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. 90026208 ACE(Standard Characters, see http://uspto.report/TM/90026208/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Shorts; Socks; Baseball caps; Baseball caps and hats; T-shirts; Athletic shorts; Boxer shorts; Golf shorts; Graphic T-shirts; Men's socks; Short-sleeved or long-sleeved t-shirts; Walking shorts
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2020 and first used in commerce at least as early as 06/29/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Shorts; Baseball caps; Socks; Baseball caps for golfers and Golf shorts; Baseball caps and hats; T-shirts; Athletic shorts; Boxer shorts; Golf shorts; Graphic T-shirts; Men's socks; Short-sleeved or long-sleeved t-shirts; Walking shortsClass 025 for Baseball caps; Baseball caps for golfers and Golf shorts
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2020 and first used in commerce at least as early as 06/29/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025. The specimen(s) submitted consists of ACE Baseball Cap.
"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].
Original PDF file:
SPU0-2605e000fcc380041ae3 b4a276588f7-2020090316033 1054409_._Ace_Brown_Black _cap.pdf
Converted PDF file(s) ( 1 page) Specimen File1

Applicant proposes to amend the following:

Current:
Class 028 for Bats for games; Golf ball dispensers; Golf ball markers; Golf ball sleeves; Golf balls; Golf club bags; Golf club covers; Golf club grips; Golf club head covers; Golf club heads; Golf club holders for use on a driving range or golf course; Golf club inserts; Golf club shafts; Golf clubs; Golf accessories, namely, carriers and dispensers for golf balls; Golf accessories, namely, holders specially adapted for holding golf ball markers; Golf accessory, namely, support for holding a golf club; Tennis balls; Tennis balls; Tennis racket covers; Tennis rackets; Tennis racquets; Baseball bats; Cases for tennis balls; Covers for golf clubs; Fitted head covers for golf clubs; Game apparatus, namely, bases, bats, and balls for playing indoor and outdoor games; Game equipment set sold as a unit comprised primarily of a playing board and playing cards and also including rules of play, dry erase boards and erasers, markers, a timer and T-shirts; Hand grips for golf clubs; Head covers for golf clubs; Soft tennis balls; Softball bats; Table tennis balls; Table tennis rackets; Table-tennis balls; Tennis racquets, baseball bats, cricket bats, golf clubs and hockey sticks
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2020 and first used in commerce at least as early as 06/29/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Bats for games; Board Games, Table Games, Balls for Games, Golf balls; Golf ball dispensers; Golf clubs; Golf ball markers; Golf Gloves, Tennis balls; Golf ball sleeves; Tennis rackets; Golf balls; Tennis racquets; Golf club bags; Baseball bats; Golf club covers; Mens Athletic Supporters, Cases for tennis balls; Golf club grips; Covers for golf clubs; Golf club head covers; Game apparatus, namely, bases, bats, and balls for playing indoor and outdoor games; Golf club heads; Game equipment set sold as a unit comprised primarily of a playing board and playing cards and also including rules of play, golf t-shirrts, Table tennis balls; Golf club holders for use on a driving range or golf course; Table tennis rackets; Golf club inserts; Table-tennis balls; Golf club shafts; Tennis racquets, baseball bats, cricket bats, golf clubs and hockey sticks; Golf accessories, namely, carriers and dispensers for golf balls; Golf accessories, namely, holders specially adapted for holding golf ball markers; Golf accessory, namely, support for holding a golf club; Tennis balls; Tennis balls; Tennis racket covers; Cases for tennis balls; Fitted head covers for golf clubs; Game equipment set sold as a unit comprised primarily of a playing board and playing cards and also including rules of play, dry erase boards and erasers, markers, a timer and T-shirts; Hand grips for golf clubs; Head covers for golf clubs; Soft tennis balls; Softball bats; Table tennis ballsClass 028 for Board Games, Table Games, Balls for Games, Golf balls; Golf clubs; Golf Gloves, Tennis balls;Tennis rackets; Tennis racquets; Baseball bats; Mens Athletic Supporters, Cases for tennis balls; Covers for golf clubs; Game apparatus, namely, bases, bats, and balls for playing indoor and outdoor games; Game equipment set sold as a unit comprised primarily of a playing board and playing cards and also including rules of play, golf t-shirrts, Table tennis balls; Table tennis rackets; Table-tennis balls; Tennis racquets, baseball bats, cricket bats, golf clubs and hockey sticks
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2020 and first used in commerce at least as early as 06/29/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028. The specimen(s) submitted consists of ACE, The Golfers Game.
"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].
Original PDF file:
SPU1-2605e000fcc38002ce53 5bf22973314-2020090316033 1054409_._Golf_7x14_ACE_7 -2020.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2
Correspondence Information (current):
      DUBARRY, ADRIAN
      PRIMARY EMAIL FOR CORRESPONDENCE: pete@lasvegasperks.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      DuBarry, Adrian
      PRIMARY EMAIL FOR CORRESPONDENCE: pete@lasvegasperks.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: /APDUBARRY/      Date: 09/03/2020
Signatory's Name: Adrian DuBarry
Signatory's Position: Owner
Signatory's Phone Number: 7603932047


Response Signature
Signature: /APDUBARRY/     Date: 09/03/2020
Signatory's Name: Adrian DuBarry
Signatory's Position: Owner

Signatory's Phone Number: 7603932047

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    DUBARRY, ADRIAN
   
   
   49305 AVENIDA EL NIDO
   LA QUINTA, California 92253
Mailing Address:    DuBarry, Adrian
   49305 Avenida El Nido
   La Quinta, California 92253
        
Serial Number: 90026208
Internet Transmission Date: Thu Sep 03 16:44:57 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20200903164457088242-90026208-7
50ce4f2b5ae984d8bfd8dfe730178a4d4629e82c
31f4fa7076f2db5027aeb188-N/A-N/A-2020090
3160331054409