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 11/30/2023)

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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 11/30/2023)

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:

EVIDENCE
Evidence has been attached: Response remarks and exhibit in response to June 22, 2020 Office Action
Original PDF file:
evi_845141254-20201218165 433371193_._Response_Rema rks_Office_Action_LA_8858 5869.pdf
Converted PDF file(s) ( 8 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8
Original PDF file:
evi_845141254-20201218165 433371193_._Exhibit_A_Res ponse_to_OA_LA_Logo__8858 5869_.pdf
Converted PDF file(s) ( 17 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
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.


Proposed:

Tracked Text Description: 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; 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; precious metal trophiesClass 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; 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 proposes to amend the following:

Current:
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.


Proposed:

Tracked Text Description: 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, electronic transmission of information, namely, text, graphics, data, and entertainment information to mobile phones; 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 voice, data, images, signals, and messages featuring entertainment media content; mobile media services in the nature of electronic transmission of entertainment media contentClass 038 for 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, electronic transmission of information, namely, text, graphics, data, and entertainment information to mobile phones; mobile media services in the nature of electronic transmission of voice, data, images, signals, and messages featuring 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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 026 for Ornamental novelty pins
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 035 for Subscription to a television channel, namely, a continuing subscription featuring a video program in the field of sports broadcast over the internet and a continuing subscription featuring an audio program in the field of football broadcast over the internet
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
Disclaimer
No claim is made to the exclusive right to use LA apart from the mark as shown.


Miscellaneous Statement
Applicant states that the goods and services will be sold in as well as have other connections with Los Angeles.

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

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 $550 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: 12/19/2020
Signatory's Name: Joel E. Tragesser
Signatory's Position: Attorney of record, Indiana bar member
Signatory's Phone Number: (317) 399-2811


Response Signature
Signature: /Joel E. Tragesser/     Date: 12/19/2020
Signatory's Name: Joel E. Tragesser
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: 12/21/2020
        
Serial Number: 88585869
Internet Transmission Date: Sat Dec 19 12:37:27 ET 2020
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20201219123727444
316-88585869-7503d5ea43614f42fd64bd65567
5624d0323577ed668a536c711ac317af2aaf7-CC
-37248176-20201219122348907466