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. 88290234 TPG(Standard Characters, see http://uspto.report/TM/88290234/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 025 for Clothing, namely, tank tops, pants, shorts, visors, beanies, footwear, headbands, wristbands, basketball shorts, basketball jerseys, basketball shoes, practice warm-up suits, soccer jerseys, soccer warm-up suits, soccer shoes, soccer socks, soccer uniforms, goalie jerseys, football jerseys, football socks, baseball jerseys, baseball pants, baseball hats, belts, clothing, namely, baseball stirrups, hockey jerseys, hockey socks, hockey sweat guard clothing, namely, moisture wicking shirts, pants, shorts, and socks, golf shirts, golf shoes, golf spikes, tennis shirts, tennis shorts, tennis shoes, boxing shorts, boxing shirts, mixed martial arts shirts, mixed martial arts shorts, running shorts, running shoes, track shoes
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: Clothing, namely, tank tops, pants, shorts, visors, beanies, footwear, headbands, wristbands, basketball shorts, basketball jerseys, basketball shoes, practice warm-up suits, soccer jerseys, soccer warm-up suits, soccer shoes, soccer socks, soccer uniforms, goalie jerseys, football jerseys, football socks, baseball jerseys, baseball pants, baseball hats, belts, clothing, namely, baseball stirrups, hockey jerseys, hockey socks, hockey sweat guard clothing, namely, moisture wicking shirts, pants, shorts, and socks, golf shirts, golf shoes, golf spikes, tennis shirts, tennis shorts, tennis shoes, boxing shorts, boxing shirts, mixed martial arts shirts, mixed martial arts shorts, running shorts, running shoes, track shoes; Clothing, namely, tank tops, pants, shorts, visors being headwear, padded headwear, beanies, footwear, headbands, wristbands, basketball shorts, basketball jerseys, basketball shoes, practice warm-up suits, soccer jerseys, soccer warm-up suits, soccer shoes, soccer socks, soccer uniforms, goalie jerseys, football jerseys, football socks, baseball jerseys, baseball pants, baseball hats, belts; clothing, namely, baseball stirrups in the nature of socks, hockey jerseys, hockey socks, hockey sweat protective clothing, namely, moisture wicking shirts, pants, shorts, protective padded pants, hockey pants shell, and socks, golf shirts, golf shoes, golf spikes, tennis shirts, tennis shorts, tennis shoes, boxing shorts, boxing shorts with protective padding, boxing shirts, mixed martial arts shirts, mixed martial arts shorts, running shorts, running shoes, track shoesClass 025 for Clothing, namely, tank tops, pants, shorts, visors being headwear, padded headwear, beanies, footwear, headbands, wristbands, basketball shorts, basketball jerseys, basketball shoes, practice warm-up suits, soccer jerseys, soccer warm-up suits, soccer shoes, soccer socks, soccer uniforms, goalie jerseys, football jerseys, football socks, baseball jerseys, baseball pants, baseball hats, belts; clothing, namely, baseball stirrups in the nature of socks, hockey jerseys, hockey socks, hockey sweat protective clothing, namely, moisture wicking shirts, pants, shorts, protective padded pants, hockey pants shell, and socks, golf shirts, golf shoes, golf spikes, tennis shirts, tennis shorts, tennis shoes, boxing shorts, boxing shorts with protective padding, boxing shirts, mixed martial arts shirts, mixed martial arts shorts, running shorts, running shoes, track shoes
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 Athletic equipment, namely, basketballs, basketball hoops, basketball hoop nets, mouth guards, soccer balls, shin guards for athletic use, goalie gloves, soccer flags for signaling of field boundaries, soccer goals, soccer goal nets, soccer goal frames, football face masks, shoulder pads for athletic use, neck rolls for athletic use, rib guards, back guards, football padding for pants and shirts, footballs, field goal markers, football yard markers, football kick stands, baseball gloves, bats, baseballs, baseball protective gear, namely, shin guards, chest protectors, face masks for baseball, knee savers; baseball bases, batting gloves, hockey face masks, hockey protective gear, namely, shoulder pads, elbow backs, padded gloves, hip protectors, ice skates, hockey sticks, pucks, hockey goals, hockey goal nets, hockey goal frames, mouth guards for athletic use, protective padded pants, shin guards, neck guards, hockey pants shell, golf balls, golf clubs, golf tees, golf pins, golf flags, golf tee boxes, golf tee holders, tennis rackets, tennis balls, tennis nets, boxing gloves, boxing mouth guards, mixed martial arts gloves, padded head gear, boxing shorts with protective padding, track starting blocks, track hurdles, track batons, shot-puts, high jump bars, high jump frames, pole vaults, landing pads, football gloves
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: Athletic equipment, namely, basketballs, basketball hoops, basketball hoop nets, mouth guards, soccer balls, shin guards for athletic use, goalie gloves, soccer flags for signaling of field boundaries, soccer goals, soccer goal nets, soccer goal frames, football face masks, shoulder pads for athletic use, neck rolls for athletic use, rib guards, back guards, football padding for pants and shirts, footballs, field goal markers, football yard markers, football kick stands, baseball gloves, bats, baseballs, baseball protective gear, namely, shin guards, chest protectors, face masks for baseball, knee savers; Athletic equipment, namely, basketballs, basketball hoops, basketball hoop nets, soccer balls, shin guards for athletic use, goalie gloves, soccer flags for signaling of field boundaries, soccer goals, soccer ball goal nets, soccer goal frames, shoulder pads for athletic use, neck rolls for athletic use for playing football, rib guards in the nature of protective padding for playing football, back guards in the nature of protective padding for playing football, protective football padding for pants and shirts, footballs, field goal markers, football yard markers, football kick stands, baseball gloves, bats for games, baseballs, baseball protective gear, namely, shin guards, chest protectors, face masks for baseball in the nature of catchers' masks, knee savers in the nature of knee guards for athletic use; baseball bases, batting gloves, hockey face masks, hockey protective gear, namely, shoulder pads, elbow backs, padded gloves, hip protectors, ice skates, hockey sticks, pucks, hockey goals, hockey goal nets, hockey goal frames, mouth guards for athletic use, protective padded pants, shin guards, neck guards, hockey pants shell, golf balls, golf clubs, golf tees, golf pins, golf flags, golf tee boxes, golf tee holders, tennis rackets, tennis balls, tennis nets, boxing gloves, boxing mouth guards, mixed martial arts gloves, padded head gear, boxing shorts with protective padding, track starting blocks, track hurdles, track batons, shot-puts, high jump bars, high jump frames, pole vaults, landing pads, football gloves; baseball bases, batting gloves, hockey face masks in the nature of catchers' masks, hockey protective gear, namely, shoulder pads, elbow pads, padded hockey gloves, hip protectors in the nature of protective padding for the hips for playing hockey, ice skates, hockey sticks, pucks, hockey goals, hockey goal nets, hockey goal frames, shin guards for athletic use, neck guards for athletic use, golf balls, golf clubs, golf tees, golf pins, golf flags, golf tee boxes, golf tee holders, tennis rackets, tennis balls, tennis nets, boxing gloves, mixed martial arts gloves, track starting blocks, track hurdles, track relay batons, shot-puts, high jump bars, high jump frames, poles for pole vaulting, landing pads in the nature of safety padding for use on floors of stadiums, gyms, and fields to prevent injury during sports events, football glovesClass 028 for Athletic equipment, namely, basketballs, basketball hoops, basketball hoop nets, soccer balls, shin guards for athletic use, goalie gloves, soccer flags for signaling of field boundaries, soccer goals, soccer ball goal nets, soccer goal frames, shoulder pads for athletic use, neck rolls for athletic use for playing football, rib guards in the nature of protective padding for playing football, back guards in the nature of protective padding for playing football, protective football padding for pants and shirts, footballs, field goal markers, football yard markers, football kick stands, baseball gloves, bats for games, baseballs, baseball protective gear, namely, shin guards, chest protectors, face masks for baseball in the nature of catchers' masks, knee savers in the nature of knee guards for athletic use; baseball bases, batting gloves, hockey face masks in the nature of catchers' masks, hockey protective gear, namely, shoulder pads, elbow pads, padded hockey gloves, hip protectors in the nature of protective padding for the hips for playing hockey, ice skates, hockey sticks, pucks, hockey goals, hockey goal nets, hockey goal frames, shin guards for athletic use, neck guards for athletic use, golf balls, golf clubs, golf tees, golf pins, golf flags, golf tee boxes, golf tee holders, tennis rackets, tennis balls, tennis nets, boxing gloves, mixed martial arts gloves, track starting blocks, track hurdles, track relay batons, shot-puts, high jump bars, high jump frames, poles for pole vaulting, landing pads in the nature of safety padding for use on floors of stadiums, gyms, and fields to prevent injury during sports events, football gloves
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 Athletic equipment, namely, mouth guards; hockey protective gear, namely, mouth guards for athletic use; mouth guards for boxing; padded headgear being sports helmets; protective sports helmet accessories that attach to helmets, namely, mouth guards and face masks
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: Cindy L. Caditz. Cindy L. Caditz of DAVIS WRIGHT TREMAINE LLP, is located at

      920 FIFTH AVENUE, SUITE 3300
      SEATTLE, Washington 98104
      US
The docket/reference number is 91240.

The phone number is 206-757-8097.

The fax number is 206.757.7097.

The email address is seatm@dwt.com

The applicants proposed attorney information: Cindy L. Caditz. Cindy L. Caditz of DAVIS WRIGHT TREMAINE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      920 FIFTH AVENUE, SUITE 3300
      SEATTLE, Washington 98104
      United States
The docket/reference number is 91240-39.

The phone number is 206-757-8097.

The fax number is 206.757.7097.

The email address is seatm@dwt.com

Cindy L. Caditz 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: CINDY L. CADITZ. CINDY L. CADITZ of DAVIS WRIGHT TREMAINE LLP, is located at

      920 FIFTH AVENUE, SUITE 3300
      SEATTLE, Washington 98104
      US
The docket/reference number is 91240.

The phone number is 206-757-8097.

The fax number is 206.757.7097.

The email address is seatm@dwt.com; cindycaditz@dwt.com; emilyeskew@dwt.com; michaelamalone@dwt.com

The applicants proposed correspondence information: Cindy L. Caditz. Cindy L. Caditz of DAVIS WRIGHT TREMAINE LLP, is located at

      920 FIFTH AVENUE, SUITE 3300
      SEATTLE, Washington 98104
      United States
The docket/reference number is 91240-39.

The phone number is 206-757-8097.

The fax number is 206.757.7097.

The email address is seatm@dwt.com; cindycaditz@dwt.com; emilyeskew@dwt.com; michaelamalone@dwt.com

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: /Cindy Caditz/      Date: 10/03/2019
Signatory's Name: Cindy L. Caditz
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 206.757.8097


Response Signature
Signature: /Cindy Caditz/     Date: 10/03/2019
Signatory's Name: Cindy L. Caditz
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 206.757.8097

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:    CINDY L. CADITZ
   DAVIS WRIGHT TREMAINE LLP
   
   920 FIFTH AVENUE, SUITE 3300
   SEATTLE, Washington 98104
Mailing Address:    Cindy L. Caditz
   DAVIS WRIGHT TREMAINE LLP
   920 FIFTH AVENUE, SUITE 3300
   SEATTLE, Washington 98104
        
RAM Sale Number: 88290234
RAM Accounting Date: 10/03/2019
        
Serial Number: 88290234
Internet Transmission Date: Thu Oct 03 17:45:22 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201910031745220
38238-88290234-610e5d75b8b797d9b238e2d72
be7b6bedd214e17dd5db84189f5da1625f1e5574
-DA-45215466-20191003173452432666