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 |
88107726 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88107726/mark.png |
LITERAL ELEMENT |
OBJ |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a hexagon shape formed by the stylized letters OBJ. |
ARGUMENT(S) |
In the Office Action issued December 22, 2018 for the referenced application, the Examining Attorney requested clarification to the origin of the
name OBJ in the mark, and if it identifies a particular living individual. The name shown in the mark identifies Odell Beckham Jr., a living individual whose consent is of record. A written consent
to use and registration of the name is included in this response. It is also noted, the Examining Attorney identified U.S. Application Serial No. 87130151 as preceding Applicant's filing date. Also
attached to this response is a Letter of Consent to Register, signed by Royalty Only, LLC, the Applicant of Serial No. 87130151. As also required by the Examining Attorney, the specification of goods
and services have been updated to conform to the Trademark Office's acceptable identifications. Therefore, as Applicant has addressed all issues raised by the Examining Attorney, it is respectfully
requested and submitted, U.S. Application No. 88107726 be approved for publication. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_16522550147-20190621121453071162_._LETTER_OF_CONSENT_OBJ.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\077\88107726\xml8\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\077\88107726\xml8\ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
Letter of Consent to Register, signed by Royalty Only, LLC. |
GOODS AND/OR SERVICES SECTION (018)(current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
Sports bags; backpacks; duffle bags; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks (luggage)
and suitcases; umbrellas; shoulder bags; accessories of leather and imitations of leather; leather straps |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
Sports bags; backpacks; duffle bags; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks (luggage) and suitcases; trunks being luggage and suitcases; umbrellas; shoulder bags; accessories of leather and imitations of leather; accessories of leather and imitations of leather, namely, leather bags, leather wallets, imitation leather bags, and imitation leather wallets; leather
straps |
FINAL DESCRIPTION |
Sports bags; backpacks; duffle bags; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks being
luggage and suitcases; umbrellas; shoulder bags; accessories of leather and imitations of leather, namely, leather bags, leather wallets, imitation leather bags, and imitation leather wallets;
leather straps |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Footwear; football shoes; cleats for attachment to sports shoes; apparel, namely, jerseys, pants, shorts, t-shirts, shirts,
sweatshirts, hooded sweatshirts, hoods, sweatpants, vests, tank tops, warm-up suits, jackets, anoraks, coats, underwear, belts, sports bras, socks, wrist bands, headbands, headwear, hats, caps,
visors, sweatbands, sweaters, skirts, dresses, scarves, gloves; athletic uniforms; athletic tights; compression sleeves for athletic use; padded elbow compression sleeves sold as an integral
component of athletic clothing, namely, for jerseys or uniforms |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Footwear; football shoes; cleats for attachment to sports
shoes; apparel, namely, jerseys, pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts, hoods, sweatpants, vests, tank tops, warm-up suits, jackets,
anoraks, coats, underwear, belts, sports bras, socks, wrist bands, headbands, headwear, hats, caps, visors, sweatbands, sweaters, skirts, dresses, scarves, gloves; apparel, namely, jerseys, pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts, hoods, sweatpants, vests, tank tops, warm-up suits, jackets, anoraks, coats, underwear, belts,
sports bras, socks, wrist bands, headbands, headwear, hats, caps being headwear, visors being headwear, sweatbands, sweaters, skirts, dresses, scarves, gloves; athletic
uniforms; athletic tights; compression sleeves for athletic use; padded elbow compression sleeves sold as
an integral component of athletic clothing, namely, for jerseys or uniforms; padded elbow compression sleeves sold as an integral component of athletic
clothing, namely, jerseys or uniforms |
FINAL DESCRIPTION |
Footwear; football shoes; cleats for attachment to sports shoes; apparel, namely, jerseys, pants, shorts, t-shirts, shirts,
sweatshirts, hooded sweatshirts, hoods, sweatpants, vests, tank tops, warm-up suits, jackets, anoraks, coats, underwear, belts, sports bras, socks, wrist bands, headbands, headwear, hats, caps being
headwear, visors being headwear, sweatbands, sweaters, skirts, dresses, scarves, gloves; athletic uniforms; athletic tights; compression sleeves for athletic use; padded elbow compression sleeves
sold as an integral component of athletic clothing, namely, jerseys or uniforms |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Sports balls; footballs; football shoulder pads; football elbow pads; football knee pads; athletic supporters; machines for physical
exercise; weights for lifting; ball weights for exercise; exercise ropes, namely, weighted ropes for strength training; bags specifically for carrying sports equipment; gloves for football |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Sports balls; footballs; football shoulder pads;
football elbow pads; football knee pads; athletic supporters; machines for physical exercise;
weights for lifting; ball weights for exercise; exercise ropes, namely, weighted ropes for strength training;
bags specifically for carrying sports equipment; bags specially adapted for carrying sports equipment; gloves for football |
FINAL DESCRIPTION |
Sports balls; footballs; football shoulder pads; football elbow pads; football knee pads; athletic supporters; machines for physical
exercise; weights for lifting; ball weights for exercise; exercise ropes, namely, weighted ropes for strength training; bags specially adapted for carrying sports equipment; gloves for football |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Retail store services and on-line retail store services featuring apparel, apparel accessories, footwear, footwear accessories,
headwear, eyewear and accessories, sporting goods and equipment, bags, sports bags, sports and fitness products and accessories, near field communication (NFC) technology-enabled apparel and
footwear, near field communication (NFC) tags, radio frequency identification (RFID) tags, computer application software for mobile phones and personal digital devices; advertising, business
management, business administration, office functions, and marketing |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Retail store services and on-line retail store services featuring apparel, apparel accessories, footwear, footwear
accessories, headwear, eyewear and accessories, sporting goods and equipment, bags, sports bags, sports and fitness products and accessories, near field communication (NFC) technology-enabled apparel
and footwear, near field communication (NFC) tags, radio frequency identification (RFID) tags, computer application software for mobile phones and personal digital devices; advertising, business management, business administration, office functions, and marketing; advertising, business management, business
administration, provided office functions, and marketing |
FINAL DESCRIPTION |
Retail store services and on-line retail store services featuring apparel, apparel accessories, footwear, footwear accessories,
headwear, eyewear and accessories, sporting goods and equipment, bags, sports bags, sports and fitness products and accessories, near field communication (NFC) technology-enabled apparel and
footwear, near field communication (NFC) tags, radio frequency identification (RFID) tags, computer application software for mobile phones and personal digital devices; advertising, business
management, business administration, provided office functions, and marketing |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Providing classes in the field of sports and fitness training; entertainment services, namely, live group fitness activities;
entertainment services, namely, providing pre-recorded audio and video programs of sports and fitness training sessions via a website or computer application software; organizing sport events in the
field of football; athletic and sports event services, namely, organizing, arranging, and conducting, contests, clinics, camps, tournaments, and exhibitions; education services, namely, providing
mentoring in the field of football |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Providing classes in the field of sports and fitness training; entertainment
services, namely, live group fitness activities; entertainment services in the nature of live group fitness activities, namely, live performances of group
fitness activities by trainers and athletes; entertainment services, namely, providing pre-recorded audio and video programs of sports and fitness training
sessions via a website or computer application software; entertainment services, namely, a continuing, pre-recorded audio and video program about sports and
fitness training sessions accessible via web-based applications and application software; organizing sport events in the field of football; athletic and sports event services, namely, organizing, arranging, and conducting, contests, clinics, camps, tournaments, and exhibitions; organizing,
arranging, and conducting, football-related social entertainment events in the nature of contests, clinics, camps, tournaments, and exhibitions; education services, namely,
providing mentoring in the field of football |
FINAL DESCRIPTION |
Providing classes in the field of sports and fitness training; entertainment services in the nature of live group fitness activities,
namely, live performances of group fitness activities by trainers and athletes; entertainment services, namely, a continuing, pre-recorded audio and video program about sports and fitness training
sessions accessible via web-based applications and application software; organizing sport events in the field of football; organizing, arranging, and conducting, football-related social entertainment
events in the nature of contests, clinics, camps, tournaments, and exhibitions; education services, namely, providing mentoring in the field of football |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) |
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Odell Beckham, Jr., a living individual, whose consent(s) to
register is made of record. |
CONSENT FILE NAME(S) |
ORIGINAL PDF FILE |
consent-16522550147-121453071_._CONSENT_TO_REGISTER_OBJ.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\881\077\88107726\xml8\ROA0004.JPG |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Benjamin U. Okeke/ |
SIGNATORY'S NAME |
Benjamin U. Okeke |
SIGNATORY'S POSITION |
Associate General Counsel, Attorney of Record, Maryland bar member |
SIGNATORY'S PHONE NUMBER |
503-671-6453 |
DATE SIGNED |
06/21/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jun 21 17:59:39 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20190621175939875675-8810
7726-6201f37c8f29e7c9ed1d
5be406383b3bffa7884b4bd57
78ac88d2d3cc7979acd1-N/A-
N/A-20190621121453071162 |
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.
88107726 OBJ (Stylized and/or with Design, see http://uspto.report/TM/88107726/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In the Office Action issued December 22, 2018 for the referenced application, the Examining Attorney requested clarification to the origin of the name OBJ in the mark, and if it identifies a
particular living individual. The name shown in the mark identifies Odell Beckham Jr., a living individual whose consent is of record. A written consent to use and registration of the name is
included in this response. It is also noted, the Examining Attorney identified U.S. Application Serial No. 87130151 as preceding Applicant's filing date. Also attached to this response is a Letter of
Consent to Register, signed by Royalty Only, LLC, the Applicant of Serial No. 87130151. As also required by the Examining Attorney, the specification of goods and services have been updated to
conform to the Trademark Office's acceptable identifications. Therefore, as Applicant has addressed all issues raised by the Examining Attorney, it is respectfully requested and submitted, U.S.
Application No. 88107726 be approved for publication.
EVIDENCE
Evidence in the nature of Letter of Consent to Register, signed by Royalty Only, LLC. has been attached.
Original PDF file:
evi_16522550147-20190621121453071162_._LETTER_OF_CONSENT_OBJ.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Sports bags; backpacks; duffle bags; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks (luggage) and suitcases; umbrellas; shoulder
bags; accessories of leather and imitations of leather; leather straps
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
Proposed:
Tracked Text Description: Sports bags;
backpacks;
duffle bags;
messenger bags;
tote bags;
gym bags;
drawstring pouches;
waist bags;
kit bags;
trunks (luggage) and suitcases;
trunks being luggage and suitcases;
umbrellas;
shoulder bags;
accessories of leather and imitations of leather;
accessories of leather and imitations of
leather, namely, leather bags, leather wallets, imitation leather bags, and imitation leather wallets;
leather strapsClass 018 for Sports bags; backpacks; duffle
bags; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks being luggage and suitcases; umbrellas; shoulder bags; accessories of leather and imitations of leather,
namely, leather bags, leather wallets, imitation leather bags, and imitation leather wallets; leather straps
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Footwear; football shoes; cleats for attachment to sports shoes; apparel, namely, jerseys, pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts, hoods,
sweatpants, vests, tank tops, warm-up suits, jackets, anoraks, coats, underwear, belts, sports bras, socks, wrist bands, headbands, headwear, hats, caps, visors, sweatbands, sweaters, skirts,
dresses, scarves, gloves; athletic uniforms; athletic tights; compression sleeves for athletic use; padded elbow compression sleeves sold as an integral component of athletic clothing, namely, for
jerseys or uniforms
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
Proposed:
Tracked Text Description: Footwear;
football shoes;
cleats for attachment to sports shoes;
apparel, namely, jerseys, pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts, hoods, sweatpants, vests, tank tops, warm-up suits, jackets, anoraks, coats, underwear, belts,
sports bras, socks, wrist bands, headbands, headwear, hats, caps, visors, sweatbands, sweaters, skirts, dresses, scarves, gloves;
apparel, namely, jerseys,
pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts, hoods, sweatpants, vests, tank tops, warm-up suits, jackets, anoraks, coats, underwear, belts, sports bras, socks, wrist bands,
headbands, headwear, hats, caps being headwear, visors being headwear, sweatbands, sweaters, skirts, dresses, scarves, gloves;
athletic uniforms;
athletic tights;
compression sleeves for athletic use;
padded elbow compression sleeves sold as an integral component of
athletic clothing, namely, for jerseys or uniforms;
padded elbow compression sleeves sold as an integral component of athletic clothing, namely, jerseys or
uniformsClass 025 for Footwear; football shoes; cleats for attachment to sports shoes; apparel, namely, jerseys, pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts, hoods,
sweatpants, vests, tank tops, warm-up suits, jackets, anoraks, coats, underwear, belts, sports bras, socks, wrist bands, headbands, headwear, hats, caps being headwear, visors being headwear,
sweatbands, sweaters, skirts, dresses, scarves, gloves; athletic uniforms; athletic tights; compression sleeves for athletic use; padded elbow compression sleeves sold as an integral component of
athletic clothing, namely, jerseys or uniforms
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Sports balls; footballs; football shoulder pads; football elbow pads; football knee pads; athletic supporters; machines for physical exercise; weights for lifting; ball
weights for exercise; exercise ropes, namely, weighted ropes for strength training; bags specifically for carrying sports equipment; gloves for football
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
Proposed:
Tracked Text Description: Sports balls;
footballs;
football shoulder pads;
football elbow
pads;
football knee pads;
athletic supporters;
machines for physical exercise;
weights for
lifting;
ball weights for exercise;
exercise ropes, namely, weighted ropes for strength training;
bags
specifically for carrying sports equipment;
bags specially adapted for carrying sports equipment;
gloves for footballClass 028
for Sports balls; footballs; football shoulder pads; football elbow pads; football knee pads; athletic supporters; machines for physical exercise; weights for lifting; ball weights for exercise;
exercise ropes, namely, weighted ropes for strength training; bags specially adapted for carrying sports equipment; gloves for football
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services and on-line retail store services featuring apparel, apparel accessories, footwear, footwear accessories, headwear, eyewear and accessories,
sporting goods and equipment, bags, sports bags, sports and fitness products and accessories, near field communication (NFC) technology-enabled apparel and footwear, near field communication (NFC)
tags, radio frequency identification (RFID) tags, computer application software for mobile phones and personal digital devices; advertising, business management, business administration, office
functions, and marketing
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
Proposed:
Tracked Text Description: Retail store services and on-line retail store services featuring apparel, apparel accessories, footwear, footwear accessories, headwear, eyewear
and accessories, sporting goods and equipment, bags, sports bags, sports and fitness products and accessories, near field communication (NFC) technology-enabled apparel and footwear, near field
communication (NFC) tags, radio frequency identification (RFID) tags, computer application software for mobile phones and personal digital devices;
advertising, business management, business administration, office functions, and marketing;
advertising, business management, business administration,
provided office functions, and marketingClass 035 for Retail store services and on-line retail store services featuring apparel, apparel accessories, footwear, footwear accessories, headwear,
eyewear and accessories, sporting goods and equipment, bags, sports bags, sports and fitness products and accessories, near field communication (NFC) technology-enabled apparel and footwear, near
field communication (NFC) tags, radio frequency identification (RFID) tags, computer application software for mobile phones and personal digital devices; advertising, business management, business
administration, provided office functions, and marketing
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Providing classes in the field of sports and fitness training; entertainment services, namely, live group fitness activities; entertainment services, namely, providing
pre-recorded audio and video programs of sports and fitness training sessions via a website or computer application software; organizing sport events in the field of football; athletic and sports
event services, namely, organizing, arranging, and conducting, contests, clinics, camps, tournaments, and exhibitions; education services, namely, providing mentoring in the field of football
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
Proposed:
Tracked Text Description: Providing classes in the field of sports and fitness training;
entertainment services, namely, live group
fitness activities;
entertainment services in the nature of live group fitness activities, namely, live performances of group fitness activities by trainers and
athletes;
entertainment services, namely, providing pre-recorded audio and video programs of sports and fitness training sessions via a website or computer
application software;
entertainment services, namely, a continuing, pre-recorded audio and video program about sports and fitness training sessions accessible
via web-based applications and application software;
organizing sport events in the field of football;
athletic and sports event
services, namely, organizing, arranging, and conducting, contests, clinics, camps, tournaments, and exhibitions;
organizing, arranging, and conducting,
football-related social entertainment events in the nature of contests, clinics, camps, tournaments, and exhibitions;
education services, namely, providing mentoring in the
field of footballClass 041 for Providing classes in the field of sports and fitness training; entertainment services in the nature of live group fitness activities, namely, live performances
of group fitness activities by trainers and athletes; entertainment services, namely, a continuing, pre-recorded audio and video program about sports and fitness training sessions accessible via
web-based applications and application software; organizing sport events in the field of football; organizing, arranging, and conducting, football-related social entertainment events in the nature of
contests, clinics, camps, tournaments, and exhibitions; education services, namely, providing mentoring in the field of football
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage 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.
ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Odell Beckham, Jr., a living individual, whose consent(s) to register is made of record.
Original PDF file:
consent-16522550147-121453071_._CONSENT_TO_REGISTER_OBJ.pdf
Converted PDF file(s) ( 1 page)
Consent File1
SIGNATURE(S)
Response Signature
Signature: /Benjamin U. Okeke/ Date: 06/21/2019
Signatory's Name: Benjamin U. Okeke
Signatory's Position: Associate General Counsel, Attorney of Record, Maryland bar member
Signatory's Phone Number: 503-671-6453
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: 88107726
Internet Transmission Date: Fri Jun 21 17:59:39 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201906211759398
75675-88107726-6201f37c8f29e7c9ed1d5be40
6383b3bffa7884b4bd5778ac88d2d3cc7979acd1
-N/A-N/A-20190621121453071162