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. 88461976 ROCKETS(Standard Characters, see http://uspto.report/TM/88461976/mark.png) has been amended as follows:

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

identification of goods: applicant amends the application to insert ?all of the foregoing to promote the sport of basketball? in the identification of goods. Refusal: The applicant disagrees that the cited mark is confusingly similar and assets that in light of the above amendment regarding the identification of goods, the Trademark Examining Attorney should withdraw the refusal.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 020 for Toy boxes and chests, pillows and seat cushions; portable and folding stadium seats and cushions; plastic key tags; picture frames; hand-held mirrors; roller shades for windows with suction cups; caddies in the nature of magazine racks; wall plaques made of wood, wall plaques made of plastic; soft sculpture wall decorations; non-metal reusable bottle caps; non-metal clips for tablecloths; wooden signboards, decorative mobiles; steel furniture; recliners, chairs and stools; tables; portable and folding sports seats and stools; furniture; juvenile furniture; bedroom furniture; clothes hangers and coat hangers; non-metal trophy cups; bean bag chairs; non-metal coat racks; non-metal stands for holding and displaying various types of balls; dividers for drawers; plastic figurines; plastic pet identification tags; wood boxes; furniture chests; gift package decorations made of plastic; plastic novelty license plates; plastic name badges; non-metal name plates; figurines of plastic in the nature of garden gnomes; pillows and beds for household pets
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: Toy boxes and chests, pillows and seat cushions; Toy boxes and chests; pillows and seat cushions; portable and folding stadium seats and cushions; plastic key tags; picture frames; roller shades for windows with suction cups; hand-held mirrors; roller shades for interior windows with suction cups; wall plaques made of wood, wall plaques made of plastic; caddies in the nature of magazine racks; wall plaques made of wood; wall plaques made of plastic; soft sculpture wall decorations; wooden signboards, decorative mobiles; non-metal reusable bottle caps; non-metal clips for tablecloths; recliners, chairs and stools; wooden signboards; decorative mobiles; steel furniture; recliners, chairs, and stools; tables; portable and folding sports seats and stools; furniture; juvenile furniture; bedroom furniture; clothes hangers and coat hangers; non-metal trophy cups; bean bag chairs; non-metal coat racks; non-metal stands for holding and displaying various types of balls; dividers for drawers; plastic figurines; plastic pet identification tags; wood boxes; plastic name badges; furniture chests; non-metal name plates; gift package decorations made of plastic; plastic novelty license plates; non-metal nameplates; figurines of plastic in the nature of garden gnomes; pillows and beds for household pets; all of the foregoing to promote the sport of basketballClass 020 for Toy boxes and chests; pillows and seat cushions; portable and folding stadium seats and cushions; plastic key tags; picture frames; hand-held mirrors; roller shades for interior windows with suction cups; caddies in the nature of magazine racks; wall plaques made of wood; wall plaques made of plastic; soft sculpture wall decorations; non-metal reusable bottle caps; non-metal clips for tablecloths; wooden signboards; decorative mobiles; steel furniture; recliners, chairs, and stools; tables; portable and folding sports seats and stools; furniture; juvenile furniture; bedroom furniture; clothes hangers and coat hangers; non-metal trophy cups; bean bag chairs; non-metal coat racks; non-metal stands for holding and displaying various types of balls; dividers for drawers; plastic figurines; plastic pet identification tags; wood boxes; furniture chests; gift package decorations made of plastic; plastic novelty license plates; non-metal nameplates; figurines of plastic in the nature of garden gnomes; pillows and beds for household pets; all of the foregoing to promote the sport of basketball
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 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 5336-US-NF5.
      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 5336-US-NF5.
      The phone number is 212-407-8330.
      The fax number is 646-264-4145.
      The email address is rocketsip@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; pmorales@nba.com

The docket/reference number is 5336-US-NF5.
Correspondence Information (proposed):
      Anil V. George
      PRIMARY EMAIL FOR CORRESPONDENCE: rocketsip@nba.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): avgeorge@nba.com; pmorales@nba.com

The docket/reference number is 5336-US-NF5.

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
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5986408, 2109439, and 2012542.


SIGNATURE(S)
Response Signature
Signature: /Anil V. George/     Date: 02/28/2020
Signatory's Name: Anil V. George
Signatory's Position: Attorney of Record, NY Bar member

Signatory's Phone Number: 2124078330

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: 88461976
Internet Transmission Date: Fri Feb 28 21:39:32 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200228213932735
833-88461976-71098ab4e38c2ecbf102e042eba
84e15137108e5fa7ca1d3d439a6999899749f-N/
A-N/A-20200228212902069464