citizen of Canada--.
`
`In Amendment A of June 26, 1985, the application was amended in response
`
`to a requirement by the Trademark Attorney to add the citizenship of applicant to include a
`
`statement that the applicant was a citizen of the United States of America. This was an
`
`inadvertent mistake on the part of applicant's attorney and in fact applicant is a citizen of
`
`Canada. The current amendment therefore is being made to correctly identify the citizenship
`
`of the applicant.
`
`Applicant respectfully again reverses the refusal of registration on the
`
`grounds that the mark PICTIONARY is not so similar to the mark FICTIONARY as to be likely
`
`to cause confusion, or to cause mistake or to deceive.
`
`As was pointed out in the previous amendment, while both the registered
`
`mark FICTIONARY and the applicant's mark PICTIONARY are used on word games,
`
`the
`
`difference between the two marks is sufficient
`
`to negate any likelihood of confusion or
`
`mistake on the part of the public. The person most immediately affected by the applicant's
`
`-1’
`
`CHRISTENSEN. OCONNOR. JOHNSON 8 Kmouess
`2701 WESTIN BUILDING
`2mm SIXTH AVENUE
`SEATTLE. WASHINGTON 9512!
`IZDE! 523-B750
`
`

`
`use and registration of the mark PICTIONARY is the owner of the FICTIONARY trademark.
`
`Applicant therefore contacted Mayfair Games, Inc., the owner of Registration No. 1,328,735,
`
`to inquire as
`
`to Mayfair Games,
`
`Inc’s.
`
`reaction to the applicant's use of
`
`the mark
`
`PICTIONARY. Applicant even went so far as to provide a copy of his game materials to
`
`Mayfair Games, Inc. so that they could have sufficient information with which to make a
`
`determination as to their view of the two marks. Enclosed herewith is a copy of a letter
`
`received by applicant
`
`from the President of Mayfair Games,
`
`Inc., Darwin P. Bromley,
`
`confirming the result of that telephone conversation and advising applicant that Mayfair
`
`Games, Inc. did not have any objection to applicant's use of the name "Pictionary" on his board
`
`game. Mr. Bromley also indicated that Mayfair would not object to such use based on any
`
`similarity to the registered trademark FICTION ARY.
`
`It
`
`is submitted by applicant
`
`that
`
`the admission by the owner of the
`
`trademark being cited against applicant that it has no problem with applicant's trademark
`
`PICTIONARY, when combined with the arguments presented in Amendment A relating to the
`
`differences between the two marks occasioned by their suggestive nature,
`
`is sufficient to
`
`overcome the Trademark Attorney's refusal of registration. While applicant admits that the
`
`two marks are somewhat similar,
`
`in fact only one letter separating the two, applicant
`
`reiterates the arguments made in Amendment A that
`
`the one-letter difference is very
`
`important, as it relates to these particular marks. The similarity of the two marks is due to
`
`their derivation from the common root word "dictionary." In view of the change that has been
`
`made to an ordinary word in order to arrive at applicant's mark, that change becomes even
`
`more significant, than a single-letter difference might be, when considering two completely
`
`arbitrary marks. The key feature of the mark becomes the first letter and clearly the first
`
`letters of each of the marks, PICTIONARY and FICTION ARY are different.
`
`Also, the suggestiveness of the initial portions of both words suggest two
`
`different things. The "PIC" portion of PICTIONARY conjures up a suggestion of pictures,
`LAW OFFICES
`
`-2-
`
`CHRISTENSEN. OCoNNon..JoHNsoN 8 Kmpuess
`27m WESTIN BUILDING
`znm SIXTH AVENUE
`SEATTLE, WASHINGTON 9512‘
`(205) 523~S7ECl
`
`

`
`while the first portion of FICTION ARY is an actual English word "fiction" which is suggestive
`
`of a nonfactual story and has no suggestion of picture or illustration. Therefore, while the
`
`words are similar in spelling, differing only in one letter, that single-letter difference becomes
`
`very important in the particular context of these two words, since the change in that single
`
`letter changes the entire suggestion which one would derive from each of the words.
`
`Based on the dissimilarity of the two marks and based on the acquiescence
`
`of the owner of the registration being cited against applicant's mark, as evidenced by the
`
`attached copy of the letter from Mayfair Games, Inc., it is believed that applicant's mark is
`
`entitled to registration and the Trademark Attorney is requested to withdraw the refusal of
`
`registration and authorize publication of the mark.
`
`If the Trademark Attorney has any questions,
`
`she is invited to call
`
`applicant's attorney at the number listed.
`
`Respectfully submitted,
`
`CHRISTENSEN , O'CONNOR,
`JOHNSON & KINDNESS
`
`By;/y/WW7//%
`
`Mi hael W. Bocianowski
`Registration No. 28,692
`
`I hereby certify that this correspondence is being deposited with the United States
`Postal Service as first class mail in an envelope
`<1 essed to: Commissioner
`1‘ Patents and
`Trademarks, Washington, D.C. 20231 on __ /
`"
`
`LAW DFFICES
`
`Cnmsrensau. O'CoNNoa. JOHNSON 8 KINDNESS
`270! WEETIN EUILOING
`ZED! SIXTH AVENUE
`SEATTLE. WASHINGTDN SEIZI
`(2D6l 523-S730
`
`

`
`s
`
`it Mayfair Games, Int.
`
`60648
`P.O. Box 48539, Niles, IL
`60648
`5641l4oward, NHes,H_
`312/647-9650
`
`October 14, 1985
`
`I
`/
`
`.
`
`Mr. Robert S. Angel
`Angel Games Inc.
`P39. Box 19421
`Seattle, Washington
`
`.
`
`i
`
`.
`98109
`
`Dear Mr. Angel:
`
`The purpose of this letter is to confirm the statements
`made by me during our telephone conversation of September
`23, 1985 relating to your game, Pictionary.
`Be advised
`that Mayfair Games will not object to your use of the name
`"Pictionary“ for the game having a box and board substantially
`identical to the box and board accompanying your letter of
`September 19, 1985. Mayfair will not seek legal action and
`will not assert any objection based on the similarity oft‘
`this name to Mayfair's registered trademark Fictionary.
`
`I wish you good luck in your venture in publishing this game.
`
`

`
`ULS; DEPARTMENT OF COMMERCE 4 Patent and Trademark Office
`
`IN REPLY REFER TO THE FOLLOWING AND THE FILING DATE:
`
`d’sré:fii)$.L‘N*oI** O
`
`APPLICHANTZ
`
`O
`
`O Pap” N°°
`
`MARK
`
`_
`
`‘M
`T
`”
`ADDRESS
`
`F‘-‘:H1'.73EL.-a
`
`F:E!E:EFi:'f
`
`””
`
`.
`fl‘$GHHOfi
`
`a:::«=z:nm~.!::3t='<-,»
`'f.?;E’.Ns
`film hulthlflfi
`.L{HLfi?EH%h
`“H 93131
`
`..3r3Hr42a:::1m ET at
`
`FORM PTO-1525 (2-84)
`
`u.s. DEPT. OF COMM. PAT. & TM OFFICE
`
`ADDRESS,
`Commissioner of
`
`Patents and
`Trademarks
`ACTION NO. Washington’ DC
`2023?
`
`”
`
`oaxnrran
`
`MA"—'NG D/\TE:ghe address cf
`all correspondence
`not containing fee
`payments should
`include the word
`"Box 5 , "
`
`(3) Examining
`(2) The mark,
`(1) Serial number of application,
`Also furnish:
`Attorney's name and Law Office number;
`(4) Mailing date of this action, and
`(5) Applicant's name (or applicant's attorney),
`telephone number and zip
`code.
`
`A PROPER RESPONSE TO THIS OFFICE ACTION MUST BE RECEIVED WITHIN 6 MONTHS
`FROM THE DATE OF THIS ACTION IN ORDER TO AVOID ABANDONMENT.
`
`529503
`
`Responsive to letter filed July 1; 1985:
`
`A plicant's amendment
`to include citizenship and response concerning the
`2?d) refusal has been entered in the record. However,
`the refusal under
`Section 2(d) of the Trademark Act is continued.
`
`Applicant is attempting to register the term "Pictionary" for equipment
`sold as a unit for playing a board game in Class 28 over a registered Class
`28 mark "Fictionary" for equipment sold as a unit for playing a word game.
`
`the goods of applicant are identical to those of registrants.
`In essence,
`The goods, both being games; would pass in the same channels of trade to
`the same prospective customers.
`Since neither applicant's goods nor
`registrant's registration contain any limit as to channels of trade; it is
`presumed that both products travel in all channels of trade that would be
`normal for such goods; and that the goods would be purchased by all
`potential customers.
`See Pfizer Inc. v. God
`John Cosmetics; Inc., 211
`USPQ 64 (NAB 1981) and Ko'ar
`* he Camera—Mart Inc.,
`1 9 USPQ 139
`(CCPA 1958).
`—""“"““““”""'“““““““""‘“
`
`

`
`The next consideration would be whether the marks were so dissimilar as to
`allow contemporaneous use of these marks on goods which; for all intents
`and purposes, are identical.
`The marks in question — Fictionary and
`Pictionary - are very similar in sound and appearance.
`The only difference
`consists of a single letter.
`The question to answer is whether the
`ordinary purchaser would recognize this one—letter difference when used on
`products that could possibly be sold in the same store and not make a
`connection that the goods emanate from a common source.
`The Trademark
`Trial and Appeal Board addressed a similar issue in Mennen Co. v.
`Yamanouchi Pharmaceutical Co. Ltd;; 203 USPQ 302 (TTAB 19755 which held
`that the average consumer is bombarded with a number of trademarks each day
`through various types of media. As a result; it is reasonable to presume
`that would be a likelihood of confusion when the marks are so similar in
`appearance, spelling; and pronunciation.
`To the average purchaser who
`retains only a vague recollection of a previously encountered mark.
`
`Therefore, any doubt as to the issue of confusion must necessarily be
`resolved against the newcomer who has the burden of selecting a totally
`dissimilar mark from one that is already being used in the field.
`See
`Burrou hs We1come'Co; v; Warner 4 Lambert Co;; 203 USPQ 191
`(TTAB 1979).
`
`the refusal under Section 2(d) of the Trademark Act
`For the above reasons,
`based on likelihood of confusion with the cited mark is hereby made FINAL.
`
`MM:jji;1
`
`529305
`
`Mary M
`Attorney, Law Office I
`Tradem
`705 557-3275
`
`1:
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`Robert 5. Angel
`
`Attorney Docket No: ANGR—2-2630
`
`Serial No:
`
`529,303
`
`Trademark Attorney: Mary Mack
`
`Filed:
`
`Mark:
`
`March 28, 1985
`
`PICTIONARY
`
`Law Office:
`
`1
`
`AMENDMENT A
`
`Seattle, Washington 98121
`
`June 26, 1985
`
`TO THE COMMISSIONER OF PATENTS AND TRADEMARKS:
`
`This amendment is in response to the communication from the Trademark
`
`Attorney mailed May 28, 1985 (Action No. 1). Please amend the application by adding in line
`
`nine after "applicant" the words --, a citizen of the United States of America,--.
`
`Applicant respectfully traverses the refusal of registration on the grounds
`
`that the mark PICTIONARY is not so similar to the mark FICTIONARY as to be likely to cause
`
`confusion or to cause mistake or to deceive.
`
`Both applicant's mark and the cited mark are used in association with a
`
`game and each of the games involves words, although in a different way. Both marks are based
`
`on the word "dictionary" and are suggestive of an association with words because of their
`
`common root in the word "dictionary". However, the change of the first letter from "p" to "f"
`
`in the two marks also makes the marks suggestive of two different things. The "pic" portion of
`
`PICTIONARY conjures up a suggestion of pictures and, when combined with the "tionary"
`
`portion of the word, which is rooted in "dictionary", suggests an association of the goods with
`
`something relating to pictures and words. On the other hand, the "fiction" portion of the word
`
`"fictionary" is in and of itself a word, namely "fiction", which is suggestive of a nonfactual
`
`story and has no suggestion of pictures or illustrations of any kind. Therefore, while the words
`
`LAW DFFlCES
`
`CHRISTENSEN. OCONNORJOHNSON 8 KINDNESS
`Z70! WESYIN BUILDING
`2E|Cl\ SIXTH AVENUE
`SEATTLE, WASHINGTON SE12!
`(2D6l 623-67E|C|
`
`

`
`are similar in spelling, differing only in one letter, that is a very important difference in this
`
`context, since the change in letter changes the entire suggestive nature of the word from one
`
`dealing with pictures to one dealing with fiction.
`
`In many other instances where the registration of two arguably similar
`
`marks rooted in a common word was considered, it has been found that where the root word is
`
`suggestive of something associated with the particular product, then the root portion of the
`
`two marks was not to be given great weight in determining the likelihood of confusion. For
`
`example,
`
`in Tektronix, Inc. v. Daktronics, Inc., 189 USPQ 693 (CCPA 1976) the two marks
`
`TEKTRONIX and DAKTRONICS were found to be not so close as to cause a likelihood of
`
`confusion because the suffixes "tronix" and "tronics" were highly suggestive of electronics
`
`devices, which,
`
`in fact, were the type of goods on which the marks were used. Therefore,
`
`those highly suggestive portions were not considered when considering the similarity of the
`
`marks. This same principle was applied several times by the CCPA (ALKTA-SELTZER not
`
`confusingly similar to REX—SELTZER, Miles Laboratories, Inc. v. United Drug Company, 46
`
`USPQ 59, CCPA 1940; NESCAFE not similar to HYCAFE, Nestle's Milk Products, Inc. 1,
`
`Baker Importing Co., Inc., 86 USPQ 80, CCPA 1950; SONOFLUX not confusingly similar to
`
`MAGNAFLUX, Ma naflux Cor . v. Sonoflux Cor ., 109 USPQ 313, CCPA 1956; TERMICIDE
`
`not confusingly similar to TERMINIX, E.L. Bruce Co. v. American Termicide Co., Inc., 128
`
`USPQ 341, CCPA 1961).
`
`Further, the mark FICTIONARY contains within it another easily recogniz-
`
`able English word, namely "fiction". The presence of a real, well known English word in the
`
`mark makes the mark FICTIONARY stand out in the minds of customers. The applicant's mark
`
`PICTIONARY, on the other hand, contains no separately recognizable English word and is
`
`therefore clearly distinguishable in the minds of consumers who must realize that there is a
`
`difference between the two marks, since one incorporates a recognizable word and the other
`
`LAW OFFICES
`
`CHRISTENSEN. OCONNOR. JOHNSON 5 Kmnuess
`2'70! WESTIN BUILDING
`ZUDI SIXTH AVENUE
`SEATTLE. WASHINETDN 93121
`(206) 523-57311
`
`-u1
`
`

`
`does not. When this feature is combined with the difference in suggestive connotation of the
`
`two marks, it is clear that the two marks are distinct from one another.
`
`Therefore, based on the difference in suggestive connotation that
`
`the
`
`difference in spelling of the mark PICTIONARY and the mark FICTIONARY brings about, and
`
`the fact that both words are rooted in the same word "dictionary", which is in and of itself
`
`suggestive of words, applicant again submits that
`
`the two marks, when applied to the
`
`respective goods of the parties, are not likely to cause confusion or to cause mistake, or to
`
`deceive. The differences in spelling, pronunciation, and connotation are sufficient to permit
`
`the consuming public to easily distinguish between the two marks. Therefore, applicant
`
`requests that the Trademark Attorney withdraw the refusal of registration and authorize
`
`publication of the mark.
`
`If
`
`the Trademark Attorney has any questions, she is
`
`invited to call
`
`applicant's attorney at the number listed.
`
`Respectfully submitted,
`
`CHRISTENSEN, O'CONNOR,
`
`JOHNSON an KINDNESS
`By//MZ/W
`
`Michael W. Bocianowski
`
`Registration No. 28,692
`
`I
`
`J
`
`I hereby certify that this correspondence is being deposited in the United States Postal Service
`as first class mail
`in an envelope ddr ssed to: Commissioner of Patents and Trademarks,
`
`Washington, D.C. 20231, on:
`
`/-4 /C/" .
`
`:
`
`Date
`
`T I / ’
`
`$52./4 /J’
`
`LAW DFFICES
`
`CHRISTENSEN. O'CoNNoIt.JoHNsoN 8 Knuowess
`2'70! WEETIN BUILDING
`200! SIXTH AVENUE
`SEATTLE. WASHINETDN 5312!
`I205) E23-E730
`
`Ill
`
`

`
`A.
`
`‘U.S. DEPARTMENT OR COMMERCE — Patent and Trademark Office
`
`IN REPLY REFER TO THE FOLLOWING AND THE FILING DATE:
`
`SERIAL NO.
`
`APPLICANT
`
`P 3 P9 Y‘
`
`N 0 -
`
`73;'529>3-:>'.=:= m~n3ELs
`MARK
`
`FIUEFEFIT
`
`'
`
`'
`
`'
`'
`ADDRESS
`BRUCE E+ O'CONNOR
`CHRISTENSEN: U'CDNNUFZ:I
`27a: NESTIN BUILDING
`§g:%TE§*TE_figg?g§
`"’
`A
`“ *
`
`ATIONNO.
`C
`
`‘i
`
`JUHNSIZIM ET AL
`
`MA“-‘N3 DATE
`
`FORM PTO-1525 (2-34)
`
`.
`u.s DEPT. or comm. PAT. a TM omcs
`
`0”’Z8f$h
`
`T
`
`ADDRESS:
`Commissioner of
`Patents and
`Trademarks
`Washington, DC
`202 1
`3
`The address of
`all correspondence
`not containing fee
`payments should
`include the word
`,, Box 5 . ..
`
`(3) Examining
`(2) The mark,
`(1) Serial number of application,
`Alse furnish:
`Attorney's name and Law Office number,
`(4) Mailing date of this action, and
`(5) Applicant's name (or applicant's attorney),
`telephone number and zip
`code.
`
`A PROPER RESPONSE TO THIS OFFICE ACTION MUST BE RECEIVED WITHIN 6 MONTHS
`FROM THE DATE OF THIS ACTION IN ORDER TO AVOID ABANDONMENT.
`
`529303
`
`Registration is refused because the mark, when applied to the applicant's
`goods, so resembles the mark(s) cited below as to be likely to cause
`confusion, or to cause mistake, or to deceive.
`(Section 2(d) of the
`Trademark Act, 15 U.S.C. 1052(d); TMEP section 1205.)
`(See attached
`copies.
`-
`
`Reg. No(s). 1328735
`
`indicate the citizenship of the applicant.
`You must
`2.33(a)(1)(ii); TMEP sectien 802.0u.)
`
`(37 CFR Section
`
`MM:jji;1
`
`3
`
`R‘a;r k I
`
`Trade ark Attorney, Law Office I
`at r
`703 557-3273
`
`

`
`Int. Cl.: 28
`
`Prior U.S. CL: 22
`
`United States Patent and Trademark Office
`
`Reg. No. 1,328,735
`Registered Apr. 2, 1985
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`FICTIONARY
`
`MAYFAIR GAMES, INC. (ILLINOIS CORPORA-
`TION)
`2201 S. I-IALSTED ST.
`CHICAGO. IL 60607
`
`FOR: EQUIPMENT SOLD AS A UNIT FOR
`PLAYING A WORD GAME, IN CLASS 28 (US.
`CL. 22).
`
`FIRST USE
`1-31-1984.
`
`1—31-1984;
`
`IN COMMERCE
`
`SER. NO. 471,449, FILED 3-2141984.
`
`ALBIN DROST. EXAMINING ATTORNEY
`
`

`
`TRADEMARK APPLICATION
`
`PRINCIPAL REGISTER
`
`Mark: PICTIONARY
`
`International Class: 28
`
`Attorney Docket No: ANGR-2-2630
`
`O THE COMMISSIONER OF PATENTS AN ‘T A EMARKS:
`
`{Robert S. Angel,(an individual
`P .0. Box 19421
`Seattle, WA 93109 I
`The above—identified applicant has adopted and is using the mark shown in
`
`2?
`
`‘(Q
`
`r.7
`
`the accompanying drawing for}equipment sold as a unit for playing a board game,land requests
`
`that said mark be registered in the United States Patent and Trademark Office on the
`
`Principal Register established by the Act of July 5, 1946.
`
`The mark was first used in connection with the goods at least as early as
`
`February 16, 1985; was first used in connection with the goods in interstate commerce at least
`
`as early as February 16, 1985; and is now in use in such commerce.
`
`The mark is used printed on the box for the goods.
`
`Five (5) specimens
`
`showing the mark as actually used are submitted herewith.
`
`Applicant hereby appoints {Bruce E. O'Connor, %Reg. No. 24,849; Lee E.
`Johnson, Reg. No. 22,946; Gary S. Kindness, Reg. No. 22,178; Larry A. Jackson, Reg.
`
`No. 24,313; James W. Anable, Reg. No. 26,827; James R. Uhlir, Reg. No. 25,096; Jerald E.
`
`Nagae, Reg. No. 29,418; and Michael W. Bocianowski, Reg. No. 28,692; members of the firm of
`
`{CHRISTENSEN, O'CONNOR, JOHNSON 6: KINDNESS,}whqse address is{E2701 Westin Building,
`2001 Sixth Avenue, Seattle, WA 98121, Es its attorneys with full power of substitution and
`
`revocation to prosecute this application for registration, to transact all business in the U.S.
`
`Patent and Trademark Office in connection therewith and to receive the certificate of
`£M;’04/85 5329303
`2
`3501
`3.75.00 (:24
`registration.
`
`LAW OFFICES
`
`CHRISTENSEN, O’CoNNoR, JOHNSON 0 KINDNESS
`2'7DI WESTIN BUILDING
`ZUDI SIXTH AVENUE
`SEATTLE. WASHINGTON 9El2l
`(2U6)6Z3'B'7ED
`
`

`
`Robert S. Angel states that he believes himself to be the owner of the mark
`
`sought to be registered; that to the best of his knowledge and belief no other person, firm,
`
`corporation or association has the right to use said mark in commerce, either in the identical
`
`form or in such near resemblance thereto as may be likely, when applied to the goods of such
`
`other person, firm, corporation or association to cause confusion, or to cause mistake, or to
`
`deceive;
`
`that all statements made herein of his own knowledge are true and that all
`
`statements made on information and belief are believed to be true; and further, that these
`
`statements were made with the knowledge that willful false statements and the like so made
`
`are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United
`
`States Code and that such willful
`
`false statements may jeopardize the validity of
`
`the
`
`application or document or any registration resulting therefrom.
`
`Date: 4»§_c_1_££/_I’l Q4, gfgg"
`
`@211
`
`Robert S. Angel
`
`Q:%E
`
`LAW DVFWCES
`
`CHRISTENSEN. OCoNNok.JoHNsoN 8 KlNDNESS
`2'7DI WESTIN BUILDING
`2DCI| S|XTH AVENUE
`SEATTLE, WASHINGTON SB! 2|
`I206} 623-S750
`
`.“
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Robert 5. Angel
`
`PICTIONARY
`
`Attorney Docket No.:
`
`ANGR—2-2630
`
`TRADEMARK APPLICATION TRANSMITTAL LETTER
`
`Seattle, Washington 98121
`
`March 25, 1985
`
`TO THE COMMISSIONER OF PATENTS AND TRADEMARKS:
`
`We enclose herewith the papers in an application for registration of the mark
`
`PICTION ARY
`
`in the name of Robert 5. Angel
`
`9
`
`said papers comprising:
`
`1.
`
`2.
`
`3.
`
`4.
`
`written application;
`
`drawing;
`
`five
`
`specimens
`
`of the mark as actually us d;
`
`our check No.
`
`in the amount of
`
`175.00 per class)
`
`covering the filing fee. Please charge any additional fees or credit n overpayment to Deposit
`
`Account No. 03-1740. A copy of this sheet is enclosed.
`
`Respectfully submitted,
`
`CHRISTENSEN, O'CONNOR,
`JOHNSON dc KINDNESS
`
`By ]4/./
`
`Bocianowski
`II/(iclfiael
`Registration No. 28,692
`
`201-11/82
`
`LAW DFFIIZES
`
`CHRISTENSEN. dCONNOR,JOHNSON 8 KINDNESS
`2701 WESTIN BUILDING
`ZDUI SIXTH AVENUE
`SEATTLE. WASHINGTON 9312!
`(206)623-3780
`
`

`
`'-....p'«
`
`Applicant:
`
`Robert S. Angel
`
`Mark:
`
`PICTIONARY
`
`Attorney Docket No.:
`
`ANGR—2-2630
`
`TRADEMARK APPLICATION TRANSMITTAL LETTER
`
`Seattle, Washington 98121
`
`March 25, .1985
`
`TO THE COMMISSIONER OF PATENTS AND TRADEMARKS:
`
`We enclose herewith the papers in an application for registration of the mark
`
`PICTIONARY
`
`in the name of Robert S. Angel
`
`1
`
`said papers comprising:
`
`1.
`
`2.
`
`3.
`
`4.
`
`written application;
`
`drawing;
`
`five
`
`specimens
`
`of the mark as actually used;
`
`our check No.
`
`in the amount of $ 175
`
`($175.00 per class)
`
`covering the filing fee. Please charge any additional fees or credit any overpayment to Deposit
`
`Account No. 03-1740. A copy of this sheet is enclosed.
`
`Respectfully submitted,
`
`CHRISTENSEN, O'CONNOR,
`JOHNSON (Sc KINDNESS
`
`Byfi/‘()7/’II1//I /iwfiw
`
`Bocianowski
`icfxael
`Registration No. 28,692
`
`201-11/82
`
`LAW arnczs
`
`CHRISTENSEN, dCONNOR,JOHN5ON 8 Kmowass
`270» wzs-rm BUILDING
`2am suxrn AVENUE
`SEAYTLE, WASHINGTON 9B|2|
`xzosrsza-ever:
`
`

`
`can 910- :32:
`
`‘
`_
`.
`TRADEMARK APPLICATION FILE DATA WORKSHEET
`
`4
`
`us" °EpAmME~ T O‘ COW‘ "C5
`94\'EVf AVG YlAmMAng out‘
`
` fflKF,.I$‘l’ij1
`03I
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`
`.
`
`6. GOODS!
`SERVICES
`
`SIS
`
`APPUCATION
`
`$3.7 CORRESPONDENCE ADDRESS {F6} and ATTORNEYS {F77-"SEE APPLICATION
`
`‘
`
`EmmyNo.
`
`O1
`
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`
`50”“Easfunou"0 “on”.‘caruhm0”‘ HIQWAL KGISTIA Y3 %
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`39
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`‘£6‘G$"‘'o~@
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`
`menu 5. necos1'nmous- 5:: APPLICATION
`
`V
`
`V‘
`
`r
`
`‘:33’!
`
`ADDITIONAL TEXT (sea APPLICATION oa amen TEXT snow»
`
`V
`
`E
`
`.
`
`_
`
`

`
`FORM P1-04,35
`(REV. 2v75)
`
`,
`
`(‘DEPARTMENT or COMMERCE
`., ,_;'ENT AND TRADEMARK OFFICE
`
`ASSIGNMENTS
` evious assignments of record as of
`_V_ See Title Record for ownership information prior to this record
`
`
`
` T
`“‘s;;;.m;,:""""
`
`
`
`Registrant Robert S‘Ange1
`
`_"::i:i_‘_.'_: ...............
`
`Filing mm
`
`_.
`
`"7 .............. .
`
`5% [é‘.€*..~?:[ M31’ Dare
`
`(Tradc»M:rk)
`
`Date Recorded
`
`1
`
`J 985
`
`.392. 492
`
`negfwu.
`
`’
`
`;,~
`
`1?
`.~\
`»
`$ \
`,—' \_
`/
`
`o
`,
`M“,
`O ', Awgnee Pictionary,I;1c.
`1‘ K
`"
`‘"“'"‘SE%43eat1':le7“WEiSh'Z""'9‘81‘09
`-eerp:ef—WashT
`
`Angel, Robert S-
`569 Lee St., Seattle, Wash-98109
`
`-
`
`_
`
`.._
`
`-" ‘--
`
`
`
`'
`
`
`
`4
`
`
`
`

`
`Address:
`
`Date of First Use:
`
`Date of First Use in
`Interstate Commerce:
`
`Goods:
`
`Robert S. Angel
`
`P.O. Box 19421
`Seattle, Washington 98109
`
`At least as early as February 16, 1985
`
`.
`
`A
`
`At least as early as February 16, 1985
`
`Equipment sold as a unit for
`playing a board game
`
`PICTIONARY
`
`REWSTERED
`F‘aL’~‘x‘{ 6
`‘PAII
`
`PuBusHED
`§E_B V1 1 985’
`CHRISTENSEN. ()'C0LrA~Jv?:l<c)‘:‘JC(:l:NSON 8 KINDNESS
`
`27Ell WESTIN BUILDING
`ZDDT SIXTH AVENUE
`(EDS? 623—E7ED
`SEAT-rI.E,wAsH|Nr3‘ruN 9512:
`
`5
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26