TEAS Response to Suspension Inquiry

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1822 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 86497288 LABS(Standard Characters, see http://uspto.report/TM/86497288/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)

The referenced serial number(s) 85537670 has/have now registered. I am requesting removal of this application from suspension, for consideration by the examining attorney of the issue of likelihood of confusion under Section 2(d).
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 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 catchers 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, catchers 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, 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 dampeners 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
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text 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 catchers 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, catchers 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, 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 dampeners for tennis rackets, tennis nets; baseballs, batting gloves, batting helmets, catchers masks, basketballs, footballs, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis racket grip tape, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, soccer balls, softballs, tennis racquets, tennis string, tennis balls, 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; 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 catchers mitts; baseballs, batting gloves, batting helmets, catchers masks, basketballs, footballs, golf balls, golf clubs, golf gloves, platform tennis paddles, platform tennis racket grip tape, volleyballs, squash racquets, squash balls, badminton racquets, shuttlecocks for badminton, racquetball racquets, racquetball string, soccer balls, softballs, tennis racquets, tennis string, tennis balls, 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: 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)).


Response Suspension Inquiry Signature
Signature: /Terence P. O'Brien/     Date: 11/21/2016
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 7737146498

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: 86497288
Internet Transmission Date: Mon Nov 21 16:20:32 EST 2016
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XX-201611211620324
78640-86497288-570eba97d4a4c4334ecc1b828
ea154b6774021c7226cffbfd2fd96a4c827d4f33
-N/A-N/A-20161121160327599067