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. 88918254 MUSTARD(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88918254/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Analyzing and compiling business data; Data processing services in the field of sports; online retail store services featuring sports training products
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: Analyzing and compiling business data; Data processing services in the field of sports; online retail store services featuring sports training products; licensing of sports performance data, namely, commercial administration of the licensing of the sports performance data of othersClass 035 for Analyzing and compiling business data; Data processing services in the field of sports; online retail store services featuring sports training products; licensing of sports performance data, namely, commercial administration of the licensing of the sports performance data of others
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 041 for Physical fitness training of individuals and groups; Physical fitness training services; Physical fitness assessment services for sports training purposes; Coaching in the field of sports; Sports training services in the field of baseball and football; Sports training services; Physical fitness assessment services for sports training purposes; licensing of sports performance data; providing a website featuring non-downloadable videos and articles in the field of 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: Physical fitness training of individuals and groups; Physical fitness training services; Physical fitness assessment services for sports training purposes; Coaching in the field of sports; Sports training services in the field of baseball and football; Sports training services; Physical fitness assessment services for sports training purposes; providing a website featuring non-downloadable videos and articles in the field of sports; licensing of sports performance dataClass 041 for Physical fitness training of individuals and groups; Physical fitness training services; Physical fitness assessment services for sports training purposes; Coaching in the field of sports; Sports training services in the field of baseball and football; Sports training services; providing a website featuring non-downloadable videos and articles in the field of 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.
Correspondence Information (current):
      LIEL HOLLANDER
      PRIMARY EMAIL FOR CORRESPONDENCE: lhollander@hollanderesq.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Liel Hollander
      PRIMARY EMAIL FOR CORRESPONDENCE: lhollander@hollanderesq.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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).

SIGNATURE(S)
Response Signature
Signature: /lh/     Date: 12/14/2020
Signatory's Name: Liel Hollander
Signatory's Position: Attorney of Record, NY Bar Member

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:    LIEL HOLLANDER
   HOLLANDER LAW, P.C.
   
   10 BOND ST, SUITE 420
   GREAT NECK, New York 11021
Mailing Address:    Liel Hollander
   HOLLANDER LAW, P.C.
   10 BOND ST, SUITE 420
   GREAT NECK, New York 11021
        
Serial Number: 88918254
Internet Transmission Date: Mon Dec 14 15:16:26 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202012141516263736
89-88918254-750262c56c7691e6f7d91efa1647
e97b8b3133af644138d081a7769fef47cb57-N/A
-N/A-20201214150915414625