We’re back for another edition of Trademarks Published for Opposition: Sports Edition. In case you missed last’s week post, the inaugural one, please check it out here. 


Every Tuesday, the Official Gazette publishes trademarks that have withstood the scrutiny of an examining attorney with the United States Patent and Trademark Office. Subsequently …

Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose.

An opposition is similar to a proceeding in a federal court, but is held before the TTAB. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process.

Source: USPTO

Below, you will find some of today’s (June 14, 2016) sports-related marks published for opposition. A couple of important tidbits that I did not mention last week:

  • Section 1(b) application means that the mark has not been used in interstate commerce.
  • On the other hand, Section 1(a) application means that the mark has been used in interstate commerce or has been used long enough, not necessarily in interstate commerce, to achieve secondary meaning or distinctiveness.

As I included last week, a list of the International Classes can be found here – Goods are classified as 1 through 34; Services are classified as 35 through 45.

 

Under Armour, Inc.

Mark Image

  • Application filed on Feb. 26, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 25 (Clothing)
  • Notes: Will be used on a whole host on athletic gear, including but not limited to shirts, shorts, pants, uniforms, hats, jackets, and shoes.

Mark Image

  • Application filed on Feb. 4, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 09 (Electronics — “Multi-functional electronic devices and smart bands, namely, wearable electronic device”)

Mark Image

  • Application filed on April 8, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 09 (Computer Software including, but not limited to, “applications for receiving, displaying, processing, and uploading fitness, exercise and nutrition data to the Internet)

Mark Image

  • Application filed on April 8, 2016
    • Section 1(b) Application: Intent to Use
  • International Classes: 09 (Computer Software including, but not limited to, “applications for receiving, displaying, processing, and uploading fitness, exercise and nutrition data to the Internet”); 35 (Business and Advertising)
    Mark Image
  • Application filed on April 8, 2016
    • Section 1(b) Application: Intent to Use
  • International Classes: 09 (Computer Software including, but not limited to, “applications for receiving, displaying, processing, and uploading fitness, exercise and nutrition data to the Internet”); 35 (Business and Advertising)

Mark Image

  • Application filed on Feb. 18, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 18 (Leather Goods, i.e. backpacks, duffel bags, and briefcases)

College Athletics

Mark Image

giphy (27)

(via GIPHY — This gif is not a component of the trademark. As an aside, Coach Harbaugh will definitely be upset if a third party opposes this mark)

  • Application filed on Jan. 23, 2016
    • Section 1(b) Application: Intent to Use
  • International Classes: 25 (Clothing); 41 (Entertainment and Educational Services)
  • Notes: University of Michigan owns this mark. … Of course, in classic Jim Harbaugh fashion, khakis will don the mark. … The mark will also be used on a website that features “entertainment information in the field(s) of high school and collegiate athletic participants and their recruitment” and provides “online interviews featuring high school and collegiate athletic participants in the field of collegiate athletic events.”

 

Mark Image

  • Application filed on Jan. 15, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 28 (Board Games)
  • Notes: James Owen owns the mark, who played for the University of Auburn and recently passed away.

NFL

Mark Image

  • Application filed on January 21, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 41 (Educational services include physical education programs; Entertainment services include, but are not limited to, “musical and dance performances provided during intervals at sports events)
  • Notes:  The Jacksonville Jaguars will also use the mark to provide “sports and entertainment information via a global computer network or a commercial on-line computer service or by cable, satellite, television and radio.” … The Jaguars previously filed an application for this mark on July 10, 2013, which was published for opposition on June 10, 2014, but the team did not file the necessary paperwork associated with Section 1(b). That is, they did not file a Statement of Use within six months of the publication date nor did they request an extension, of which five are permissible in total.

Mark Image

  • Application filed on Jan. 13, 2016
    • Section 1(b) Application: Intent to Use
  • International Classes: 09 (Downloadable software, multimedia files, electronic publications), 14 (Jewelry), 28 (Toys and Sporting Goods)
  • Notes: If you want to know where the Rams’ new corporate headquarters are located, you know, for tourism purposes: 29899 Agoura Road, Agoura Hills, California. … (At least this was the address given so, then again, maybe it’s not their corporate headquarters …).

Mark Image

  • Application filed on January 15, 2016
    • Section 1(b) Application: Intent to Use
  • International Classes: 09*, 14 (Jewelry), 16**, 20 (Collectible card and memorabilia holders), 21 (Beverageware), 25 (Clothing), 28 (Toys and Sporting Goods), 41 (“Providing sports and entertainment information via a global computer network”)
  • Notes: Panthers Stadium owns the mark. … *Goods that will feature the mark include, but are not limited to, DVDs and downloadable audio, as well as video and multimedia files, all of which feature sports. … **Goods that will feature the mark include, but are not limited to, posters, trading cards, football-related books, magazines and newsletters, game tickets, and game programs.

NBA

Bucks

  • Application filed on April 2, 2015
    • Section 1(b) Application: Intent to Use
  • International Class: 41 (Entertainment and Educational Services)
  • Notes: The Bucks did not claim color as a feature of this mark. … Some of the Entertainment and Educational Services include, but are not limited to:

    Ongoing television and radio programs in the field of basketball and rendering live basketball games and basketball exhibitions … the production and distribution of radio and television shows featuring basketball games, basketball events and programs in the field of basketball … conducting and arranging basketball clinics and camps, coaches clinics and camps, dance team clinics and camps and basketball games.

Mark Image

giphy (28)

(via GIPHY — This gif is not a component of the trademark. As an aside, this is pretty much a replay of Kyrie’s Game 5 performance against Steph Curry & Co.)

  • Application filed on Feb. 12, 2016
    • Section 1(a) — Use in Commerce
  • International Class: 41 (Entertainment)
  • Notes: Uncle Drew is “an ongoing series featuring drama, comedy and sports provided through Internet webcasts and mobile electronic media devices.” If you are not aware, Uncle Drew is played by Cleveland Cavaliers point guard Kyrie Irving. … (Mr. Irving turned in an impressive performance in Game 5 of the NBA Finals on Monday night, registering 41 points and 6 assists). … Pepsi owns the mark. … First use in commerce was December 31, 2012.

Mark Image

  • Application filed on June 25, 2015
    • Section 1(b) Application: Intent to Use
  • International Class: 25 (Clothing includes, but is not limited to, basketball shoes and sneakers, t-shirts, jerseys, jackets, dresses, swimsuits, and sandals)
  • Notes: This mark represents an NBA D-League team. … Maple Leaf Sports & Entertainment Partnership — a company that owns the Toronto Maple Leafs (NHL), the Toronto Raptors (NBA), and Toronto FC (MLS) — is the owner of the mark.

Mark Image

  • Application filed on Jan. 20, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 41 (Entertainment)
  • Notes: Cameron Payne currently plays for the Oklahoma City Thunder. … This mark will be used for Payne’s personal appearances. … I could not find any adequate results when I searched Payne Management, Inc., whom is listed as the owner of the mark (I’m assuming Cameron has some affiliation with that company), but Boulevard Management, listed in addition to Payne Management as an owner, will handle the correspondence.

Mark Image

  • Application filed on Jan. 20, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 41 (Entertainment)
  • Notes: See Above (but exclude personal appearances; this mark will provide “information in the fields of sports, entertainment, and pop culture).

OTHER

bo jackson

  • Application filed on August 31, 2015
    • Section 1(b) Application: Intent to Use
  • International Class: 29 (Meats)
  • Notes: Illinois-based VEJ Holdings, LLC owns the mark. … The company carries “Bo Jackson Premium Products.”

Money Team 1

  • Application filed on Jan. 26, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 18 (Leather goods that include, but are not limited to, duffle bags, wallets, and purses)
  • Notes: Floyd Mayweather uses the mark, “The Money Team (TMT)” as frequently as one can use a mark (and he is smart for doing so, by the way). … Mayweather Promotions, LLC, located in Las Vegas, Nevada, owns the mark.

Money Team 1

  • Application filed on Jan. 26, 2016
    • Section 1(b) Application: Intent to Use
  • International Class: 14 (Jewelry)
  • Notes: See Above

 

Mark Image

  • Application filed on Feb. 6, 2015
    • Section 1(a) — Use in Commerce
  • International Classes: 35 (Events & Sports Competition Promotion), 41 (Rental of Stadium Facilities), 43 (Arena Services)
  • Notes: Verizon Trademark Services, of course, owns the mark. … Verizon Arena is located in Arlington, VA. … First Use in Commerce for all classes was July 1, 2009.
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