Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

The table below presents the data as entered.

Input Field	Entered
SERIAL NUMBER	76697099
LAW OFFICE ASSIGNED	LAW OFFICE 111
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS	028
DESCRIPTION
Athletic training equipment, namely, ball throwing machines, pitching machines, free weight connection straps and basketball return devices
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 05/00/2008
FIRST USE IN COMMERCE DATE	At least as early as 05/00/2008
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS	028
DESCRIPTION
Athletic training equipment, namely, ball throwing machines, pitching machines, free weight connection straps and basketball return devices
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 05/00/2008
FIRST USE IN COMMERCE DATE	At least as early as 05/00/2008
STATEMENT TYPE	"The substitute (or new, 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, 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].
SPECIMEN FILE NAME(S)	\\TICRS\EXPORT9\IMAGEOUT9 \766\970\76697099\xml1\RO A0002.JPG
SPECIMEN DESCRIPTION	photograph of label on goods
SIGNATURE SECTION
DECLARATION SIGNATURE	/David R. Fairbairn/
SIGNATORY'S NAME	David R. Fairbairn
SIGNATORY'S POSITION	Attorney of record, MN bar member
DATE SIGNED	01/12/2010
RESPONSE SIGNATURE	/David R. Fairbairn/
SIGNATORY'S NAME	David R. Fairbairn
SIGNATORY'S POSITION	Attorney of record, MN bar member
DATE SIGNED	01/12/2010
AUTHORIZED SIGNATORY	YES
FILING INFORMATION SECTION
SUBMIT DATE	Tue Jan 12 13:25:51 EST 2010
TEAS STAMP	USPTO/ROA-XX.XX.XXX.XX-20 100112132551639124-766970 99-4604a499f87acadf114c7a 22412898ee3c-N/A-N/A-2010 0112132006672500

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76697099 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 028 for Athletic training equipment, namely, ball throwing machines, pitching machines, free weight connection straps and basketball return devices
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 05/00/2008 and first used in commerce at least as early as 05/00/2008, and is now in use in such commerce.

Proposed: Class 028 for Athletic training equipment, namely, ball throwing machines, pitching machines, free weight connection straps and basketball return devices
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 05/00/2008 and first used in commerce at least as early as 05/00/2008, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 028. The specimen(s) submitted consists of photograph of label on goods.
"The substitute (or new, 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, 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].
Specimen File1

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /David R. Fairbairn/      Date: 01/12/2010
Signatory's Name: David R. Fairbairn
Signatory's Position: Attorney of record, MN bar member

Response Signature
Signature: /David R. Fairbairn/     Date: 01/12/2010
Signatory's Name: David R. Fairbairn
Signatory's Position: Attorney of record, MN bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.


Serial Number: 76697099
Internet Transmission Date: Tue Jan 12 13:25:51 EST 2010
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20100112132551639
124-76697099-4604a499f87acadf114c7a22412
898ee3c-N/A-N/A-20100112132006672500