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. 88234723 SIQ(Standard Characters, see http://uspto.report/TM/88234723/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 computer software applications for presenting and displaying via the Internet analytics related to sports and sporting activities; a comprehensive tracking system for the collection and generation of analytics related to sports and sporting activities, comprised of video cameras, computers, image processors, video editing software and video display screens for recording and tracking movement patterns of players engaging in a sporting events.; Sporting equipment, namely, balls, pucks, sticks and rackets that include one or more embedded radio frequency identification tags
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 03/27/2013 and first used in commerce at least as early as 02/28/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software applications for presenting and displaying via the Internet analytics related to sports and sporting activities; a comprehensive tracking system for the collection and generation of analytics related to sports and sporting activities, comprised of video cameras, computers, image processors, video editing software and video display screens for recording and tracking movement patterns of players engaging in a sporting events.; A comprehensive tracking system for the collection and generation of analytics related to sports and sporting activities, comprised of video cameras, computers, image processors, video editing software and video display screens for recording and tracking movement patterns of players engaging in a sporting event.; Sporting equipment, namely, balls, pucks, sticks and rackets that include one or more embedded radio frequency identification tagsClass 009 for Computer software applications for presenting and displaying via the Internet analytics related to sports and sporting activities; A comprehensive tracking system for the collection and generation of analytics related to sports and sporting activities, comprised of video cameras, computers, image processors, video editing software and video display screens for recording and tracking movement patterns of players engaging in a sporting event.
Deleted Filing Basis: 1(a)
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 hereby adds the following class of goods/services to the application:
New: Class 028 for Sporting equipment, namely, balls, pucks, sticks and rackets that include one or more embedded radio frequency identification tags.
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.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Geza C. Ziegler Jr. of Ziegler IP Law Group LLC., having an address of
55 Greens Farms Road Westport, Connecticut 06880
United States
ptomail@gziplaw.com
2036590388
2032225299
The attorney docket/reference number is SPIQ.5417 .
The Other Appointed Attorney(s): Joseph V. Gamberdell Jr..

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
SPORTIQ CORPORATION FINLAND
SSTATZZ OY
JAUHOKUJA 3
HELSINKI
FI
00920

Proposed:
Geza C. Ziegler Jr. of Ziegler IP Law Group LLC., having an address of
55 Greens Farms Road Westport, Connecticut 06880
United States
ptomail@gziplaw.com;ziplaw@gziplaw.com
2036590388
2032225299
The docket/reference number is SPIQ.5417 .



ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4953159.


Significance of wording, letter(s), or numeral(s)
SIQ appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
1) Applicant withdraws its statement of aquired distinctiveness under Section 2(f). The Examining Attorney is requested to delete this from the application record. 2) Applicant withdraws the disclaimer. The Examining Attorney is requested to delete the disclaimer from the Application record.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /gcz44004/     Date: 04/01/2019
Signatory's Name: Geza C. Ziegler Jr.
Signatory's Position: Attorney of Record

Signatory's Phone Number: 2036590388

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.

Mailing Address:    Geza C. Ziegler Jr.
   Ziegler IP Law Group LLC.
   55 Greens Farms Road
   Westport, Connecticut 06880
        
RAM Sale Number: 88234723
RAM Accounting Date: 04/01/2019
        
Serial Number: 88234723
Internet Transmission Date: Mon Apr 01 10:32:33 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190401103233321
506-88234723-620de54af3172796688aadadaf7
a937ecb0517885e41ee4e83a3bd795335856e2-C
C-11049-20190401102831231417