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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87533795 |
LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/87533795/mark.png |
LITERAL ELEMENT |
BLUESTAR |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) blue is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word "BlueStar" in stylized blue block letters superimposed over a stylized blue, five-pointed star. |
ARGUMENT(S) |
"Please see the actual argument text attached within the Evidence section." |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_1734987118-20180314123506118910_._ROA_87533795_20180314.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\875\337\87533795\xml6\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\875\337\87533795\xml6\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\875\337\87533795\xml6\ROA0004.JPG |
DESCRIPTION OF EVIDENCE FILE |
remarks and arguments in response to the Office Action mailed September 14, 2017 |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
talent recruitment services in the field of amateur sports; sports recruiting services for high school and college athletes; public
relations services in the field of amateur sports; career development services for middle school, high school and college athletes |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/31/2000 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/31/2000 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
talent recruitment services in the field of amateur sports; sports recruiting services for
high school and college athletes; public relations services in the field of amateur sports; career development services for middle school, high
school and college athletes; providing information and news in the field of amateur sports recruitment |
FINAL DESCRIPTION |
talent recruitment services in the field of amateur sports; sports recruiting services for high school and college athletes; public
relations services in the field of amateur sports; career development services for middle school, high school and college athletes; providing information and news in the field of amateur sports
recruitment |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/31/2000 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/31/2000 |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
coordination, organization and management of amateur sports competitions, showcases and events; evaluation, training and development of
middle school, high school and college athletes; operation of sports camps for middle school, high school and college athletes; sports instruction services; providing information, news and thought
leadership in the field of amateur sports and amateur sports recruitment |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/31/2000 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/31/2000 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
coordination, organization and management of amateur sports competitions, showcases and events; evaluation, training and development of middle school, high school and college athletes; sports training services, namely, evaluation,
training and development of middle school, high school and college athletes; operation of sports camps for middle school, high school and college athletes;
sports instruction services; providing information, news and thought leadership in the field of amateur sports and amateur sports
recruitment; providing information, news and thought leadership development training in the field of amateur sports |
FINAL DESCRIPTION |
coordination, organization and management of amateur sports competitions, showcases and events; sports training services, namely,
evaluation, training and development of middle school, high school and college athletes; operation of sports camps for middle school, high school and college athletes; sports instruction services;
providing information, news and thought leadership development training in the field of amateur sports |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/31/2000 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/31/2000 |
ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) blue, black, white and gray is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the wording "BLUESTAR" in stylized blue block letters. The block letters are surrounded by a thin white border, which is
further surrounded by a thin black border. The wording is superimposed over a stylized blue, five-pointed star surrounded by a thin white border, which is further surrounded by a think black border.
Inside the star design and above the letters "ES" is the white design of a sunburst. The star design and wording have a gray shadowing effect. All other instances of white indicate background or
transparent areas and are not part of the mark. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Catherine A Cavella/ |
SIGNATORY'S NAME |
Catherine A Cavella |
SIGNATORY'S POSITION |
Attorney of Record, PA Bar Member |
SIGNATORY'S PHONE NUMBER |
2153481442 |
DATE SIGNED |
03/14/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Mar 14 12:51:16 EDT 2018 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0180314125116168245-87533
795-51015bcaf4777311d4fe9
2aa77d47263d659a436373d18
4418fbcaed8bbaee5c1ea-N/A
-N/A-20180314123506118910 |
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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87533795 BLUESTAR (Stylized and/or with Design, see http://uspto.report/TM/87533795/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
"Please see the actual argument text attached within the Evidence section."
EVIDENCE
Evidence in the nature of remarks and arguments in response to the Office Action mailed September 14, 2017 has been attached.
Original PDF file:
evi_1734987118-20180314123506118910_._ROA_87533795_20180314.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for talent recruitment services in the field of amateur sports; sports recruiting services for high school and college athletes; public relations services in the field of
amateur sports; career development services for middle school, high school and college athletes
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/2000 and first used in commerce at least as early as 12/31/2000 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: talent recruitment services in the field of amateur sports;
sports recruiting services for high school and college
athletes;
public relations services in the field of amateur sports;
career development services for middle school, high school and college
athletes;
providing information and news in the field of amateur sports recruitmentClass 035 for talent recruitment services in the field of amateur
sports; sports recruiting services for high school and college athletes; public relations services in the field of amateur sports; career development services for middle school, high school and
college athletes; providing information and news in the field of amateur sports recruitment
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/2000 and first used in commerce at least as early as 12/31/2000 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for coordination, organization and management of amateur sports competitions, showcases and events; evaluation, training and development of middle school, high school and
college athletes; operation of sports camps for middle school, high school and college athletes; sports instruction services; providing information, news and thought leadership in the field of
amateur sports and amateur sports recruitment
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/2000 and first used in commerce at least as early as 12/31/2000 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: coordination, organization and management of amateur sports competitions, showcases and events;
evaluation,
training and development of middle school, high school and college athletes;
sports training services, namely, evaluation, training and development of middle
school, high school and college athletes;
operation of sports camps for middle school, high school and college athletes;
sports instruction
services;
providing information, news and thought leadership in the field of amateur sports and amateur sports recruitment;
providing information, news and thought leadership development training in the field of amateur sportsClass 041 for coordination, organization and management of amateur sports
competitions, showcases and events; sports training services, namely, evaluation, training and development of middle school, high school and college athletes; operation of sports camps for middle
school, high school and college athletes; sports instruction services; providing information, news and thought leadership development training in the field of amateur sports
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/2000 and first used in commerce at least as early as 12/31/2000 , and
is now in use in such commerce.
ADDITIONAL STATEMENTS
Color Claim
The color(s) blue, black, white and gray is/are claimed as a feature of the mark.
Description of mark
The mark consists of the wording "BLUESTAR" in stylized blue block letters. The block letters are surrounded by a thin white border, which is further surrounded by a thin black border. The wording is
superimposed over a stylized blue, five-pointed star surrounded by a thin white border, which is further surrounded by a think black border. Inside the star design and above the letters "ES" is the
white design of a sunburst. The star design and wording have a gray shadowing effect. All other instances of white indicate background or transparent areas and are not part of the mark.
SIGNATURE(S)
Response Signature
Signature: /Catherine A Cavella/ Date: 03/14/2018
Signatory's Name: Catherine A Cavella
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone Number: 2153481442
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.
Serial Number: 87533795
Internet Transmission Date: Wed Mar 14 12:51:16 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2018031412511616
8245-87533795-51015bcaf4777311d4fe92aa77
d47263d659a436373d184418fbcaed8bbaee5c1e
a-N/A-N/A-20180314123506118910