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. 88264514 WORLD HIGH STAKES GOLF CHAMPIONSHIPS(Standard Characters, see http://uspto.report/TM/88264514/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

This is in responseto the Examining Attorney’s letter dated April 12, 2019, for U.S. Application Serial No. 88264514for the mark “WORLD HIGH STAKES GOLF CHAMPIONSHIPS” for the following services in Class 41, as originally stated in the application:

 

“Arranging and conducting athletic competitions; Entertainment in the nature of golf tournaments; Entertainment in the nature of competitions in the field of athletic and sports events; Entertainment services, namely, arranging and conducting of competitions for athletic and sports events, competitions, exhibitions, tournaments and international tournaments rendered live and through broadcast media including television and radio, and via a global computer network or a commercial on-line service; Entertainment services, namely, providing computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Games enhancements within computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Providing online reviews of computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Entertainment services, namely, organizing and conducting an array of athletic events rendered live and recorded for the purpose of distribution through broadcast media; Entertainment services, namely, providing computer model of reality in which users can interact through social games for recreational, leisure or entertainment purposes; Production and distribution of motion pictures; Production and distribution of radio programs; Production and distribution of television shows and movies; Production of cable television programs; Providing news and information in the field of sports; Providing various facilities for an array of sporting events, sports and athletic competitions and awards programs; Providing games and game applications on social, mobile, personal electronic devices, portable electronic devices and gaming platforms; Providing interactive games and gaming via internet website portal; Providing electronic games; Conducting and providing facilities for gaming contests and tournaments; Providing a web-based system and on-line portal for customers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours for recreational computer game playing purposes; Radio program syndication; Television program syndication; Betting services; Gambling services; Wagering services; Educational services, namely, conducting classes, seminars and workshops in the field of computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Providing of information relating to computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Gaming; Interactive gaming; Organizing and conducting contests, tournaments and other games of chance; Organizing, conducting and operating live gaming contests and tournaments; Computer game software; Electronic game programs; Downloadable computer game programs; Interactive game programs; Computer software platforms for on-line computer games, online e-sport computer games, online interactive computer games, online computer games in mobile wireless form, online computer games for social interaction, and online computer game applications; Electronic software updates, namely, downloadable computer software and associated data files for updating computer software in the fields of on-line computer games, online e-sport computer games, online interactive computer games, online computer games in mobile wireless form, online computer games for social interaction, and online computer game applications, provided via computer and communication networks; Video game software; Video game programs; Computer software platforms for social networking; Interactive video game programs; Downloadable electronic game programs; Computer software platforms for social networking that may be accessed via the internet, computers, computer operating systems and wireless devices; Computer software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information in the fields of virtual communities, electronic gaming, entertainment, and general interest via the internet or other communications networks with third parties; Computer programs for video and computer games; Downloadable electronic game software for cellular telephones; Downloadable electronic game software for wireless devices; Downloadable electronic game software for use with social networking applications and on social networking websites.”

REMARKS

The Examining Attorney has refused registration of Applicant’s mark WORLD HIGH STAKES GOLF CHAMPIONSHIPS under Section 2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e)(1). Additionally, the Examining Attorney requires a disclaimer statement, and a clarified identification statement in conjunction with the addition of International Class 9, and the reclassification of some of the services in Class 9.  The Applicant respectfully submits that the refusal should be withdrawn for the reasons set forth below.

 

Rejection Under Section 2(e)(1) of the Trademark Act

The Applicant has an intent to use WORLD HIGH STAKES GOLF CHAMPIONSHIPS in commerce in connection with the aforementioned Services (as amended herein).

The basis of the Examining Attorney’s rejection is that the mark “WORLD HIGH STAKES GOLF CHAMPIONSHIPS” is merely descriptive of features of the services, “namely, high stakes golf championships that are worldwide in scope.” The Applicant respectfully disagrees.

In reviewing a trademarkapplication, the ExaminingAttorney has the burden of establishing that the mark is merely descriptive. See In re Eon Comm’s Corp.,No. 75/439499 (TTAB 2001). To the extent there is any doubt as to whether the mark is merely descriptive, such doubt must be resolvedin favor of the Applicantand the mark published for opposition. See In re Morton-Norwich Products, Inc., 209 USPQ 791 (TTAB 1981).

A mark is “merely descriptive” only if it “forthwith conveys an immediateidea of the ingredients, qualitiesor characteristics of the goods and/or services.” Abercrombie & Fitch Co. v. HuntingWorld, Inc., 189 USQP 759, 765 (2d Cir. 1976). Further, in order to be “merely descriptive,” the mark must convey such ideas not only immediately, but with a “degree of particularity.” Plus Productsv. Medical ModalitiesAssociations, Inc., 211 USPQ 1199, 1204-05 (TTAB 1981). “[I]f one must exercise mature thought or follow a multi-stage reasoningprocess in order to determinewhat product or service characteristics the term indicates, the term is suggestive rather than merely descriptive.” In re Tennis in the Round, Inc., 199 USPQ 196, 197 (TTAB 1978). Even a “minor degree of descriptiveness does not destroy the suggestiveness, or trademark significance.” J. Gilson, TrademarkPractitioner and Practice, § 2.04 (1994).

 

Accordingly, in the present matter, the Examining Attorney must demonstrate that the mark WORLD HIGH STAKES GOLF CHAMPIONSHIPS conveys an immediate idea of significant characteristics of goods or services for which the mark has sought registration. The Applicant agrees that the definitions of “world”, “high stakes”, “golf” and “championships” provided by the Examining Attorney in Attachment 2, 10, 15, and 22 of the Office Action are accurate when used conventionally, but these definitions do not support the conclusion that the mark WORLD HIGH STAKES GOLF CHAMPIONSHIPS for the services set forth the application (and as amended herein), is descriptive or merely descriptive.

Applicant did not select the word “World” for its mark for the purpose of communicating to consumers that its services were necessarily worldwide in scope. Applicant chose to use the word “World” in its mark to communicate to consumers the connection between Applicant’s mark, and the marks associated with the “World Series of Golf” tournaments, owned by World Series of Golf, LLC (hereinafter “WSOG”), a Nevada company based in Las Vegas that is affiliated with the Applicant. Both companies’ services are based on a combination of online wagering with offline amateur sports, played as tournaments and/or extensions of the game concept in various types of digital media.

WSOG owns the currently active mark “World Series of Golf Club Championship”, U.S. Registration No. 3455195, as well as the cancelled mark “G World Series of Golf High Stakes Golf”, U.S. Registration No. 3529354. The words in the Applicant’s mark are meant to convey that Applicant’s services are affiliated with those of WSOG.

“High stakes” is used in the mark for essentially the same reason “World” is. The dictionary definition of high stakes is not synonymous with the Applicant’s services, as they target a demographic of amateur athletes and ordinary consumers in the general public. The general public is unlikely to risk “losing a great deal” over online or land-based games. However, given that Applicant’s services involve WSOG’s combination golf/wagering game, “high stakes” is used because it is likely to create the initial impression that the mark is suggestive of the wagering aspect of the game, as well as the game's Las Vegas origins.

The Applicant respectfully submits that the definition of  “golf” offered by the Examining Attorney: “a game in which a player using special clubs attempts to sink a ball with as few strokes as possible into each of the 9 or 18 successive holes on a course.”, does not describe Applicant’s services. The Applicant’s services are related to the services of its affiliate, WSOG, which was built upon its unconventional adaptation of golf, combining land-based golf with poker-style wagering. Wagering is kept track of in real time by online applications on the players’ mobile electronic devices during the land-based round of golf. The players’ strategy in the wagering aspect of the game is directly dependent on each player’s performance in the land-based game. Prior to tee-ing up at each hole, each golfer places a wager on aspects of the performance of the other players in the group. Unlike conventional golf, winning this game is not based on one’s golf skill. In fact, even terrible golfers can win this version of golf, if their skill or luck in the wagering aspect of the game exceeds their athletic ability.

 

These tournaments were televised by WSOG and/or its predecessors for several years on major networks, further distinguishing them from conventional golf in that the players are amateurs, not the professional golfers normally seen in televised golf championships. The golf game the mark refers to is further distinguished from the dictionary definition of golf as it is an athletic competition in which winning is partially independent of the participants’ athletic skills. After the advent of smartphones and mobile devices, the unconventional golf game evolved further to take advantage of the advances in hardware, software, and online interactivity - the Class 41 (and as amended, Class 9) services that the Applicant intends this mark to apply to. As such, the mark does not convey to the relevant consumer any degree of particularity as to the specific golf services being offered, nor does it immediately convey significant characteristics of the services under the dictionary definitions offered by the Examining Attorney.

 

Based on the foregoing, the Applicant respectfully submits that the mark WORLD HIGH STAKES GOLF CHAMPIONSHIPS is suggestive. “Suggestive marks are those that when applied to goods or services at issue, require imagination, thought, or perception to reach a conclusion as to the nature of those goods or services.”  TMEP § 1209.01(a).  When presented with the mark WORLD HIGH STAKES GOLF CHAMPIONSHIPS, the ordinary consumer will need to draw upon imagination, cogitation or gathering of further information in order to understand anything specific about the services and perceive the significance of the mark.

 

Ultimately, any doubt as to registerability under 2(e)(1) should be resolved in the Applicant’s favor.  In re Atavio Inc., 25 USPQ2d 1361 (TTAB 1992). Based upon the foregoing, the Applicant respectfully requests the withdrawal of the refusal.

 

Please note that the Applicant is not seeking amendment to the Supplemental Register in this response.

Requirement - Amendment to the Disclaimer Statement & Identification of Goods and Services

The Applicant herein adopts the Examining Attorney’s suggested amended disclaimer: “No claim is made to the exclusive right to use “GOLF CHAMPIONSHIPS” apart from the mark as shown.”

The Applicant herein adopts the Examining Attorney's suggested amended identification and classification of goods and services as stated in the appropriate section of this form.

CONCLUSION

In light of the foregoing, it is respectfully requested that the Examining Attorneywithdraw the refusal of record and pass this application to publication on the Principal register in due course.

 

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Arranging and conducting athletic competitions; Entertainment in the nature of golf tournaments; Entertainment in the nature of competitions in the field of athletic and sports events; Entertainment services, namely, arranging and conducting of competitions for athletic and sports events, competitions, exhibitions, tournaments and international tournaments rendered live and through broadcast media including television and radio, and via a global computer network or a commercial on-line service; Entertainment services, namely, providing computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Games enhancements within computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Providing online reviews of computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Entertainment services, namely, organizing and conducting an array of athletic events rendered live and recorded for the purpose of distribution through broadcast media; Entertainment services, namely, providing computer model of reality in which users can interact through social games for recreational, leisure or entertainment purposes; Production and distribution of motion pictures; Production and distribution of radio programs; Production and distribution of television shows and movies; Production of cable television programs; Providing news and information in the field of sports; Providing various facilities for an array of sporting events, sports and athletic competitions and awards programs; Providing games and game applications on social, mobile, personal electronic devices, portable electronic devices and gaming platforms; Providing interactive games and gaming via internet website portal; Providing electronic games; Conducting and providing facilities for gaming contests and tournaments; Providing a web-based system and on-line portal for customers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours for recreational computer game playing purposes; Radio program syndication; Television program syndication; Betting services; Gambling services; Wagering services; Educational services, namely, conducting classes, seminars and workshops in the field of computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Providing of information relating to computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Gaming; Interactive gaming; Organizing and conducting contests, tournaments and other games of chance; Organizing, conducting and operating live gaming contests and tournaments; Computer game software; Electronic game programs; Downloadable computer game programs; Interactive game programs; Computer software platforms for on-line computer games, online e-sport computer games, online interactive computer games, online computer games in mobile wireless form, online computer games for social interaction, and online computer game applications; Electronic software updates, namely, downloadable computer software and associated data files for updating computer software in the fields of on-line computer games, online e-sport computer games, online interactive computer games, online computer games in mobile wireless form, online computer games for social interaction, and online computer game applications, provided via computer and communication networks; Video game software; Video game programs; Computer software platforms for social networking; Interactive video game programs; Downloadable electronic game programs; Computer software platforms for social networking that may be accessed via the internet, computers, computer operating systems and wireless devices; Computer software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information in the fields of virtual communities, electronic gaming, entertainment, and general interest via the internet or other communications networks with third parties; Computer programs for video and computer games; Downloadable electronic game software for cellular telephones; Downloadable electronic game software for wireless devices; Downloadable electronic game software for use with social networking applications and on social networking websites
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: Arranging and conducting athletic competitions; Entertainment in the nature of golf tournaments; Entertainment in the nature of competitions in the field of athletic and sports events; Entertainment services, namely, arranging and conducting of competitions for athletic and sports events, competitions, exhibitions, tournaments and international tournaments rendered live and through broadcast media including television and radio, and via a global computer network or a commercial on-line service; Entertainment services, namely, providing computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Entertainment services, namely, providing computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications via the Internet; Games enhancements within computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Providing information on-line relating to games enhancements within computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Providing online reviews of computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Entertainment services, namely, organizing and conducting an array of athletic events rendered live and recorded for the purpose of distribution through broadcast media; Entertainment services, namely, providing computer model of reality in which users can interact through social games for recreational, leisure or entertainment purposes; Production and distribution of motion pictures; Production and distribution of radio programs; Production and distribution of television shows and movies; Production of cable television programs; Providing news and information in the field of sports; Providing various facilities for an array of sporting events, sports and athletic competitions and awards programs; Providing games and game applications on social, mobile, personal electronic devices, portable electronic devices and gaming platforms; Providing interactive games and gaming via internet website portal; Providing electronic games; Providing electronic games by means of the Internet; Conducting and providing facilities for gaming contests and tournaments; Providing a web-based system and on-line portal for customers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours for recreational computer game playing purposes; Radio program syndication; Television program syndication; Betting services; Gambling services; Wagering services; Educational services, namely, conducting classes, seminars and workshops in the field of computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Providing of information relating to computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Gaming; On-line gaming services; Interactive gaming; Entertainment services, namely, providing temporary use of non-downloadable interactive games; Organizing and conducting contests, tournaments and other games of chance; Organizing and conducting contests, tournaments and other games of chance for entertainment purposes; Organizing, conducting and operating live gaming contests and tournaments; Organizing, conducting and operating live gaming contests and tournaments.; Computer game software; Electronic game programs; Downloadable computer game programs; Interactive game programs; Computer software platforms for on-line computer games, online e-sport computer games, online interactive computer games, online computer games in mobile wireless form, online computer games for social interaction, and online computer game applications; Electronic software updates, namely, downloadable computer software and associated data files for updating computer software in the fields of on-line computer games, online e-sport computer games, online interactive computer games, online computer games in mobile wireless form, online computer games for social interaction, and online computer game applications, provided via computer and communication networks; Video game software; Video game programs; Computer software platforms for social networking; Interactive video game programs; Downloadable electronic game programs; Computer software platforms for social networking that may be accessed via the internet, computers, computer operating systems and wireless devices; Computer software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information in the fields of virtual communities, electronic gaming, entertainment, and general interest via the internet or other communications networks with third parties; Computer programs for video and computer games; Downloadable electronic game software for cellular telephones; Downloadable electronic game software for wireless devices; Downloadable electronic game software for use with social networking applications and on social networking websitesClass 041 for Arranging and conducting athletic competitions; Entertainment in the nature of golf tournaments; Entertainment in the nature of competitions in the field of athletic and sports events; Entertainment services, namely, arranging and conducting of competitions for athletic and sports events, competitions, exhibitions, tournaments and international tournaments rendered live and through broadcast media including television and radio, and via a global computer network or a commercial on-line service; Entertainment services, namely, providing computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications via the Internet; Providing information on-line relating to games enhancements within computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Providing online reviews of computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Entertainment services, namely, organizing and conducting an array of athletic events rendered live and recorded for the purpose of distribution through broadcast media; Entertainment services, namely, providing computer model of reality in which users can interact through social games for recreational, leisure or entertainment purposes; Production and distribution of motion pictures; Production and distribution of radio programs; Production and distribution of television shows and movies; Production of cable television programs; Providing news and information in the field of sports; Providing various facilities for an array of sporting events, sports and athletic competitions and awards programs; Providing games and game applications on social, mobile, personal electronic devices, portable electronic devices and gaming platforms; Providing interactive games and gaming via internet website portal; Providing electronic games by means of the Internet; Conducting and providing facilities for gaming contests and tournaments; Providing a web-based system and on-line portal for customers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours for recreational computer game playing purposes; Radio program syndication; Television program syndication; Betting services; Gambling services; Wagering services; Educational services, namely, conducting classes, seminars and workshops in the field of computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; Providing of information relating to computer gaming, e-sport gaming, on-line games, interactive games, mobile games, social games and game applications; On-line gaming services; Entertainment services, namely, providing temporary use of non-downloadable interactive games; Organizing and conducting contests, tournaments and other games of chance for entertainment purposes; Organizing, conducting and operating live gaming contests and tournaments.
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 009 for Downloadable computer game software; Downloadable electronic game programs; Downloadable computer game programs; Downloadable interactive game programs; Downloadable computer software platforms for on-line computer games, online e-sport computer games, online interactive computer games, online computer games in mobile wireless form, online computer games for social interaction, and online computer game applications; Electronic software updates, namely, downloadable computer software and associated data files for updating computer software in the fields of on-line computer games, online e-sport computer games, online interactive computer games, online computer games in mobile wireless form, online computer games for social interaction, and online computer game applications, provided via computer and communication networks; Downloadable video game software; Downloadable video game programs; Downloadable computer software platforms for social networking; Downloadable interactive video game programs; Downloadable electronic game programs; Downloadable computer software platforms for social networking that may be accessed via the internet, computers, computer operating systems and wireless devices; Downloadable computer software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information in the fields of virtual communities, electronic gaming, entertainment, and general interest via the internet or other communications networks with third parties; Downloadable computer programs for video and computer games; Downloadable electronic game software for cellular telephones; Downloadable electronic game software for wireless devices; Downloadable electronic game software for use with social networking applications and on social networking websites.
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
Disclaimer
No claim is made to the exclusive right to use "GOLF CHAMPIONSHIPS" apart from the mark as shown.


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

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: /Stephanie Nott/      Date: 10/12/2019
Signatory's Name: Stephanie Nott
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 585-218-9999 ext 407; 516-328-2300


Response Signature
Signature: /Stephanie Nott/     Date: 10/12/2019
Signatory's Name: Stephanie Nott
Signatory's Position: Attorney of Record, New York bar member

Signatory's Phone Number: 585-218-9999 ext 407; 516-328-2300

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.

        
RAM Sale Number: 88264514
RAM Accounting Date: 10/15/2019
        
Serial Number: 88264514
Internet Transmission Date: Sat Oct 12 23:49:21 EDT 2019
TEAS Stamp: USPTO/ROA-X.X.XX.XXX-2019101223492150418
9-88264514-61069ab581a311f8eddbc5ad6e6b2
b634a42a24304514d28627eca1e7ddc219-CC-49
202216-20191012230517883071