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)

---

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. 88170265 TENNESSEE(Standard Characters, see http://uspto.report/TM/88170265/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicant's Remarks in response to each of the issues identified in the outstanding Office Action and accompanying Exhibits identified in the Remarks. has been attached.
Original PDF file:
evi_69171206250-20190805164153021710_._67583m2-topto-20190805-RemarksOA_Attachment.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_69171206250-20190805164153021710_._67583m2-topto-20190805-Exhibit1_TSDRprintouts.pdf
Converted PDF file(s) ( 47 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Evidence-30
Evidence-31
Evidence-32
Evidence-33
Evidence-34
Evidence-35
Evidence-36
Evidence-37
Evidence-38
Evidence-39
Evidence-40
Evidence-41
Evidence-42
Evidence-43
Evidence-44
Evidence-45
Evidence-46
Evidence-47
Original PDF file:
evi_69171206250-20190805164153021710_._67583m2-topto-20190805-Exhibit2_TennesseeArticleHeadlines.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, providing on-line courses of instruction at the undergraduate and graduate level; Entertainment services in the nature of development, creation, production, distribution, and post-production of multimedia content in the field of college athletics; Organizing and conducting college sport competitions and athletic events; Providing news and information in the field of sports; Providing sports news and information in the field of college athletics
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 01/01/1936 and first used in commerce at least as early as 01/01/1936 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Educational services, namely, providing on-line courses of instruction at the undergraduate and graduate level; Entertainment services in the nature of development, creation, production, distribution, and post-production of multimedia content in the field of college athletics; Entertainment services in the nature of development, creation, production, distribution, and post-production of multimedia entertainment content in the field of college athletics; Organizing and conducting college sport competitions and athletic events; Providing news and information in the field of sports; Providing sports news and information in the field of college athleticsClass 041 for Educational services, namely, providing on-line courses of instruction at the undergraduate and graduate level; Entertainment services in the nature of development, creation, production, distribution, and post-production of multimedia entertainment content in the field of college athletics; Organizing and conducting college sport competitions and athletic events; Providing sports news and information in the field of college athletics
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 01/01/1936 and first used in commerce at least as early as 01/01/1936 , and is now in use in such commerce.
The applicant's current attorney information: Wade R. Orr. Wade R. Orr of LUEDEKA NEELY GROUP, P.C., is located at

      P.O. BOX 1871
      KNOXVILL, Tennessee 37901
      US
The docket/reference number is 67583.M2.

The phone number is 865-546-4305.

The fax number is 865-523-4478.

The email address is worr@luedeka.com

The applicants proposed attorney information: Wade R. Orr. Wade R. Orr of LUEDEKA NEELY GROUP, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 1871
      KNOXVILLE, Tennessee 37901
      United States
The docket/reference number is 67583.M2.

The phone number is 865-546-4305.

The fax number is 865-523-4478.

The email address is worr@luedeka.com

Wade R. Orr submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).
The applicant's current correspondence information: WADE R. ORR. WADE R. ORR of LUEDEKA NEELY GROUP, P.C., is located at

      P.O. BOX 1871
      KNOXVILL, Tennessee 37901
      US
The docket/reference number is 67583.M2.

The phone number is 865-546-4305.

The fax number is 865-523-4478.

The email address is worr@luedeka.com

The applicants proposed correspondence information: Wade R. Orr. Wade R. Orr of LUEDEKA NEELY GROUP, P.C., is located at

      P.O. BOX 1871
      KNOXVILLE, Tennessee 37901
      United States
The docket/reference number is 67583.M2.

The phone number is 865-546-4305.

The fax number is 865-523-4478.

The email address is worr@luedeka.com

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /WadeROrr/      Date: 08/05/2019
Signatory's Name: Wade R. Orr
Signatory's Position: Attorney of record, Tennessee bar member
Signatory's Phone Number: 865-546-4305


Response Signature
Signature: /WadeROrr/     Date: 08/05/2019
Signatory's Name: Wade R. Orr
Signatory's Position: Attorney of record, Tennessee bar member

Signatory's Phone Number: 865-951-8116

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    WADE R. ORR
   LUEDEKA NEELY GROUP, P.C.
   
   P.O. BOX 1871
   KNOXVILL, Tennessee 37901
Mailing Address:    Wade R. Orr
   LUEDEKA NEELY GROUP, P.C.
   P.O. BOX 1871
   KNOXVILLE, Tennessee 37901
        
Serial Number: 88170265
Internet Transmission Date: Mon Aug 05 16:49:33 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908051649334
09483-88170265-610fdefe07aa0f1a79a79718c
9b29dc0ed953465a49ac35b7455dec81c72efe9-
N/A-N/A-20190805164153021710