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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88460399 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88460399/mark.png |
LITERAL ELEMENT |
ACL |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a black parallelogram. Inside the black parallelogram is the wording "ACL" in all caps. "ACL" is in block white font,
inner-lined with a grey medium thick weighted line, and resembles the depth of the third dimension. "ACL" is surrounded by a thin white inner boarder. A stick figure stands on the top and in the
middle of the parallelogram. The stick figure appears to have thrown a cornhole bag. The cornhole bag has just been released from the stick figure's hand. |
OWNER SECTION (current) |
NAME |
The ACL LLC |
STREET |
2815 Wickersham Road |
CITY |
Charlotte |
STATE |
North Carolina |
ZIP/POSTAL CODE |
28211 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
The ACL LLC |
STREET |
4500 Nations Crossing Road |
CITY |
Charlotte |
STATE |
North Carolina |
ZIP/POSTAL CODE |
28217 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
stacey@iplaycornhole.com |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_248845160-20200227201721662526_._ROA_ACLFullLogo_88460399_.pdf |
CONVERTED PDF FILE(S)
(25 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0002.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0003.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0004.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0005.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0006.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0007.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0008.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0009.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0010.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0011.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0012.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0013.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0014.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0015.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0016.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0017.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0018.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0019.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0020.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0021.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0022.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0023.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0024.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0025.JPG |
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\\TICRS\EXPORT18\IMAGEOUT18\884\603\88460399\xml1\ROA0026.JPG |
DESCRIPTION OF EVIDENCE FILE |
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. |
GOODS AND/OR SERVICES SECTION (028) (no change) |
GOODS AND/OR SERVICES SECTION (041) (current) |
INTERNATIONAL CLASS |
041 |
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 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) |
FIRST USE ANYWHERE DATE |
At least as early as 09/00/2015 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/00/2015 |
GOODS AND/OR SERVICES SECTION (041) (proposed) |
INTERNATIONAL CLASS |
041 |
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
of 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
entertainment |
FINAL 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 broadcast via television, radio, and via a global computer network commercial on-line service;
Entertainment services in the nature of 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) |
FIRST USE ANYWHERE DATE |
At least as early as 09/00/2015 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/00/2015 |
ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) black, white and gray is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the white stylized letters "ACL" with gray lines all within a black parallelogram that features a thin white outline and a
stylized black figure tossing a black cornhole bag at the top. The remaining white represents background and does not form part of the mark. |
ATTORNEY INFORMATION (current) |
NAME |
Lance White, Esq |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
APOLLO SPORTS & ENTERTAINMENT LAW GROUP |
STREET |
1300 BAXTER STREET SUITE 100B |
CITY |
CHARLOTTE |
STATE |
North Carolina |
POSTAL CODE |
28204 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
704-334-7741 |
EMAIL |
Lance@apollogrouplaw.com |
ATTORNEY INFORMATION (proposed) |
NAME |
Lance White, Esq |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
APOLLO SPORTS & ENTERTAINMENT LAW GROUP |
STREET |
1300 BAXTER STREET SUITE 100B |
CITY |
CHARLOTTE |
STATE |
North Carolina |
POSTAL CODE |
28204 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
704-334-7741 |
EMAIL |
Lance@apollogrouplaw.com |
OTHER APPOINTED ATTORNEY |
Lauri Eberhart, Esq. |
CORRESPONDENCE INFORMATION (current) |
NAME |
LANCE WHITE, ESQ |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
Lance@apollogrouplaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
Lauri@apollogrouplaw.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Lance White, Esq |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
Lance@apollogrouplaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
Lauri@apollogrouplaw.com |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Lance White/ |
SIGNATORY'S NAME |
Lance White |
SIGNATORY'S POSITION |
Attorney of record, North Carolina bar member |
SIGNATORY'S PHONE NUMBER |
7043347741 |
DATE SIGNED |
02/27/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Feb 27 20:29:50 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
200227202950885534-884603
99-7101c2030a589ab4419d23
6fab22dc9f46134660ee6bda4
573e7e4ecf957e346b8-N/A-N
/A-20200227201721662526 |
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.
88460399 ACL (Stylized and/or with Design, see http://uspto.report/TM/88460399/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_248845160-20200227201721662526_._ROA_ACLFullLogo_88460399_.pdf
Converted PDF file(s) ( 25 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
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 of 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 of
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 phone number is 704-334-7741.
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 phone number is 704-334-7741.
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).
ADDITIONAL STATEMENTS
Color Claim
The color(s) black, white and gray is/are claimed as a feature of the mark.
Description of mark
The mark consists of the white stylized letters "ACL" with gray lines all within a black parallelogram that features a thin white outline and a stylized black figure tossing a black cornhole bag at
the top. The remaining white represents background and does not form part of the mark.
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: 88460399
Internet Transmission Date: Thu Feb 27 20:29:50 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20200227202950885
534-88460399-7101c2030a589ab4419d236fab2
2dc9f46134660ee6bda4573e7e4ecf957e346b8-
N/A-N/A-20200227201721662526