TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

---

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88482451

Filing Date: 06/20/2019

To the Commissioner for Trademarks:

MARK: BLACK BALL'D (Standard Characters, see mark)
The literal element of the mark consists of BLACK BALL'D.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicants, Ronald L. Fellows, a citizen of United States, having an address of
      9622 Hawkes Bay Way
      Elk Grove, California 95757
      United States
      916-760-8265(phone)
      ronfellows24@gmail.com (not authorized)
Darryl Williams, a citizen of United States, having an address of
      9622 Hawkes Bay Way
      Elk Grove, California 95757
      United States
      916-760-8265(phone)
request registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 025:  Athletic wear, namely, headwear, beach caps, running caps, gym caps, bike caps, exercise caps; golf caps; cap visors; visors; hats; skull caps; beach caps; beach hats; sun hats; shower caps; sports caps; desert caps; bathing caps; slumber caps; knitted caps; swimming caps; baseball caps; waterpolo caps; caps; caps with visors; sports hats; baseball hats; Clothing, namely, tops, bottoms, tee shirts, polo shirts, sweat shirts, cutoffs shirts, tank tops, hooded sweatshirts, sweater-shirts, jeans, jean shorts, jean skirts, shorts, walking shorts, cargo shorts, spandex shorts, spandex pants, sport coats, khakis, skirts, pants, dress slacks, slacks, ties, pocket squares, tuxedos, tuxedo shirts, vests, cummerbunds, belts, socks, athletic socks, dress socks, underwear, undergarments, coats, wind resistant jackets, gloves, scarves; men's dress suits; women's dress suits; Athletic wear, namely, workout tee shirts, tank tops, compression shirts, compression sleeveless tee shirts, compression shorts, workout pants and shorts, long sleeve hooded thin fabric shirts, workout / warm-up suits including long or short sleeve tops and pants; Yoga wear type workout clothes, namely, short and long sleeve tops, women's sports bras and sleeveless bra tops, shorts, and pants; Sports uniforms, namely, shirts, jerseys, pants, shorts, undergarments, socks, cleats or shoes, belts, hats; Footwear, shoes, athletic shoes, casual shoes, dress shoes; Headwear, baseball caps, beanies, dress hats, decorated hats.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Significance of wording, letter(s), or numeral(s)
The word(s) Black Ball'd has no meaning in a foreign language.

Miscellaneous Statement
Applicant would like to bring examiner's attention to Trademark Reg. No. 4,876,552 Black Ball - T-Shirts. Their specimen shows a merely ornamental use of the term Black Ball, this is not a use in commerce it should have been rejected in category 025. ===== Never the less there is not sufficient similarity between these two marks to merit a rejection on the basis of confusing similarity. As the evidence shows registrant is a boat and freight company, they ferry people back and forth. They do not have t-shirts available on their online gift shop. And all items for purchase are merely promoting the shipping line. This gift shop is the only place to purchase their t-shirts, if there are any. So the channels of trade are very limited to registrant's use. ===== Black Ball'd is a fanciful mark and shortens a phrase into two syllables. In terms of sight sound and meaning registrants mark is Black Ball, and the t-shirt in a merely ornamental use shows a black 8 ball that would be used in the game of billiards. The meaning in registrants mark is literally a ball that is the color black. ===== Applicants mark has a wholly different sight sound and meaning, the meaning of Black Ball'd is a slang term for being ostracized, but in this tense it is more about being unique and being okay with not being part of the mainstream. the meaning has nothing to do with a circular orb. Therefore there is no likelihood of confusion.

Original PDF file:
MIS-6621423662-20190610164810104426_._LED_merriam-webster-dictionary-blackball-2019-06-10-13_51_20.pdf
Converted PDF file(s) (4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_2.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_1.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_8.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_3.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_4.pdf
Converted PDF file(s) (3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_5.pdf
Converted PDF file(s) (8 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_6.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_7.pdf
Converted PDF file(s) (4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_9.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
MIS-6621423662-20190610164810104426_._Black_Ball_Nonuse_10.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2

The applicant's current Attorney Information:
      Michael O'Brien and Jack Fritz of The Law Office of Michael O'Brien      417 Mace Blvd. Suite J-119
      Davis, California 95618
      United States
      916-760-8265(phone)
      530-665-6948(fax)
      mobrien@obrienpatents.com (authorized)

The applicant's current Correspondence Information:

Michael O'Brien

The Law Office of Michael O'Brien

417 Mace Blvd. Suite J-119

Davis, California 95618

916-760-8265(phone)

530-665-6948(fax)

mobrien@obrienpatents.com;ronfellows24@gmail.com; jack@fritzlawgroup.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Michael O'Brien/   Date: 06/20/2019
Signatory's Name: Michael O'Brien
Signatory's Position: Attorney of Record. CA Bar Member.
Signature: /Michael O'Brien/   Date: 06/20/2019
Signatory's Name: Michael O'Brien
Signatory's Position: Attorney of Record. CA Bar Member.
Payment Sale Number: 88482451
Payment Accounting Date: 06/21/2019

Serial Number: 88482451
Internet Transmission Date: Thu Jun 20 18:41:07 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019062018410715
7547-88482451-620db7e6a6d78432c93d3fa3f9
dd61c36d9ec5c1da312d6c2adb577b730da73-CC
-5666-20190620183808167019