Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

NOTICE OF DIVISIONAL REQUEST COMPLETED

ISSUE/MAILING DATE: 1/31/2018

U.S. Serial Number 86596681

The request to divide application serial no. 86596681 filed on January 18, 2018 has been processed as follows:

(1)   Parent (original) application serial no. 86596681 contains the following goods:

Class 9:  Batting helmets, umpire helmets, catcher's helmets, hockey helmets, lacrosse helmets.

Class 18:  Sport umbrellas and attaché cases.

Class 25:  Shoes, footwear, sandals, flip flops, athletic socks, knit hats, belts, warm-up suits, wristbands, basketball, volleyball, soccer, tennis, football and golf uniforms, basketball racer-back tops, football compression girdles, tennis racer-back tops, and tennis skirts.

Class 28:  Baseball batting cages, ball pitching machines, batting tees, baseball bases, grip tapes for baseball bats, bat weights, baseball batting training apparatus in the nature of a batting chute, catcher's nets, baseball training apparatus in the nature of backboards, dimpled baseballs, baseball glove lacing, ball glove mallets, baseball glove oil, indoor baseballs, knee wedges, perforated baseballs, pine tar rags for use with baseball bats, ball pitching machine covers, pitching screens to be used in connection with ball pitching machines, rosin bags for use with baseballs, golf bags, racquet equipment bags, volleyballs, basketballs, footballs, tennis balls and golf balls, baseball training apparatus, namely, running chute trainers, baseball strike counters for use by umpires for tracking the number of balls and strikes thrown by a pitcher in an at-bat in the nature of a handheld mechanical device, balls for tee ball, umpire brushes for baseball plates, practice nets, practice baseballs, eye black for reducing sun glare for sports activities, golf tees, golf balls, tennis racquets, platform tennis gloves, vibration dampeners for racquets, foam balls, jumbo balls, overgrips, replacement grips, sports protective equipment, namely, forearm pads, elbow pads, hand pads, neck rolls, shoulder pads, chest protectors, knee pads, leg guards, shin guards, thigh pads and throat protectors, hockey sticks, hockey stick blades, hockey stick grips, hockey facemasks, hockey gloves, lacrosse sticks, lacrosse stick heads, lacrosse stick handles, lacrosse gloves, lacrosse stick string kits, lacrosse stick mesh, golf gloves, racquetball gloves.

To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)   Child application serial no. 86983609 contains the following goods:

Class 18:  Sports bags, namely, backpacks, athletic gear bags, sport travel bags, all-purpose sports equipment bags.

Class 25:  Athletic clothing, namely, headwear, namely, hats, caps, ball caps, headbands, bandannas, straw hats, visors, athletic tops, jerseys, polo shirts, jackets, warm-up jackets, fleece pullovers, hooded sweatshirts, pants, shorts, sports uniforms, namely, baseball, softball, softball racer-back tops.

Class 28:  Sporting goods, namely, ball bats, baseball bats and softball bats, ball gloves, namely, baseball gloves and softball gloves, ball mitts, namely, baseball mitts, softball mitts and catcher's mitts, baseballs, batting gloves, bags specially adapted for sports equipment in the nature of bat bags, backpacks, gear bags in the nature of bags specifically adapted for sports equipment, balls, namely, baseballs, softballs.

A statement of use filed on January 18, 2018 meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

Please call the undersigned with any questions.

/Sykes, Jeffery/

Paralegal Specialist

ITU/ Divisional Unit

(571) 272-4313 Office

(571) 273-4313 Fax

jeffery.sykes@uspto.gov

NO RESPONSE TO THIS NOTICE IS REQUIRED.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/. Please keep a copy of the complete status screen.  If TSDR shows no change for more than six months, call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.