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 09/30/2020)

---

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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90046138 B B (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9004613 8/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Online retail store services featuring clothing, apparel, bags, decals, and general consumer merchandise; Organizing and providing youth sports activities and competitions; Organizing, arranging, and conducting sports practices, training, games, competitions, tournaments, and leagues; Coaching in the field of sports; Sports training services; Sports instruction services; Providing a website featuring information in the fields of sports, sports leagues, and sporting events
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 05/00/2020 and first used in commerce at least as early as 05/00/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Online retail store services featuring clothing, apparel, bags, decals, and general consumer merchandise; Organizing and providing youth sports activities and competitions; Organizing, arranging, and conducting sports practices, training, games, competitions, tournaments, and leagues; Coaching in the field of sports; Sports training services; Sports instruction services; Providing a website featuring information in the fields of sports, sports leagues, and sporting eventsClass 035 for Online retail store services featuring clothing, apparel, bags, decals, and general consumer merchandise
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 05/00/2020 and first used in commerce at least as early as 05/00/2020 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for Organizing and providing youth sports activities and competitions; Organizing, arranging, and conducting sports practices, training, games, competitions, tournaments, and leagues in the fields of baseball and softball; Coaching in the field of sports; Sports training services; Sports instruction services; Providing a website featuring information in the fields of sports, sports leagues, and sporting events
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 05/00/2020 and first used in commerce at least as early as 05/00/2020 , and is now in use in such commerce.

ADDITIONAL STATEMENTS
Miscellaneous Statement
In his office action, Trademark Examining Attorney stated that the word "bags" in Applicant's identification of services is too broad or indefinite. Applicant respectfully disagrees. A cursory search reveals dozens, if not hundreds, of registrations that include "online retail store services featuring bags" as a service. Many of the registrations incorporating this identification were granted within the last 6 months, including U.S. Registration Nos. 6,182,613, 6,178,830, 6,162,458, 6,164,999, 6,000,102, 6,123,202, 6,114,242, 6,081,730, 6,068,223, and 6,068,220. Therefore, Applicant respectfully requests that Trademark Examining Attorney accept Applicant's identification of services in Class 35 and approve its mark for publication.

Correspondence Information (current):
      KEVIN HAYNIE
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@yourtrademarkattorney.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is S332 001TM.
Correspondence Information (proposed):
      Kevin Haynie
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@yourtrademarkattorney.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is S332 001TM.

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 $275 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: /kmh355/      Date: 11/23/2020
Signatory's Name: Kevin Haynie
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: (314) 479-3668


Response Signature
Signature: /kmh355/     Date: 11/23/2020
Signatory's Name: Kevin Haynie
Signatory's Position: Attorney of record, Missouri bar member

Signatory's Phone Number: (314) 479-3668

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:    KEVIN HAYNIE
   YOURTRADEMARKATTORNEY.COM
   #220
   167 LAMP AND LANTERN VILLAGE
   CHESTERFIELD, Missouri 63017-8208
Mailing Address:    Kevin Haynie
   YOURTRADEMARKATTORNEY.COM
   #220
   167 LAMP AND LANTERN VILLAGE
   CHESTERFIELD, Missouri 63017-8208
        
RAM Sale Number: 90046138
RAM Accounting Date: 11/23/2020
        
Serial Number: 90046138
Internet Transmission Date: Mon Nov 23 10:52:51 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20201123105251082779-90046138-7
5024846cc5e4302289bbcb2d973c5fedc954e165
f2fada3967e98fbbdfaacbac-CC-52495857-202
01123104950759702