Response to Office Action

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)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87841807 BASKETBALL HALL OF FAME BASKETBALL HALL OF FAME LEGENDS PODCAST (Stylized and/or with Design, see http://uspto.report/TM/87841807/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: BASKETBALL HALL OF FAME BASKETBALL HALL OF FAME LEGENDS PODCAST (Stylized and/or with Design, see http://uspto.report/TM/87841807/mark.png)
Proposed: BASKETBALL HALL OF FAME BASKETBALL HALL OF FAME LEGENDS PODCAST (Stylized and/or with Design, see mark)
The color(s) Color is not a feature of the mark is/are claimed as a feature of the mark.
The mark consists of a halved sphere between a pair of headphones and a small circular billboard in the upper right of the mark, said billboard being in the shape of a basketball and featuring the words "BASKETBALL HALL OF FAME" in small uppercase font, with the wording "SPRINGFIELD MASS" at the bottom of the billboard, all of which appear between two slightly bent lines to the left and right of the circular billboard; the wording "BASKETBALL HALL OF FAME" appears below the sphere design, with the underlined words "LEGENDS" just below that; the words "PODCAST" appears at the bottom of the mark.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, providing video and audio podcasts in the field of basketball; audio production services, namely, creating and producing ambient soundscapes and sound stories for museums, galleries, attractions, podcasts, broadcasts, websites; and downloadable MP3 files, MP3 recordings, online discussion board posts, webinars, news and audio in the field of basketball
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 08/01/2017 and first used in commerce at least as early as 08/01/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely, providing video and audio podcasts in the field of basketball; audio production services, namely, creating and producing ambient soundscapes and sound stories for museums, galleries, attractions, podcasts, broadcasts, websites; audio production services, namely, creating and producing ambient soundscapes and sound stories for museums, galleries, attractions, podcasts, broadcasts, and websites.; and downloadable MP3 files, MP3 recordings, online discussion board posts, webinars, news and audio in the field of basketballClass 041 for Entertainment services, namely, providing video and audio podcasts in the field of basketball; audio production services, namely, creating and producing ambient soundscapes and sound stories for museums, galleries, attractions, podcasts, broadcasts, and websites.
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 08/01/2017 and first used in commerce at least as early as 08/01/2017 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "BASKETBALL HALL OF FAME", "PODCAST" and "SPRINGFIELD MASS" apart from the mark as shown.


Miscellaneous Statement


Original PDF file:
mis-50252238101-20180412162632745325_._legends.pdf
Converted PDF file(s) ( 5 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5

SIGNATURE(S)
Response Signature
Signature: /Deborah A. Basile/     Date: 04/12/2018
Signatory's Name: Deborah A. Basile
Signatory's Position: Attorney of record

Signatory's Phone Number: 4137333111

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: 87841807
Internet Transmission Date: Thu Apr 12 16:35:25 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201804121635253
17547-87841807-5102f7cf291f1e8c6dba977cb
df351973dcf34121c6b1c68683641fe33b7c87b9
-N/A-N/A-20180412162632745325