Request to Divide

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 No Form Number (Rev 12/2015)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 No Form Number (Rev 12/2015)

OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Request to Divide

To the Commissioner for Trademarks:

MARK: SLUGGER
SERIAL NUMBER: 86596681




REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: (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
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: (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



A fee payment in the amount of $300 will be submitted with the form, representing payment for the allegation of use for 3 classes.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $1200 will be submitted with the form, representing payment for the new application fee for 3 classes.


Declaration


The signatory believes that the applicant is the owner of the mark sought to be registered.<br/> <b>For a trademark or service mark application,</b> the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified.<br/><b>For a collective trademark, collective service mark, collective membership mark application,</b> the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified.<br/><b>For a certification mark application,</b> the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and 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.

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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.


Signature: /Terence P. O'Brien/      Date Signed: 01/18/2018
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant

Request to Divide Signature:

Signature: /Terence P. O'Brien/      Date Signed: 01/18/2018
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: 86596681
Internet Transmission Date: Thu Jan 18 18:17:53 EST 2018
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20180118181753
335644-86596681-5102a59e63c5115dacab7ebc
b66d7aaf3252de7bd0144fb4caca2d2b9d4a937a
42-DA-5643-20180118161319617913