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. 97499585 ODYSSEY ELEVEN(Standard Characters, see http://uspto.report/TM/97499585/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for Golf balls; golf bags; bag stands for golf bags; golf ball pitching machines; caddie bags for golf clubs; golf club hoods; covers for golf bags; covers for golf clubs; divot repair tools for golf; golf bags, with or without wheels; golf ball markers; golf ball retrievers; golf ball spotters; golf club covers; golf club grips; golf club head covers; golf club heads; golf club shafts; golf clubs; golf gloves; golf irons; golf mats; golf practice apparatus; golf practice nets; golf putters; golf swing alignment apparatus; golf tee bags; golf tees; golf training aids; grips for golf clubs; handles for golf clubs; pitch mark repair tools for golf; putting cups; putting discs for indoor putting practice; putting mats for indoor putting practice; stands for golf bags; stands specially adapted for holding golf clubs
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 085425 filed 01/13/2022]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Golf balls; Covers for golf clubs; golf bags; golf club covers; bag stands for golf bags; golf club head covers; golf ball pitching machines; golf clubs; caddie bags for golf clubs; golf putters; golf club hoods; covers for golf bags; divot repair tools for golf; golf bags, with or without wheels; golf ball markers; golf ball retrievers; golf ball spotters; golf club grips; golf club heads; golf club shafts; golf gloves; golf irons; golf mats; golf practice apparatus; golf practice nets; golf swing alignment apparatus; golf tee bags; golf tees; golf training aids; grips for golf clubs; handles for golf clubs; pitch mark repair tools for golf; putting cups; putting discs for indoor putting practice; putting mats for indoor putting practice; stands for golf bags; stands specially adapted for holding golf clubsClass 028 for Covers for golf clubs; golf club covers; golf club head covers; golf clubs; golf putters
Deleted Filing Basis: 44(d)
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.

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


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: TOPGOLF CALLAWAY BRANDS CORP., a corporation of Delaware, having an address of
      2180 RUTHERFORD ROAD
      CARLSBAD, California 92008
      United States

Proposed:TOPGOLF CALLAWAY BRANDS CORP., a corporation of Delaware, having an address of

      2180 RUTHERFORD ROAD
      CARLSBAD, California 92008
      United States
      Email Address: XXXX
Correspondence Information
      SONIA LARI
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@callawaygolf.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): eunice.moller@callawaygolf.com; sonia.lari@callawaygolf.com; mikeca@callawaygolf.com

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: /Sonia Lari/      Date: 03/09/2023
Signatory's Name: Sonia Lari
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone Number: 760-930-5203

Signature method: Signed directly within the form

Response Signature
Signature: /Sonia Lari/     Date: 03/09/2023
Signatory's Name: Sonia Lari
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: 760-930-5203 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:    SONIA LARI
   CALLAWAY GOLF COMPANY
   
   2180 RUTHERFORD ROAD
   CARLSBAD, California 92008
Mailing Address:    Sonia Lari
   CALLAWAY GOLF COMPANY
   2180 RUTHERFORD ROAD
   CARLSBAD, California 92008
        
Serial Number: 97499585
Internet Transmission Date: Thu Mar 09 21:02:01 ET 2023
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202303092102012
39847-97499585-850f8d499ffead3409d81a1f0
ceddee604df85a3026da763ea3ec75ccd45fe3ea
e-N/A-N/A-20230309205943786751