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)

---

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. 88324844 RALLY(Standard Characters, see http://uspto.report/TM/88324844/mark.png) has been amended as follows:

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

Applicant respectfully submits that its proposed revisions to the descriptions of services herein eliminate any likelihood of confusion with the registrations cited in the Examining Attorney's Office Action dated May 14, 2019 because the provision of food and beverages is clearly incidental to the primary services described in Classes 41 and 43, and not in the form of restaurant services.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
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; Organisation 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
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: 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 in the nature of racquet sport games and providing food, beverages, and beer in connection therewith; Entertainment services in the nature of hosting social entertainment events; entertainment services in the nature of hosting social entertainment events and providing food, beverages, and beer in connection therewith; Entertainment services in the nature of organizing social entertainment events; entertainment services in the nature of organizing social entertainment events and providing food, beverages, and beer in connection therewith; Entertainment services in the nature of professional athletes competing in racquet sports; entertainment services in the nature of professional athletes competing in racquet sports and providing food, beverages, and beer in connection therewith; Entertainment services, namely, arranging and conducting of competitions in the field of racquet sports; entertainment services, namely, arranging and conducting of competitions in the field of racquet sports and providing food, beverages, and beer in connection therewith; instruction in the nature of racquet sport clinics; Membership club services, namely, providing training to members in the field of racquet sports; membership club services, namely, providing training to members in the field of racquet sports and providing food, beverages, and beer in connection therewith; operation of sports camps; Organisation of sports competitions; organization of sports competitions; Organizing and arranging exhibitions for entertainment purposes; organizing and arranging exhibitions for entertainment purposes and providing food, beverages, and beer in connection therewith; personal coaching services in the field of racquet sports; Providing facilities for sports tournaments; Providing facilities for sports tournaments and providing food, beverages, and beer in connection therewith; Social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members; social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members and providing food, beverages, and beer in connection therewith; Sports training services in the field of racquet sports; sports training services in the field of racquet sports and providing food, beverages, and beer in connection therewithClass 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 and providing food, beverages, and beer in connection therewith; entertainment services in the nature of hosting social entertainment events and providing food, beverages, and beer in connection therewith; entertainment services in the nature of organizing social entertainment events and providing food, beverages, and beer in connection therewith; entertainment services in the nature of professional athletes competing in racquet sports and providing food, beverages, and beer in connection therewith; entertainment services, namely, arranging and conducting of competitions in the field of racquet sports and providing food, beverages, and beer in connection therewith; instruction in the nature of racquet sport clinics; membership club services, namely, providing training to members in the field of racquet sports and providing food, beverages, and beer in connection therewith; operation of sports camps; organization of sports competitions; organizing and arranging exhibitions for entertainment purposes and providing food, beverages, and beer in connection therewith; personal coaching services in the field of racquet sports; Providing facilities for sports tournaments and providing food, beverages, and beer in connection therewith; social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members and providing food, beverages, and beer in connection therewith; sports training services in the field of racquet sports and providing food, beverages, and beer in connection therewith
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 043 for Bar and restaurant services; Beer garden services; Café and restaurant services; Coffee and juice bar services; Providing facilities for exhibitions; Rental of meeting rooms; Rental of temporary accommodation; Restaurant; Restaurant and bar services; Restaurant, bar and catering services; Serving of food and drink/beverages; Snack bar services
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: Bar and restaurant services; Providing facilities for exhibitions and serving food and beverages in connection therewith; Beer garden services; Rental of meeting rooms and serving food and beverages in connection therewith; Café and restaurant services; Rental of temporary accommodation and serving food and beverages in connection therewith; Coffee and juice bar services; Providing facilities for exhibitions; Rental of meeting rooms; Rental of temporary accommodation; Restaurant; Restaurant and bar services; Restaurant, bar and catering services; Serving of food and drink/beverages; Snack bar servicesClass 043 for Providing facilities for exhibitions and serving food and beverages in connection therewith; Rental of meeting rooms and serving food and beverages in connection therewith; Rental of temporary accommodation and serving food and beverages in connection therewith
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: Patrick C. Asplin. Patrick C. Asplin of Flora Pettit, is located at

      530 East Main Street
      Charlottesville, Virginia 22902
      US

The phone number is (434) 979-1400.

The fax number is (434) 977-5109.

The email address is pca@fplegal.com

The applicants proposed attorney information: Patrick C. Asplin. Other appointed attorneys are Andrew B. Stockment. Patrick C. Asplin of Flora Pettit, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      530 East Main Street
      Charlottesville, Virginia 22902
      United States

The phone number is (434) 979-1400.

The fax number is (434) 977-5109.

The email address is pca@fplegal.com

Patrick C. Asplin 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: Patrick C. Asplin. Patrick C. Asplin of Flora Pettit, is located at

      530 East Main Street
      Charlottesville, Virginia 22902
      US

The phone number is (434) 979-1400.

The fax number is (434) 977-5109.

The email address is pca@fplegal.com; abs@fplegal.com; tlg@fplegal.com

The applicants proposed correspondence information: Patrick C. Asplin. Patrick C. Asplin of Flora Pettit, is located at

      530 East Main Street
      Charlottesville, Virginia 22902
      United States

The phone number is (434) 979-1400.

The fax number is (434) 977-5109.

The email address is pca@fplegal.com; abs@fplegal.com; tlg@fplegal.com

SIGNATURE(S)
Response Signature
Signature: /patrick asplin/     Date: 11/14/2019
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: Thu Nov 14 11:46:22 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019111411462284
9205-88324844-700b9d7ade7818ac087317ba5b
135de7a1e5549eedbe70285abeded6dffc75-N/A
-N/A-20191114113744864273