Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88983954 MUSTARD(Standard Characters, see http://uspto.report/TM/88983954/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable computer application software for mobile electronic devices, namely, software for hosting and offering live and pre-recorded physical fitness and sports coaching and training content; Downloadable computer application software for mobile electronic devices, namely, software for hosting and offering videos and articles in the field of sports; Downloadable computer application software for mobile electronic devices, namely, software for selling sports training products
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

In International Class 009, the mark was first used at least as early as 00/00/2021 and first used in commerce at least as early as 00/00/2021.


Proposed:
Class 009 for Downloadable computer application software for mobile electronic devices, namely, software for hosting and offering live and pre-recorded physical fitness and sports coaching and training content; Downloadable computer application software for mobile electronic devices, namely, software for hosting and offering videos and articles in the field of sports; Downloadable computer application software for mobile electronic devices, namely, software for selling sports training products

Deleted Filing Basis: 1(b)
In International Class 009, the mark was first used at least as early as 00/00/2021 . and first used in commerce at least as early as 00/00/2021 .


Webpage URL: None Provided
Webpage Date of Access: None Provided

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; 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: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

In International Class 035, the mark was first used at least as early as 00/00/2021 and first used in commerce at least as early as 00/00/2021.


Proposed:
Class 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

Deleted Filing Basis: 1(b)
In International Class 035, the mark was first used at least as early as 00/00/2021 . and first used in commerce at least as early as 00/00/2021 .

Applicant hereby submits one(or more) specimen(s) for Class 035. The specimen(s) submitted consists of Screen shots displaying data processing/analysis and licencing of sports performance data.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Specimen File2


Webpage URL: http://teammstrd.com/faq/
Webpage Date of Access: 09/12/2022

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; 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: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

In International Class 041, the mark was first used at least as early as 00/00/2021 and first used in commerce at least as early as 00/00/2021.


Proposed:
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; providing a website featuring non-downloadable videos and articles in the field of sports

Deleted Filing Basis: 1(b)
In International Class 041, the mark was first used at least as early as 00/00/2021 . and first used in commerce at least as early as 00/00/2021 .


Webpage URL: None Provided
Webpage Date of Access: None Provided
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)
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: /lh/      Date: 09/12/2022
Signatory's Name: Liel Hollander
Signatory's Position: Attorney of Record, NY bar member
Signature method: Signed directly within the form

Response Signature
Signature: /lh/     Date: 09/12/2022
Signatory's Name: Liel Hollander
Signatory's Position: Attorney of Record, NY Bar Member
Signature method: Signed directly within the form

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: 88983954
Internet Transmission Date: Mon Sep 12 14:29:14 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2022091214291482
6000-88983954-8003b8ac9149a1cd264dec77ea
d7e956da39e19441f65c7992dc998bf21b192561
-N/A-N/A-20220912142306586144