Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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- 1478

Approved for use through 10/31/2024. OMB 0651-0009

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

Trademark/Service Mark Application, Principal Register

Serial Number: 97525737

Filing Date: 07/29/2022

To the Commissioner for Trademarks:

MARK: ATEC (stylized and/or with design, see mark)
The literal element of the mark consists of ATEC. The applicant is not claiming color as a feature of the mark. The mark consists of The mark consists of the term "ATEC" surrounded by a plurality of ovals and including a tapered line extending over the term.
The applicant, Wilson Sporting Goods Co., a corporation of Delaware, having an address of
      130 East Randolph Street, Suite 600
      Chicago, Illinois 60601
      United States
      773-714-6498(phone)
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 028:  Baseball and softball equipment, namely, ball tossing machines, ball pitching machines, nets, ball tees, ball baskets, ball bags, bat bags, protective baseball and softball pitching screens, practice nets, ball feeders in the nature of baseball and softball training apparatus used for pitching and batting, ball back stops, batting cages, and bases

In International Class 028, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/01/2015, and first used in commerce at least as early as 01/01/2015, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Image of a webpage showing a baseball training machine bearing the mark..

Original PDF file:
SPE0-16522556242-20220727 164321327340_._ATEC_Desig n_Mark_Specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://www.atecsports.com/en-us/product/r2-baseball-training-machine-wba7015#axis=73259
Webpage Date of Access: 07/27/2022



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4193611.


The owner's/holder's proposed attorney information: Terence P. O'Brien. Other appointed attorneys are Melissa Cole. Terence P. O'Brien of Wilson Sporting Goods Co., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      130 East Randolph Street, Suite 600
      Chicago, Illinois 60601
      United States
      773-714-6498(phone)
      terence.obrien@amersports.com

Terence P. O'Brien submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Terence P. O'Brien

PRIMARY EMAIL FOR CORRESPONDENCE: terence.obrien@amersports.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): elizabeth.lopez@amersports.com; melissa.cole@amersports.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $350 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service 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 on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; 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 on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Terence P. O'Brien/   Date: 07/29/2022
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 773-714-6498
Signature method: Signed directly within the form
Payment Sale Number: 97525737
Payment Accounting Date: 07/29/2022

Serial Number: 97525737
Internet Transmission Date: Fri Jul 29 11:41:58 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202207291141583
25743-97525737-82036ef68fae0779284ad8963
d47c8ef36e7ac797c14aacaf9e5853116f634520
e1-DA-41582515-20220729113811455582