Post Publication Amendment

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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 11/30/2023)

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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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 11/30/2023)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88324844 RALLY(Standard Characters, see http://uspto.report/TM/88324844/mark.png) has been amended as follows:

EXPLANATION OF FILING
This application was published by the USPTO on July 14, 2020. A Request to Extend Time to Oppose was filed by Rally Health, Inc. (Potential Opposer) on August 6, 2020, and a subsequent Request to Extend Time to Oppose was filed by Potential Opposer on October 27, 2020. Applicant and Potential Opposer have agreed to terms to avoid an opposition proceeding, which include Applicant's agreement to amend the description of services in both classes of the application to include the limiting provision: all of the foregoing not in connection with cycling-related products and services.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 041 for Rental of sports equipment, except vehicles; Conducting of sports competitions; entertainment in the nature of racquet sport tournaments; entertainment in the nature of racquet sport games; entertainment services in the nature of hosting social entertainment events; entertainment services in the nature of organizing social entertainment events; entertainment services in the nature of professional athletes competing in racquet sports; entertainment services, namely, arranging and conducting of competitions in the field of racquet sports; instruction in the nature of racquet sport clinics; membership club services, namely, providing training to members in the field of racquet sports; operation of sports camps; organization of sports competitions; organizing and arranging exhibitions for entertainment purposes; personal coaching services in the field of racquet sports; Providing facilities for sports tournaments; social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members; sports training services in the field of racquet 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.


Proposed:

Tracked Text Description: Rental of sports equipment, except vehicles; Conducting of sports competitions; entertainment in the nature of racquet sport tournaments; entertainment in the nature of racquet sport games; entertainment services in the nature of hosting social entertainment events; entertainment services in the nature of organizing social entertainment events; entertainment services in the nature of professional athletes competing in racquet sports; entertainment services, namely, arranging and conducting of competitions in the field of racquet sports; instruction in the nature of racquet sport clinics; membership club services, namely, providing training to members in the field of racquet sports; operation of sports camps; organization of sports competitions; organizing and arranging exhibitions for entertainment purposes; personal coaching services in the field of racquet sports; Providing facilities for sports tournaments; social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members; sports training services in the field of racquet sports; all of the foregoing not in connection with cycling-related products and servicesClass 041 for Rental of sports equipment, except vehicles; Conducting of sports competitions; entertainment in the nature of racquet sport tournaments; entertainment in the nature of racquet sport games; entertainment services in the nature of hosting social entertainment events; entertainment services in the nature of organizing social entertainment events; entertainment services in the nature of professional athletes competing in racquet sports; entertainment services, namely, arranging and conducting of competitions in the field of racquet sports; instruction in the nature of racquet sport clinics; membership club services, namely, providing training to members in the field of racquet sports; operation of sports camps; organization of sports competitions; organizing and arranging exhibitions for entertainment purposes; personal coaching services in the field of racquet sports; Providing facilities for sports tournaments; social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members; sports training services in the field of racquet sports; all of the foregoing not in connection with cycling-related products and services
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:

Current:
Class 043 for Providing facilities for exhibitions; Rental of meeting rooms; Rental of temporary accommodation
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: Providing facilities for exhibitions; Rental of meeting rooms; Rental of temporary accommodation; all of the foregoing not in connection with cycling-related products and servicesClass 043 for Providing facilities for exhibitions; Rental of meeting rooms; Rental of temporary accommodation; all of the foregoing not in connection with cycling-related products and services
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.
Correspondence Information (current):
      Patrick C. Asplin
      PRIMARY EMAIL FOR CORRESPONDENCE: pca@fplegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): abs@fplegal.com; tlg@fplegal.com
Correspondence Information (proposed):
      Patrick C. Asplin
      PRIMARY EMAIL FOR CORRESPONDENCE: pca@fplegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): abs@fplegal.com; tlg@fplegal.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)

Signature: /patrick asplin/     Date: 12/18/2020
Signatory's Name: Patrick C. Asplin
Signatory's Position: Attorney of Record

Signatory's Phone Number: (434) 220-6105

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:    Patrick C. Asplin
   Flora Pettit
   
   530 East Main Street
   Charlottesville, Virginia 22902
Mailing Address:    Patrick C. Asplin
   Flora Pettit
   530 East Main Street
   Charlottesville, Virginia 22902
        
Serial Number: 88324844
Internet Transmission Date: Sat Dec 19 13:34:26 ET 2020
TEAS Stamp: USPTO/PPA-XX.XXX.XX.XXX-2020121913342688
4758-88324844-75058e4c56b1adfc0fa8dd3be3
1c0aaeeb8f1da8513dcb983f5e29bdc65ae1715-
N/A-N/A-20201218190155049969