To: | Rocket Ball, Ltd. (ipgroup@nba.com) |
Subject: | U.S. Trademark Application Serial No. 88461867 - HOUSTON ROCKETS - 10036-US-NF3 |
Sent: | August 29, 2019 02:32:44 PM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88461867
Mark: HOUSTON ROCKETS
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Correspondence Address: |
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Applicant: Rocket Ball, Ltd.
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Reference/Docket No. 10036-US-NF3
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: August 29, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Anil V. George on August 28, 2019, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
Amendment – Identification of Goods:
The identification of goods is amended to read as follows: “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; 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 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 case 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” in International Class 09. See TMEP §§1402.01, 1402.01(e).
Section 2(f) in-part – Acquired Distinctiveness Claim:
The following claim of acquired distinctiveness under Trademark Act Section 2(f) is added to the record:
The word “HOUSTON” in the mark has become distinctive of the goods and/or services as evidenced by the ownership of active U.S. Registration No(s). 0976164, 2924353, 3235838 and others on the Principal Register for the same mark for sufficiently similar goods and/or services.
If the applicant has any questions or needs assistance, please telephone the assigned examining attorney.
Dominic R. Fathy
Trademark Examining Attorney
Law Office 104
571-272-8801
dominic.fathy@uspto.gov