Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 77524715 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 018 for Sports bags namely, backpacks, tennis bags, racquet ball bags, squash bags, badminton bags, bat bags, helmet bags, gear bags, golf bags, sport travel bags, sport umbrellas, basketball tube bags, volleyball tube bags, sports equipment bags and attaché cases

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Athletic clothing namely, athletic socks, athletic tops, ball caps, belts, field towels, pants, fleece pullovers, headbands, hooded sweatshirts, jackets, jerseys, knit hats, pants, polo shirts, shoes, shorts, straw hats, bandannas, visors, headwear, footwear, warm-up jackets, warm-up suits, wristbands, baseball pants, baseball sliding pants, sports uniforms namely; basketball, baseball softball, volleyball, soccer, tennis, football, and golf uniforms, basketball racer-back tops, basketball shirts, basketball shooting shirts, basketball shooting pants, basketball shorts, football compression girdles, football jerseys, football pants, football practice pants, golf gloves, golf towels, racquetball and platform tennis protective eyewear, racquetball gloves, softball racer-back tops, tennis racer-back tops, tennis shorts and tennis skirts
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: [Athletic clothing namely, athletic socks, athletic tops, ball caps, belts, field towels, pants, fleece pullovers, headbands, hooded sweatshirts, jackets, jerseys, knit hats, pants, polo shirts, shoes, shorts, straw hats, bandannas, visors, headwear, footwear, warm-up jackets, warm-up suits, wristbands, baseball pants, baseball sliding pants, sports uniforms namely]; Athletic clothing namely, athletic socks, athletic tops, ball caps, belts, pants, fleece pullovers, headbands, hooded sweatshirts, jackets, jerseys, knit hats, polo shirts, shoes, shorts, straw hats, bandanas, visors, headwear, footwear, warm-up jackets, warm-up suits, wristbands, baseball pants, baseball sliding pants, basketball uniforms, baseball uniforms, softball uniforms, volleyball uniforms, soccer uniforms, tennis uniforms, football uniforms, golf uniforms, basketball racer-back tops, basketball shirts, basketball shooting shirts, basketball shooting pants, basketball shorts, football compression girdles, football jerseys, football pants, football practice pants, softball racer-back tops, tennis racer-back tops, tennis shorts and tennis skirts; [basketball, baseball softball, volleyball, soccer, tennis, football, and golf uniforms, basketball racer-back tops, basketball shirts, basketball shooting shirts, basketball shooting pants, basketball shorts, football compression girdles, football jerseys, football pants, football practice pants, golf gloves, golf towels, racquetball and platform tennis protective eyewear, racquetball gloves, softball racer-back tops, tennis racer-back tops, tennis shorts and tennis skirts]Class 025 for Athletic clothing namely, athletic socks, athletic tops, ball caps, belts, pants, fleece pullovers, headbands, hooded sweatshirts, jackets, jerseys, knit hats, polo shirts, shoes, shorts, straw hats, bandanas, visors, headwear, footwear, warm-up jackets, warm-up suits, wristbands, baseball pants, baseball sliding pants, basketball uniforms, baseball uniforms, softball uniforms, volleyball uniforms, soccer uniforms, tennis uniforms, football uniforms, golf uniforms, basketball racer-back tops, basketball shirts, basketball shooting shirts, basketball shooting pants, basketball shorts, football compression girdles, football jerseys, football pants, football practice pants, softball racer-back tops, tennis racer-back tops, tennis shorts and tennis skirts
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Applicant hereby adds the following class of goods/services to the application:
New: Class 028 (Original Class: 018 ) for Sports bags designed for carrying sports equipment namely, tennis backpacks, tennis bags, racquet ball bags, squash bags, badminton bags, bat bags, helmet bags, golf bags, basketball tube bags, volleyball tube bags, and sports equipment bags; Athletic equipment, namely golf gloves and racquetball gloves
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

SIGNATURE(S)
Response Signature
Signature: /Terence P. O'Brien/     Date: 03/04/2009
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant

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: 77524715
Internet Transmission Date: Wed Mar 04 09:47:38 EST 2009
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-200903040947385
60733-77524715-440499ed73172278214eb8ba6
12aa4c2096-N/A-N/A-20090304091626498682