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. 90008298 BIG BALLERS(Standard Characters, see http://uspto.report/TM/90008298/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Registration cited by the Examining Attorney in the Nonfinal Office Action dated September 22, 2020 has been abandoned. Registration No. 4535727 (BALLER) was cancelled on or around January 1, 2021 because the Registrant did not file an acceptable declaration under Section 8. Given the above, Applicant XR, LLC?s application for the BIG BALLERS mark should proceed forward.
Correspondence Information (current):
      JONATHAN W. BROWN
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@lglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 54448.0001.
Correspondence Information (proposed):
      Jonathan W. Brown
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@lglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 54448.0001.

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: /Jonathan W. Brown/     Date: 03/18/2021
Signatory's Name: Jonathan W. Brown
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 716-849-1333 x371 Signature method: Sent to third party for signature

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:    JONATHAN W. BROWN
   LIPSITZ GREEN SCIME CAMBRIA LLP
   SUITE 120
   42 DELAWARE AVENUE
   BUFFALO, New York 14202
Mailing Address:    Jonathan W. Brown
   LIPSITZ GREEN SCIME CAMBRIA LLP
   SUITE 120
   42 DELAWARE AVENUE
   BUFFALO, New York 14202
        
Serial Number: 90008298
Internet Transmission Date: Thu Mar 18 09:31:26 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XX:XXXX:XXXX:XX
XX:XXXX-20210318093126741442-90008298-77
0978cd78a20a182c587432a44348de9f5f832615
1171ae606547fa82c7566675-N/A-N/A-2021031
8091953151052