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)

---

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. 88463341 GOLDEN STATE WARRIORS (Stylized and/or with Design, see http://uspto.report/TM/88463341/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 on the basis that there is a likelihood of confusion with US Application Serial No. 88461345. Applicant has expressly abandoned the prior-filed application as, due to a technical error with the autofill feature, the application was incorrectly filed in the name of a different entity. As US Application Serial No. 88461345 is now abandoned, there is no likelihood of confusion, and Applicant asks that the Examining Attorney approve the instant application for publication.

EVIDENCE
Evidence in the nature of http://tsdr.gov.uspto.report/#caseNumber=88461345&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Link to USPTO TSDR search showing that the application has been expressly abandoned. has been attached.

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; 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; hand grips, stands, and mounts adapted for handheld electronic devices, namely, smartphones, tablet computers, cameras, and portable digital 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 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 tablet computers; computer game software; recorded 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 for portable music players, electronic tablet computers 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; credit cards, debit cards, cash cards, key cards and pre-paid telephone calling cards, all the aforementioned cards being 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 video stream recordings, and downloadable audio recordings in the field of basketball, all being downloadable from 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 software for viewing databases of information, statistical information, trivia, polling information, and interactive polling in the field of basketball, provided over being downloadable from the Internet; downloadable computer game software; downloadable interactive video games and downloadable trivia game software provided over the internet; downloadable interactive video games and downloadable trivia game software, provided over being downloadable from 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; downloadable electronic publications in the nature of game schedules all in the field of basketball, being downloadable from the Internet; mouth guards for sportsClass 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 digital 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 tablet computers; recorded 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 tablet computers 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, all the aforementioned cards being magnetically encoded; downloadable video recordings, downloadable video stream recordings, and downloadable audio recordings in the field of basketball, all being downloadable from 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 being downloadable from the Internet; downloadable computer game software; downloadable interactive video games and downloadable trivia game software, provided over being downloadable from 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, being downloadable from 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 34887-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 34887-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 34887-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 34887-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).

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1059621, 1675174, 3718639, and others.


SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
GOLDEN STATE has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
GOLDEN STATE has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4023695, 4023694, 4023693, 4023692, 3914261, 3718639, 1675174, 1059621


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /avg/      Date: 03/02/2020
Signatory's Name: Anil V. George
Signatory's Position: Attorney of record; NY bar member
Signatory's Phone Number: 212-407-8330


Response Signature
Signature: /avg/     Date: 03/02/2020
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: 88463341
Internet Transmission Date: Mon Mar 02 16:53:01 ET 2020
TEAS Stamp: USPTO/ROA-XX.X.XXX.X-2020030216530104460
1-88463341-710c6becf496046c16c309b764eeb
af91913b903ac36112ae9ff92f5a6fd7bf287b-N
/A-N/A-20200302165021096657