Response to Office Action

LABS

Wilson Sporting Goods Co.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86497288
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86497288/large
LITERAL ELEMENT LABS
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (028)(current)
INTERNATIONAL CLASS 028
DESCRIPTION
Sporting goods namely, ball bats;, namely, baseball bats and softball bats; ball gloves;, namely, baseball gloves and softball gloves; ball mitts, ball tees, baseballs, bat grips, bat weights, bat sensing pods, batting gloves, batting helmets, catchers masks, catchers nets, baseball training boards, dimpled baseballs, indoor baseballs, knee wedges, perforated baseballs, pitching screens, tee balls, basketball backboards, basketball hoops, basketball nets, basketballs, footballs, rubber football tees, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis grip tape, platform tennis grips, platform tennis gloves, platform tennis mitts, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, racquetball grips, soccer balls, softballs, tennis racquets, tennis string, tennis balls, tennis accesories including, racquet sensing pods, vibration dampeners for racquets, foam balls, grommets, grips, overgrips, protective strips for racquets, replacement grips, shock traps for racquets, shock guards for racquets, tennis nets; sports protective equipment namely, forearm pads, elbow pads, hand pads, shoulder pads, chest protectors, knee pads, leg guards, shin guards, thigh pads and throat protectors
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (028)(proposed)
INTERNATIONAL CLASS 028
TRACKED TEXT DESCRIPTION
Sporting goods namely, ball bats; Sporting goods namely, ball bats in the nature of baseball bats and softball bats; , namely, baseball bats and softball bats; ball gloves; , namely, baseball gloves and softball gloves; ball mitts, namely, baseball mitts, softball mitts and cathcher's mitts; ball mitts, ball tees, baseballs, bat grips, bat weights, bat sensing pods, batting gloves, batting helmets, catchers masks, catchers nets, baseball training boards, dimpled baseballs, indoor baseballs, knee wedges, perforated baseballs, pitching screens, tee balls, basketball backboards, basketball hoops, basketball nets, basketballs, footballs, rubber football tees, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis grip tape, platform tennis grips, platform tennis gloves, platform tennis mitts, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, racquetball grips, soccer balls, softballs, tennis racquets, tennis string, tennis balls, tennis accesories including, racquet sensing pods, vibration dampeners for racquets, foam balls, grommets, grips, overgrips, protective strips for racquets, replacement grips, shock traps for racquets, shock guards for racquets, tennis nets; baseball batting tees, baseballs, bat handle grips, bat weights for attachment to baseball bats for use as a swing aid, bat sensing pods, batting gloves, batting helmets, catchers masks, catchers nets, baseball training boards for improving strength toning, conditioning, and balance, dimpled baseballs, indoor baseballs, athletic equipment, namely, cathcher's knee wedges, perforated baseballs, ball pitching screens, tee balls, basketball backboards, basketball hoops, basketball nets, basketballs, footballs, rubber football tees, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis racket grip tape, platform tennis racket hand grips, platform tennis gloves, platform tennis mitts, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, racquetball grips, soccer balls, softballs, tennis racquets, tennis string, tennis balls, tennis accesories, namely, vibration dampeners for racquets, foam balls, structual parts for rackets, namely, grommets, hand grips for sporting equipment, racket handle overgrips, protective adhesive strips for racquets, replacement hand grips for sporting equipment, vibration dampeners for tennis racket strings vibration damperners for tennis rackets, tennis nets; sports protective equipment namely, forearm pads, elbow pads, hand pads, shoulder pads, chest protectors, knee pads, leg guards, shin guards, thigh pads and throat protectors
FINAL DESCRIPTION
Sporting goods namely, ball bats in the nature of baseball bats and softball bats; ball gloves;, namely, baseball gloves and softball gloves; ball mitts, namely, baseball mitts, softball mitts and cathcher's mitts; baseball batting tees, baseballs, bat handle grips, bat weights for attachment to baseball bats for use as a swing aid, bat sensing pods, batting gloves, batting helmets, catchers masks, catchers nets, baseball training boards for improving strength toning, conditioning, and balance, dimpled baseballs, indoor baseballs, athletic equipment, namely, cathcher's knee wedges, perforated baseballs, ball pitching screens, tee balls, basketball backboards, basketball hoops, basketball nets, basketballs, footballs, rubber football tees, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis racket grip tape, platform tennis racket hand grips, platform tennis gloves, platform tennis mitts, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, racquetball grips, soccer balls, softballs, tennis racquets, tennis string, tennis balls, tennis accesories, namely, vibration dampeners for racquets, foam balls, structual parts for rackets, namely, grommets, hand grips for sporting equipment, racket handle overgrips, protective adhesive strips for racquets, replacement hand grips for sporting equipment, vibration dampeners for tennis racket strings vibration damperners for tennis rackets, tennis nets; sports protective equipment namely, forearm pads, elbow pads, hand pads, shoulder pads, chest protectors, knee pads, leg guards, shin guards, thigh pads and throat protectors
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(class added)
INTERNATIONAL CLASS 009
DESCRIPTION
Batting helmets, bat sensing pods, namely, a baseball and softball training apparatus using sensors and software to analyze bat swings and electornically display results; accessories for tennis, namely, racquet sensing pods in the nature of electonic sports training simulators
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK LABS appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.
PAYMENT SECTION
NUMBER OF CLASSES 1
FEE PER CLASS 325
TOTAL FEES DUE 325
SIGNATURE SECTION
DECLARATION SIGNATURE /Terence P. O'Brien/
SIGNATORY'S NAME Terence P. O'Brien
SIGNATORY'S POSITION Attorney for Applicant
SIGNATORY'S PHONE NUMBER 773-714-6498
DATE SIGNED 08/31/2015
RESPONSE SIGNATURE /Terence P. O'Brien/
SIGNATORY'S NAME Terence P. O'Brien
SIGNATORY'S POSITION Attorney for Applicant
SIGNATORY'S PHONE NUMBER 773-714-6498
DATE SIGNED 08/31/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Aug 31 10:18:08 EDT 2015
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XX-
20150831101808423976-8649
7288-540bb93ab5216aa8d28b
0856346864b8296ec38a64635
c83661cc3ba4a6a69d394-DA-
8792-20150831094742483057



PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 86497288 LABS(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86497288/large) 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 Sporting goods namely, ball bats;, namely, baseball bats and softball bats; ball gloves;, namely, baseball gloves and softball gloves; ball mitts, ball tees, baseballs, bat grips, bat weights, bat sensing pods, batting gloves, batting helmets, catchers masks, catchers nets, baseball training boards, dimpled baseballs, indoor baseballs, knee wedges, perforated baseballs, pitching screens, tee balls, basketball backboards, basketball hoops, basketball nets, basketballs, footballs, rubber football tees, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis grip tape, platform tennis grips, platform tennis gloves, platform tennis mitts, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, racquetball grips, soccer balls, softballs, tennis racquets, tennis string, tennis balls, tennis accesories including, racquet sensing pods, vibration dampeners for racquets, foam balls, grommets, grips, overgrips, protective strips for racquets, replacement grips, shock traps for racquets, shock guards for racquets, tennis nets; sports protective equipment namely, forearm pads, elbow pads, hand pads, shoulder pads, chest protectors, knee pads, leg guards, shin guards, thigh pads and throat protectors
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: Sporting goods namely, ball bats; Sporting goods namely, ball bats in the nature of baseball bats and softball bats; , namely, baseball bats and softball bats; ball gloves; , namely, baseball gloves and softball gloves; ball mitts, namely, baseball mitts, softball mitts and cathcher's mitts; ball mitts, ball tees, baseballs, bat grips, bat weights, bat sensing pods, batting gloves, batting helmets, catchers masks, catchers nets, baseball training boards, dimpled baseballs, indoor baseballs, knee wedges, perforated baseballs, pitching screens, tee balls, basketball backboards, basketball hoops, basketball nets, basketballs, footballs, rubber football tees, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis grip tape, platform tennis grips, platform tennis gloves, platform tennis mitts, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, racquetball grips, soccer balls, softballs, tennis racquets, tennis string, tennis balls, tennis accesories including, racquet sensing pods, vibration dampeners for racquets, foam balls, grommets, grips, overgrips, protective strips for racquets, replacement grips, shock traps for racquets, shock guards for racquets, tennis nets; baseball batting tees, baseballs, bat handle grips, bat weights for attachment to baseball bats for use as a swing aid, bat sensing pods, batting gloves, batting helmets, catchers masks, catchers nets, baseball training boards for improving strength toning, conditioning, and balance, dimpled baseballs, indoor baseballs, athletic equipment, namely, cathcher's knee wedges, perforated baseballs, ball pitching screens, tee balls, basketball backboards, basketball hoops, basketball nets, basketballs, footballs, rubber football tees, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis racket grip tape, platform tennis racket hand grips, platform tennis gloves, platform tennis mitts, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, racquetball grips, soccer balls, softballs, tennis racquets, tennis string, tennis balls, tennis accesories, namely, vibration dampeners for racquets, foam balls, structual parts for rackets, namely, grommets, hand grips for sporting equipment, racket handle overgrips, protective adhesive strips for racquets, replacement hand grips for sporting equipment, vibration dampeners for tennis racket strings vibration damperners for tennis rackets, tennis nets; sports protective equipment namely, forearm pads, elbow pads, hand pads, shoulder pads, chest protectors, knee pads, leg guards, shin guards, thigh pads and throat protectorsClass 028 for Sporting goods namely, ball bats in the nature of baseball bats and softball bats; ball gloves;, namely, baseball gloves and softball gloves; ball mitts, namely, baseball mitts, softball mitts and cathcher's mitts; baseball batting tees, baseballs, bat handle grips, bat weights for attachment to baseball bats for use as a swing aid, bat sensing pods, batting gloves, batting helmets, catchers masks, catchers nets, baseball training boards for improving strength toning, conditioning, and balance, dimpled baseballs, indoor baseballs, athletic equipment, namely, cathcher's knee wedges, perforated baseballs, ball pitching screens, tee balls, basketball backboards, basketball hoops, basketball nets, basketballs, footballs, rubber football tees, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis racket grip tape, platform tennis racket hand grips, platform tennis gloves, platform tennis mitts, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, racquetball grips, soccer balls, softballs, tennis racquets, tennis string, tennis balls, tennis accesories, namely, vibration dampeners for racquets, foam balls, structual parts for rackets, namely, grommets, hand grips for sporting equipment, racket handle overgrips, protective adhesive strips for racquets, replacement hand grips for sporting equipment, vibration dampeners for tennis racket strings vibration damperners for tennis rackets, tennis nets; sports protective equipment namely, forearm pads, elbow pads, hand pads, shoulder pads, chest protectors, knee pads, leg guards, shin guards, thigh pads and throat protectors
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for Batting helmets, bat sensing pods, namely, a baseball and softball training apparatus using sensors and software to analyze bat swings and electornically display results; accessories for tennis, namely, racquet sensing pods in the nature of electonic sports training simulators
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
LABS appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Terence P. O'Brien/      Date: 08/31/2015
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 773-714-6498


Response Signature
Signature: /Terence P. O'Brien/     Date: 08/31/2015
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 773-714-6498

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

        
RAM Sale Number: 86497288
RAM Accounting Date: 08/31/2015
        
Serial Number: 86497288
Internet Transmission Date: Mon Aug 31 10:18:08 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201508311018084
23976-86497288-540bb93ab5216aa8d28b08563
46864b8296ec38a64635c83661cc3ba4a6a69d39
4-DA-8792-20150831094742483057


Response to Office Action [image/jpeg]


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