TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 85890468 LEAVE YOUR MARK(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85890468) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examiner has maintained her refusal to register the applied-for mark for use in connection with certain goods identified in the application, namely, "athletic equipment bags for use in connection with baseball and softball equipment." While Applicant respectfully disagrees with the Examiner's assertion that Applicant's use of its mark with the above-referenced goods would be likely to cause confusion with the cited registration, Applicant herein amends the identification of goods in the pending Applicant to delete the goods at issue. Applicant states that this amendment is only being made to allow for registration of its mark without further delay, and should not be interpreted as Applicant’s concession or admission that the parties' respective goods are confusingly similar.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for baseball and softball bats, baseball and softball gloves, batting gloves, and athletic equipment bags for use in connection with baseball and softball equipment
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: baseball and softball bats, baseball and softball gloves, batting gloves, and athletic equipment bags for use in connection with baseball and softball equipment; baseball and softball bats, baseball and softball gloves, and batting glovesClass 028 for baseball and softball bats, baseball and softball gloves, and batting gloves
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Julie Ann Gregory/     Date: 01/07/2014
Signatory's Name: Julie Ann Gregory
Signatory's Position: Attorney of Record, Member of Kentucky Bar

Signatory's Phone Number: (502) 584-1135

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 85890468
Internet Transmission Date: Tue Jan 07 16:41:05 EST 2014
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2014010716410525
4008-85890468-50040565f7aab56c934cb9f9ac
f7a04d36faa889298b9682af4fa244b86aacd-N/
A-N/A-20140107163834167057