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. 88585869 LA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8858586 9/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Downloadable software in the nature of mobile applications for displaying information relating to football exhibitions, football schedules, media guides, audio and visual recordings relating to football; football helmets; protective helmets for sports; sports helmets; cell phone covers; magnetically encoded charge cards; decorative magnets; prerecorded compact discs and DVDs featuring the sport of football; video games software and computer game software; computer mouse pads; sunglasses, eyeglass cases; downloadable ring tones via the internet and wireless devices; downloadable graphics featuring content relating to football for use on computers and mobile phones and downloadable music files via a global computer network and wireless devices; decorative refrigerator magnets; video game cartridges and discs and computer game tapes; video game discs and computer game discs; video game cassettes and computer game cassettes; video game cartridges and computer game cartridges; video game CD-roms and computer game CD-roms; cinematographic and television films, namely, motion picture films featuring football; Jewelry, watches, clocks, earrings, tie pins, bracelets, necklaces, charms for jewelry; rings being jewelry, collectible coins, commemorative coins, non-monetary coins of precious metal, pendants and key chains made of precious metal, charms for jewelry in precious metals or coated therewith, costume jewelry, cuff links, tie clips, decorative boxes made of precious metal, jewelry charms, key chains of precious metals, lapel pins, medals, ornamental novelty pins, precious metal trophies; Posters; calendars; pictorial prints; series of books relating to football; magazines relating to football; stickers; bumper stickers; printed tickets to sports games and events; souvenir programs for sports events; sports trading cards; notepads; picture postcards; art pictures; stationery; pens and pencils; printed collectible trading cards; collectible trading cards and memorabilia holders specially adapted for holding collectible trading cards; cardboard and paper hangtags; packaging, namely, blister cards, paper for wrapping and packaging; collector albums for sticker collectables; sticker albums; collectable printed photographs; photo albums; photographs; framed art pictures; labels, namely, printed paper labels; folders; paper place mats; paper table mats; paper napkins; paper tablecloths; paper table linens; paper lunch bags; greeting cards; pictures; decals; temporary tattoo transfers; coloring books; children's activity books; notebooks; memo pads; date books; address books; agenda books; markers; pencil sharpeners; pencil cases; rubber stamps; stamp pads; chalk; paper banners; printed paper signs for doors; drawing rulers; erasers, rubber erasers; chalk erasers; blackboard erasers; decorative decals for vehicle windows; vinyl static cling decals relating to football, namely, decals on which football team names, logos, uniforms or events are printed for affixation to windows and windshields; lithographs; paper party bags; stencils for tracing designs onto paper; paper gift wrap; paper cake decorations; paper; indoor ornaments of paper, namely, party ornaments of paper; Toys and sporting goods, namely, plush toys, stuffed animals, toy action figures, toy action figure accessories therefor, cases for action figures, playsets for use with action figures, toy vehicles, dolls, sports balls, golf bags, golf club covers, footballs, board games relating to football, playing cards, jigsaw puzzles, billiard balls, dart boards, toy miniature helmets, toy helmets, toy foam novelty items, namely, foam fingers and hands, hand-held units for playing electronic game other than those adapted for use with an electronic external display screen or monitor, tabletop action skill games; construction toys, Christmas tree decorations; toy spinning tops; arcade games, kites, bobble-head dolls, puppets, card games, toy guitars, toy water guns, doll furniture, party favors in the nature of crackers and noisemakers, skateboards, toy scooters, paper party favors; Subscription to a television channel, namely, continuing subscription video program in the field of sports broadcast over the internet and a continuing subscription audio program in the field of football broadcast over the internet; Television broadcasting services; television transmission services; cable television broadcasting; radio broadcasting; broadcasting programming on the Internet; information transmission via electronic communications networks; transmission of information through video communication systems; communication services, namely, audio and video broadcasting; broadcasting services and provision of telecommunication access to video and audio content provided via a video on demand service via the Internet and television; streaming of audio material on the Internet; streaming of video material on the Internet; telecommunication services, namely, transmission of podcasts; electronic delivery of images and photos via a global computer network; providing multiple-user access to a global computer information network for the purpose of participating in interactive polling in the field of football; wireless communications services, namely, transmission of information, namely, text, graphics, data, and entertainment information to mobile phones; mobile media services in the nature of electronic transmission of entertainment media content

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 042 ) for Downloadable software in the nature of mobile applications for displaying information relating to football exhibitions, football schedules, media guides, audio and visual recordings relating to football; football helmets; protective helmets for sports; sports helmets; cell phone covers; magnetically encoded charge cards; decorative magnets; prerecorded compact discs and DVDs featuring the sport of football; downloadable video games software and downloadable computer game software; computer mouse pads; sunglasses, eyeglass cases; downloadable ring tones via the internet and wireless devices; downloadable graphics featuring content relating to football for use on computers and mobile phones and downloadable music files via a global computer network and wireless devices; decorative refrigerator magnets; video game cartridges and discs and computer game tapes; video game discs and computer game discs; video game cassettes and computer game cassettes; video game cartridges and computer game cartridges; recorded video game programs on CD-roms and recorded computer game programs on CD-roms; cinematographic and television films, namely, motion picture films featuring football
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 014 for Jewelry, watches, clocks, earrings, tie pins, bracelets, necklaces, charms for jewelry; rings being jewelry, collectible coins, commemorative coins, non-monetary coins of precious metal, pendants and key chains made of precious metal, charms for jewelry in precious metals or coated therewith, costume jewelry, cuff links, tie clips, decorative boxes made of precious metal, jewelry charms, key chains of precious metals, lapel pins, medals, ornamental novelty pins ; precious metal trophies
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 016 for Posters; calendars; pictorial prints; series of books relating to football; magazines relating to football; stickers; bumper stickers; printed tickets to sports games and events; souvenir programs for sports events; sports trading cards; notepads; picture postcards; art pictures; stationery; pens and pencils; printed collectible trading cards; collectible trading cards and memorabilia holders specially adapted for holding collectible trading cards; cardboard and paper hangtags; packaging, namely, blister cards, paper for wrapping and packaging; collector albums for sticker collectables; sticker albums; collectable printed photographs; photo albums; photographs; framed art pictures; labels, namely, printed paper labels; folders; paper place mats; paper table mats; paper napkins; paper tablecloths; paper table linens; paper lunch bags; greeting cards; pictures; decals; temporary tattoo transfers; coloring books; children's activity books; notebooks; memo pads; date books; address books; agenda books; markers; pencil sharpeners; pencil cases; rubber stamps; stamp pads; chalk; paper banners; printed paper signs for doors; drawing rulers; erasers, rubber erasers; chalk erasers; blackboard erasers; decorative decals for vehicle windows; vinyl static cling decals relating to football, namely, decals on which football team names, logos, uniforms or events are printed for affixation to windows and windshields; lithographs; paper party bags; stencils for tracing designs onto paper; paper gift wrap; paper cake decorations; paper; indoor ornaments of paper, namely, party ornaments of paper
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 028 for Toys and sporting goods, namely, plush toys, stuffed animals, toy action figures, toy action figure accessories therefor, cases for action figures, playsets for use with action figures, toy vehicles, dolls, sports balls, golf bags, golf club covers, footballs, board games relating to football, playing cards, jigsaw puzzles, billiard balls, dart boards, toy miniature helmets, toy helmets, toy foam novelty items, namely, foam fingers and hands, hand-held units for playing electronic game other than those adapted for use with an electronic external display screen or monitor, tabletop action skill games; construction toys, Christmas tree decorations; toy spinning tops; arcade games, kites, bobble-head dolls, puppets, card games, toy guitars, toy water guns, doll furniture, party favors in the nature of crackers and noisemakers, skateboards, toy scooters, paper party favors
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 038 for Subscription to a television channel, namely, continuing subscription video program in the field of sports broadcast over the internet and a continuing subscription audio program in the field of football broadcast over the internet; Television broadcasting services; television transmission services; cable television broadcasting; radio broadcasting; broadcasting programming on the Internet; information transmission via electronic communications networks; transmission of information through video communication systems; communication services, namely, audio and video broadcasting services over the internet; broadcasting services and provision of telecommunication access to video and audio content provided via a video on demand service via the Internet and television; streaming of audio material on the Internet; streaming of video material on the Internet; telecommunication services, namely, transmission of podcasts; electronic delivery of images and photos via a global computer network; providing multiple-user access to a global computer information network for the purpose of participating in interactive polling in the field of football; wireless communications services, namely, transmission of information, namely, text, graphics, data, and entertainment information to mobile phones; mobile media services in the nature of electronic transmission of entertainment media content
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.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of shaded stylized letters, "LA" with the left vertical stem in the letter, "A" placed between the left long shaded stem of the shaded letter, "L" and the short shaded right stem.

Significance of wording, letter(s), or numeral(s)
LA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.

Correspondence Information (current):
      Joel E. Tragesser
      PRIMARY EMAIL FOR CORRESPONDENCE: tm-dept@quarles.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): joel.tragesser@quarles.com; jordan.downham@quarles.com; stephanie.addington@quarles.com; anne.harvey@quarles.com

The docket/reference number is 173323.00040.
Correspondence Information (proposed):
      Joel E. Tragesser
      PRIMARY EMAIL FOR CORRESPONDENCE: tm-dept@quarles.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): joel.tragesser@quarles.com; jordan.downham@quarles.com; stephanie.addington@quarles.com; anne.harvey@quarles.com

The docket/reference number is 173323.00040.

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).

FEE(S)
Fee(s) in the amount of $1100 is being submitted.

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: /Joel E. Tragesser/      Date: 05/20/2020
Signatory's Name: Tragesser, Joel E.
Signatory's Position: Attorney of record, Indiana bar member
Signatory's Phone Number: (317) 399-2811


Response Signature
Signature: /Joel E. Tragesser/     Date: 05/20/2020
Signatory's Name: Tragesser, Joel E.
Signatory's Position: Attorney of record, Indiana bar member

Signatory's Phone Number: (317) 399-2811

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:    Joel E. Tragesser
   Quarles & Brady, LLP
   
   135 N. Pennsylvania St., Suite 2400
   Indianapolis, Indiana 46204
Mailing Address:    Joel E. Tragesser
   Quarles & Brady, LLP
   135 N. Pennsylvania St., Suite 2400
   Indianapolis, Indiana 46204
        
RAM Sale Number: 88585869
RAM Accounting Date: 05/20/2020
        
Serial Number: 88585869
Internet Transmission Date: Wed May 20 13:54:21 ET 2020
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20200520135421583
347-88585869-710a0622b331cd13149df8366f4
d498c1b1e2fff5b32b8455522318ef4b5e2-CC-5
4191934-20200519203829809496