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. 88460330 ACL(Standard Characters, see http://uspto.report/TM/88460330/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of The attached is the response of Applicant, through Counsel, to the Office Action sent via email on August 28, 2019 as it relates to likelihood of confusion refusal to Class 41. Applicant has responded to the other issues raised in the Office Action through the Response to Office Action Form. has been attached.
Original PDF file:
evi_2-248845160-20200227204324889377_._ROA__22ACL_22_88460330_.pdf
Converted PDF file(s) ( 24 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 041 for Entertainment services in the nature of organizing, conducting, arranging, and operating sports events, namely, cornhole games and exhibitions; Entertainment services in the nature of professional cornhole games and exhibitions rendered and through broadcast media, including television and radio, and via a global computer network or a commercial on-line service; Entertainment services in the nature or organizing, conducting, arranging, and operating sporting activities, namely, cornhole skills competitions and showcases; Entertainment services in the nature of live shows featuring cornhole games, exhibitions, competitions, and showcases; Informational services, namely, providing information in the field of cornhole; Entertainment services in the nature of development, creation, production, and post-production of multimedia entertainment
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/00/2015 and first used in commerce at least as early as 09/00/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services in the nature of organizing, conducting, arranging, and operating sports events, namely, cornhole games and exhibitions; Entertainment services in the nature of professional cornhole games and exhibitions rendered and through broadcast media, including television and radio, and via a global computer network or a commercial on-line service; Entertainment services in the nature of professional cornhole games and exhibitions broadcast via television, radio, and via a global computer network commercial on-line service; Entertainment services in the nature or organizing, conducting, arranging, and operating sporting activities, namely, cornhole skills competitions and showcases; Entertainment services in the nature or organizing, conducting, arranging, and operating sporting activities, namely, cornhole skills competitions and cornhole tournaments; Entertainment services in the nature of live shows featuring cornhole games, exhibitions, competitions, and showcases; Entertainment services in the nature of live cornhole games, exhibitions, competitions, and showcases; Informational services, namely, providing information in the field of cornhole; Entertainment services in the nature of development, creation, production, and post-production of multimedia entertainment content featuring cornhole games, exhibitions, competitions, showcases, and tournaments; Entertainment services in the nature of development, creation, production, and post-production of multimedia entertainmentClass 041 for Entertainment services in the nature of organizing, conducting, arranging, and operating sports events, namely, cornhole games and exhibitions; Entertainment services in the nature of professional cornhole games and exhibitions broadcast via television, radio, and via a global computer network commercial on-line service; Entertainment services in the nature or organizing, conducting, arranging, and operating sporting activities, namely, cornhole skills competitions and cornhole tournaments; Entertainment services in the nature of live cornhole games, exhibitions, competitions, and showcases; Entertainment services in the nature of development, creation, production, and post-production of multimedia entertainment content featuring cornhole games, exhibitions, competitions, showcases, and tournaments
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/00/2015 and first used in commerce at least as early as 09/00/2015 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: The ACL LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      2815 Wickersham Road
      Charlotte, North Carolina 28211
      United States

Proposed: The ACL LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      4500 Nations Crossing Road
      Charlotte, North Carolina 28217
      United States
      Email Address: stacey@iplaycornhole.com

The owner's/holder's current attorney information: Lance White, Esq. Lance White, Esq of APOLLO SPORTS & ENTERTAINMENT LAW GROUP, is located at

      1300 BAXTER STREET SUITE 100B
      CHARLOTTE, North Carolina 28204
      United States
      The email address is Lance@apollogrouplaw.com

The owner's/holder's proposed attorney information: Lance White, Esq. Other appointed attorneys are Lauri Eberhart, Esq.. Lance White, Esq of APOLLO SPORTS & ENTERTAINMENT LAW GROUP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1300 BAXTER STREET SUITE 100B
      CHARLOTTE, North Carolina 28204
      United States
      The email address is Lance@apollogrouplaw.com

Lance White, Esq 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.Correspondence Information (current):
      LANCE WHITE, ESQ
      PRIMARY EMAIL FOR CORRESPONDENCE: Lance@apollogrouplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Lauri@apollogrouplaw.com
Correspondence Information (proposed):
      Lance White, Esq
      PRIMARY EMAIL FOR CORRESPONDENCE: Lance@apollogrouplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Lauri@apollogrouplaw.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)
Response Signature
Signature: /Lance White/     Date: 02/27/2020
Signatory's Name: Lance White
Signatory's Position: Attorney of record, North Carolina bar member

Signatory's Phone Number: 7043347741

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:    LANCE WHITE, ESQ
   APOLLO SPORTS & ENTERTAINMENT LAW GROUP
   
   1300 BAXTER STREET SUITE 100B
   CHARLOTTE, North Carolina 28204
Mailing Address:    Lance White, Esq
   APOLLO SPORTS & ENTERTAINMENT LAW GROUP
   1300 BAXTER STREET SUITE 100B
   CHARLOTTE, North Carolina 28204
        
Serial Number: 88460330
Internet Transmission Date: Thu Feb 27 21:00:50 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20200227210050006
415-88460330-7103b6039b3554a27f26bccdcf5
97374a6de8be7f929d7dea5f0432bd2d870f-N/A
-N/A-20200227204324889377