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. 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