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. 88461497 THE BAY (Stylized and/or with Design, see http://uspto.report/TM/88461497/mark.png) has been amended as follows:

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

The Examining Attorney has refused registration of the applied-for mark in part because of a likelihood of confusion with US Registration No. 1164906 in connection with the following goods: credit cards, debit cards, cash cards magnetically encoded. Applicant hereby amends the instant application to delete these goods, submits an amended identification of goods with this response, and requests the Examining Attorney allow the application to proceed to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Audio recordings and video recordings featuring entertainment and information in the field of basketball; computer accessories, namely, blank USB flash drives, pre-recorded flash drives featuring information in the field of basketball; stands adapted for computers, laptops and tablet computers; hand grips, stands, and mounts adapted for handheld electronic devices, namely, smartphones, tablet computers, cameras, and portable sound and video players; computer keyboards, computer joystick peripherals, mouse pads, computer mice, computer stylus, capacitive styluses for touch screen devices, compact disc cases, computer carrying cases, protective sleeves for laptop and tablet computers, wrist rests for use with computers, all related to basketball; battery chargers for mobile phones; USB charging ports; computer programs for viewing information, statistics or trivia about basketball; computer software, namely, screen savers featuring basketball themes; computer software to access and view computer wallpaper; computer skins, namely, fitted plastic film known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, personal digital assistants, and electronic tablets; computer game software; video game software, video game cartridges; radios, electronic audio speakers, headphones and ear buds, wireless telephones, telephones; cell phone accessories, namely, headsets, mobile phone straps; covers and stands for portable music players, electronic tablets and portable personal digital assistant devices; decorative switch plate covers, video monitors, computer monitors, binoculars; sunglasses; eyeglass frames; eyewear accessories, namely, eyewear straps and chains which restrain eyewear from movement on wearer; eyeglass and sunglass cases; magnets; disposable cameras; credit cards, debit cards, cash cards, key cards and pre-paid telephone calling cards magnetically encoded; downloadable video recordings, video stream recordings, and downloadable audio recordings in the field of basketball provided over the Internet; downloadable computer software for viewing databases of information, statistical information, trivia, polling information, and interactive polling in the field of basketball provided over the Internet; downloadable computer game software; downloadable interactive video games and downloadable trivia game software provided over the internet; downloadable computer software for use as screensavers and wallpaper, to access and display computer browsers, for use in viewing data on the Internet; downloadable electronic publications in the nature of game schedules all in the field of basketball provided over the Internet; mouth guards for 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: Audio recordings and video recordings featuring entertainment and information in the field of basketball; Audio recordings and video recordings featuring entertainment in the nature of pre-recorded games and game highlights and information in the field of basketball; computer accessories, namely, blank USB flash drives, pre-recorded flash drives featuring information in the field of basketball; stands adapted for computers, laptops and tablet computers; stands adapted for desktop computers, laptops and tablet computers; hand grips, stands, and mounts adapted for handheld electronic devices, namely, smartphones, tablet computers, cameras, and portable sound and video players; hand grips, stands, and mounts specially adapted for use with handheld electronic devices, namely, smartphones, tablet computers, cameras, and portable sound and video players; computer keyboards, computer joystick peripherals, mouse pads, computer mice, computer stylus, capacitive styluses for touch screen devices, compact disc cases, computer carrying cases, protective sleeves for laptop and tablet computers, wrist rests for use with computers, all related to basketball; battery chargers for mobile phones; USB charging ports; computer programs for viewing information, statistics or trivia about basketball; downloadable computer programs for viewing information, statistics or trivia about basketball; computer software, namely, screen savers featuring basketball themes; downloadable computer software, namely, screen savers featuring basketball themes; computer software to access and view computer wallpaper; downloadable computer software to access and view computer wallpaper; computer skins, namely, fitted plastic film known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, personal digital assistants, and electronic tablets; computer game software; downloadable computer game software; video game software, video game cartridges; downloadable video game software, video game cartridges; radios, electronic audio speakers, headphones and ear buds, wireless telephones, telephones; cell phone accessories, namely, headsets, mobile phone straps; covers and stands for portable music players, electronic tablets and portable personal digital assistant devices; covers and stands specially adapted for use with portable music players, electronic tablets and portable personal digital assistant devices; decorative switch plate covers, video monitors, computer monitors, binoculars; sunglasses; eyeglass frames; eyewear accessories, namely, eyewear straps and chains which restrain eyewear from movement on wearer; eyeglass and sunglass cases; magnets; disposable cameras; credit cards, debit cards, cash cards, key cards and pre-paid telephone calling cards magnetically encoded; key cards and pre-paid telephone calling cards magnetically encoded; downloadable video recordings, video stream recordings, and downloadable audio recordings in the field of basketball provided over the Internet; downloadable video recordings, downloadable recordings of video streams video stream recordings, and downloadable audio recordings in the field of basketball provided over the Internet; downloadable computer software for viewing databases of information, statistical information, trivia, polling information, and interactive polling in the field of basketball provided over the Internet; downloadable computer game software; downloadable interactive video games and downloadable trivia game software provided over the internet; downloadable computer software for use as screensavers and wallpaper, to access and display computer browsers, for use in viewing data on the Internet; downloadable electronic publications in the nature of game schedules all in the field of basketball provided over the Internet; mouth guards for sportsClass 009 for Audio recordings and video recordings featuring entertainment in the nature of pre-recorded games and game highlights and information in the field of basketball; computer accessories, namely, blank USB flash drives, pre-recorded flash drives featuring information in the field of basketball; stands adapted for desktop computers, laptops and tablet computers; hand grips, stands, and mounts specially adapted for use with handheld electronic devices, namely, smartphones, tablet computers, cameras, and portable sound and video players; computer keyboards, computer joystick peripherals, mouse pads, computer mice, computer stylus, capacitive styluses for touch screen devices, compact disc cases, computer carrying cases, protective sleeves for laptop and tablet computers, wrist rests for use with computers, all related to basketball; battery chargers for mobile phones; USB charging ports; downloadable computer programs for viewing information, statistics or trivia about basketball; downloadable computer software, namely, screen savers featuring basketball themes; downloadable computer software to access and view computer wallpaper; computer skins, namely, fitted plastic film known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, personal digital assistants, and electronic tablets; downloadable computer game software; downloadable video game software, video game cartridges; radios, electronic audio speakers, headphones and ear buds, wireless telephones, telephones; cell phone accessories, namely, headsets, mobile phone straps; covers and stands specially adapted for use with portable music players, electronic tablets and portable personal digital assistant devices; decorative switch plate covers, video monitors, computer monitors, binoculars; sunglasses; eyeglass frames; eyewear accessories, namely, eyewear straps and chains which restrain eyewear from movement on wearer; eyeglass and sunglass cases; magnets; disposable cameras; key cards and pre-paid telephone calling cards magnetically encoded; downloadable video recordings, downloadable recordings of video streams video stream recordings, and downloadable audio recordings in the field of basketball provided over the Internet; downloadable computer software for viewing databases of information, statistical information, trivia, polling information, and interactive polling in the field of basketball provided over the Internet; downloadable computer game software; downloadable interactive video games and downloadable trivia game software provided over the internet; downloadable computer software for use as screensavers and wallpaper, to access and display computer browsers, for use in viewing data on the Internet; downloadable electronic publications in the nature of game schedules all in the field of basketball provided over the Internet; mouth guards for 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Golden State Warriors, LLC, a limited liability company legally organized under the laws of California, having an address of
      1011 Broadway
      Oakland, California 94607
      United States
      Email Address: ipgroup@nba.com
      212-407-8330
      646-264-4145
Proposed: Golden State Warriors, LLC, a limited liability company legally organized under the laws of California, having an address of
      1011 Broadway
      Oakland, California 94607
      United States
      Email Address: warriorsip@nba.com
      212-407-8330
      646-264-4145

The owner's/holder's current attorney information: Anil V. George. Anil V. George of NBA PROPERTIES, INC., is located at

      OLYMPIC TOWER - 645 FIFTH AVENUE
      NEW YORK, New York 10022
      United States
The docket/reference number is 34890-US-NF.
      The phone number is 212-407-8330.
      The fax number is 646-264-4145.
      The email address is ipgroup@nba.com

The owner's/holder's proposed attorney information: Anil V. George. Anil V. George of NBA Properties, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Olympic Tower - 645 Fifth Avenue
      New York, New York 10022
      United States
The docket/reference number is 34890-US-NF.
      The phone number is 212-407-8330.
      The fax number is 646-264-4145.
      The email address is ipgroup@nba.com

Anil V. George 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):
      ANIL V. GEORGE
      PRIMARY EMAIL FOR CORRESPONDENCE: ipgroup@nba.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): avgeorge@nba.com; cmatthews@nba.com

The docket/reference number is 34890-US-NF.
Correspondence Information (proposed):
      Anil V. George
      PRIMARY EMAIL FOR CORRESPONDENCE: ipgroup@nba.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): avgeorge@nba.com; cmatthews@nba.com

The docket/reference number is 34890-US-NF.

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: /avg/     Date: 02/27/2020
Signatory's Name: Anil V. George
Signatory's Position: Attorney of record; NY bar member

Signatory's Phone Number: 212-407-8330

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:    ANIL V. GEORGE
   NBA PROPERTIES, INC.
   
   OLYMPIC TOWER - 645 FIFTH AVENUE
   NEW YORK, New York 10022
Mailing Address:    Anil V. George
   NBA Properties, Inc.
   Olympic Tower - 645 Fifth Avenue
   New York, New York 10022
        
Serial Number: 88461497
Internet Transmission Date: Thu Feb 27 12:13:54 ET 2020
TEAS Stamp: USPTO/ROA-XX.X.XXX.X-2020022712135427653
3-88461497-7106f8816fafe2cfbca31de8b21b4
dff4aaab7786a460cfb7c28919947197f7a73b-N
/A-N/A-20200227114738565723