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. 88224619 LAKERS GAMING (Stylized and/or with Design, see http://uspto.report/TM/88224619/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Audio recordings and video recordings featuring entertainment and information related to the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer programs for viewing information, statistics or trivia, in the field of basketball, electronic games, electronic sports and virtual sports; downloadable video recordings, downloadable recordings of video streams recordings, downloadable audio recordings, provided over the Internet and featuring entertainment and information related to the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer software for viewing databases of information, statistical information, trivia, polling information, and interactive polling in the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer software, namely, software featuring screen savers, and downloadable catalogs provided over the Internet featuring an array of products, all featuring themes in the nature of basketball, electronic games, electronic sports and virtual sports; computer game software; electronic game software; video game software; computer accessories, namely, blank USB flash drives; stands adapted for computers, laptops and tablet computers; computer keyboards, mouse pads, computer mice, computer styli, compact disc cases, computer carrying cases, protective sleeves for laptop and tablet computers, wrist rests for use with computers; battery chargers for mobile phones; USB charging ports; computer software to access and view computer wallpaper; computer skins, namely, fitted plastic film for covering and providing a scratch proof barrier for computer devices; video game cartridges; radios, electronic audio speakers, headphones and ear buds, wireless telephones, telephones; cell phone accessories, namely, headsets, straps for cell phones, fitted plastic films known as skins for covering and protecting cell phones, face plates and cell phone covers; electronics accessories, namely, fitted plastic films known as skins for covering and protecting electronic apparatus, namely, MP3 players, electronic tablets and personal portable digital assistant devices; covers and stands for MP3 players, electronic tablets and portable personal digital assistant devices; decorative switch plate covers, video monitors, computer monitors, binoculars; sunglasses; eyeglass frames; eyewear accessories, namely, eyewear straps and chains which restrain eyewear from movement on wearer; eyeglass and sunglass cases; magnets; disposable cameras; credit cards, debit cards, cash cards, key cards and pre-paid telephone calling cards all magnetically encoded; downloadable electronic game software; downloadable video game software; downloadable computer game software; downloadable interactive video games and downloadable trivia game software provided over the internet; downloadable computer software used for accessing and displaying digital screensavers and wallpaper, on computer browsers, for use in viewing data on the Internet, and for use in creating avatars for playing electronic games, electronic sports and virtual sports over the Internet; downloadable electronic publications in the nature of magazines and newsletters in the field of basketball, electronic games, electronic sports and virtual sports, as well as downloadable coloring books and game schedules all provided over the Internet; downloadable electronic greeting cards for sending by regular mail; downloadable virtual goods, namely, computer programs featuring emojis, stickers, badges, characters, clothes and accessories for use in electronic games, electronic sports and virtual sports; mouth guards for sports; all of the foregoing in the field of basketball, electronic games, electronic sports and virtual sports
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: Audio recordings and video recordings featuring entertainment and information related to the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer programs for viewing information, statistics or trivia, in the field of basketball, electronic games, electronic sports and virtual sports; downloadable video recordings, downloadable recordings of video streams recordings, downloadable audio recordings, provided over the Internet and featuring entertainment and information related to the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer software for viewing databases of information, statistical information, trivia, polling information, and interactive polling in the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer software, namely, software featuring screen savers, and downloadable catalogs provided over the Internet featuring an array of products, all featuring themes in the nature of basketball, electronic games, electronic sports and virtual sports; computer game software; electronic game software; video game software; computer accessories, namely, blank USB flash drives; stands adapted for computers, laptops and tablet computers; computer keyboards, mouse pads, computer mice, computer styli, compact disc cases, computer carrying cases, protective sleeves for laptop and tablet computers, wrist rests for use with computers; computer keyboards, mouse pads, computer mice, computer stylus, compact disc cases, computer carrying cases, protective sleeves for laptop and tablet computers, wrist rests for use with computers; battery chargers for mobile phones; USB charging ports; computer software to access and view computer wallpaper; computer skins, namely, fitted plastic film for covering and providing a scratch proof barrier for computer devices; video game cartridges; radios, electronic audio speakers, headphones and ear buds, wireless telephones, telephones; cell phone accessories, namely, headsets, straps for cell phones, fitted plastic films known as skins for covering and protecting cell phones, face plates and cell phone covers; electronics accessories, namely, fitted plastic films known as skins for covering and protecting electronic apparatus, namely, MP3 players, electronic tablets and personal portable digital assistant devices; covers and stands for MP3 players, electronic tablets and portable personal digital assistant devices; decorative switch plate covers, video monitors, computer monitors, binoculars; sunglasses; eyeglass frames; eyewear accessories, namely, eyewear straps and chains which restrain eyewear from movement on wearer; eyeglass and sunglass cases; magnets; disposable cameras; credit cards, debit cards, cash cards, key cards and pre-paid telephone calling cards all magnetically encoded; downloadable electronic game software; downloadable video game software; downloadable computer game software; downloadable interactive video games and downloadable trivia game software provided over the internet; downloadable computer software used for accessing and displaying digital screensavers and wallpaper, on computer browsers, for use in viewing data on the Internet, and for use in creating avatars for playing electronic games, electronic sports and virtual sports over the Internet; downloadable electronic publications in the nature of magazines and newsletters in the field of basketball, electronic games, electronic sports and virtual sports, as well as downloadable coloring books and game schedules all provided over the Internet; downloadable electronic greeting cards for sending by regular mail; downloadable virtual goods, namely, computer programs featuring emojis, stickers, badges, characters, clothes and accessories for use in electronic games, electronic sports and virtual sports; mouth guards for sports; all of the foregoing in the field of basketball, electronic games, electronic sports and virtual sportsClass 009 for Audio recordings and video recordings featuring entertainment and information related to the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer programs for viewing information, statistics or trivia, in the field of basketball, electronic games, electronic sports and virtual sports; downloadable video recordings, downloadable recordings of video streams recordings, downloadable audio recordings, provided over the Internet and featuring entertainment and information related to the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer software for viewing databases of information, statistical information, trivia, polling information, and interactive polling in the field of basketball, electronic games, electronic sports and virtual sports; downloadable computer software, namely, software featuring screen savers, and downloadable catalogs provided over the Internet featuring an array of products, all featuring themes in the nature of basketball, electronic games, electronic sports and virtual sports; computer game software; electronic game software; video game software; computer accessories, namely, blank USB flash drives; stands adapted for computers, laptops and tablet computers; computer keyboards, mouse pads, computer mice, computer stylus, compact disc cases, computer carrying cases, protective sleeves for laptop and tablet computers, wrist rests for use with computers; battery chargers for mobile phones; USB charging ports; computer software to access and view computer wallpaper; computer skins, namely, fitted plastic film for covering and providing a scratch proof barrier for computer devices; video game cartridges; radios, electronic audio speakers, headphones and ear buds, wireless telephones, telephones; cell phone accessories, namely, headsets, straps for cell phones, fitted plastic films known as skins for covering and protecting cell phones, face plates and cell phone covers; electronics accessories, namely, fitted plastic films known as skins for covering and protecting electronic apparatus, namely, MP3 players, electronic tablets and personal portable digital assistant devices; covers and stands for MP3 players, electronic tablets and portable personal digital assistant devices; decorative switch plate covers, video monitors, computer monitors, binoculars; sunglasses; eyeglass frames; eyewear accessories, namely, eyewear straps and chains which restrain eyewear from movement on wearer; eyeglass and sunglass cases; magnets; disposable cameras; credit cards, debit cards, cash cards, key cards and pre-paid telephone calling cards all magnetically encoded; downloadable electronic game software; downloadable video game software; downloadable computer game software; downloadable interactive video games and downloadable trivia game software provided over the internet; downloadable computer software used for accessing and displaying digital screensavers and wallpaper, on computer browsers, for use in viewing data on the Internet, and for use in creating avatars for playing electronic games, electronic sports and virtual sports over the Internet; downloadable electronic publications in the nature of magazines and newsletters in the field of basketball, electronic games, electronic sports and virtual sports, as well as downloadable coloring books and game schedules all provided over the Internet; downloadable electronic greeting cards for sending by regular mail; downloadable virtual goods, namely, computer programs featuring emojis, stickers, badges, characters, clothes and accessories for use in electronic games, electronic sports and virtual sports; mouth guards for sports; all of the foregoing in the field of basketball, electronic games, electronic sports and virtual sports
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.

The applicant's current attorney information: Anil V. George. Anil V. George of NBA PROPERTIES, INC., is located at

      OLYMPIC TOWER - 645 FIFTH AVENUE
      NEW YORK, New York 10022
      US
The docket/reference number is 34847-US-NF.

The phone number is 212-407-8330.

The email address is ipgroup@nba.com

The applicants proposed attorney information: Anil V. George. Anil V. George of NBA Properties, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Olympic Tower - 645 Fifth Avenue
      New York, New York 10022
      United States
The docket/reference number is 34847-US-NF.

The phone number is 212-407-8330.

The email address is ipgroup@nba.com

Anil V. George submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: ANIL V. GEORGE. ANIL V. GEORGE of NBA PROPERTIES, INC., is located at

      OLYMPIC TOWER - 645 FIFTH AVENUE
      NEW YORK, New York 10022
      US
The docket/reference number is 34847-US-NF.

The phone number is 212-407-8330.

The email address is ipgroup@nba.com; avgeorge@nba.com; cmatthews@nba.com

The applicants proposed correspondence information: Anil V. George. Anil V. George of NBA Properties, Inc., is located at

      Olympic Tower - 645 Fifth Avenue
      New York, New York 10022
      United States
The docket/reference number is 34847-US-NF.

The phone number is 212-407-8330.

The email address is ipgroup@nba.com; avgeorge@nba.com; cmatthews@nba.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use GAMING apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /avg/     Date: 09/09/2019
Signatory's Name: Anil V. George
Signatory's Position: Attorney of record; NY bar member

Signatory's Phone Number: 212-407-8330

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:    ANIL V. GEORGE
   NBA PROPERTIES, INC.
   
   OLYMPIC TOWER - 645 FIFTH AVENUE
   NEW YORK, New York 10022
Mailing Address:    Anil V. George
   NBA Properties, Inc.
   Olympic Tower - 645 Fifth Avenue
   New York, New York 10022
        
Serial Number: 88224619
Internet Transmission Date: Mon Sep 09 16:59:17 EDT 2019
TEAS Stamp: USPTO/ROA-XX.X.XXX.X-2019090916591789364
8-88224619-610874aff2966bb55ef5377c70a25
b62b0e0fe5f5f7690197a6dd78580f32cea-N/A-
N/A-20190909165706249350