My apologies for not posting last week’s trademarks published for opposition, so I will feature some of those marks below, as well as the marks published on June 28, 2016. A few important background tidbits/definitions:

  1. Applications
    • TEAS Plus – $225 per class of goods and/or services
    • TEAS Reduced Fee (RF) – $275 per class of goods and/or services
  2. Published for Opposition (Official Gazette)
    • 30-day period where a third party may oppose the mark because, among other reasons, it causes consumer confusion. If a third party does oppose it, then the case will be heard in front of the Trademark Trial and Appeal Board (TTAB).
  3. Section 1(a) Filing Basis, Use in Commerce (§1(a))
    • Prior to filing the application, the owner of the mark began using it in association with the designated class(es) on the application; Classes 1 through 34 make up products or goods, and Classes 35 through 45 make up services.
    • Here, upon filing, the original application must include a specimen, which “is a sample of how you actually use your mark with the goods and/or services identified in your application.”
  4. Section 1(b) Filing Basis, Intent to Use (§1(b))
    • The owner of the mark has not used the mark whatsoever in association with the designated class(es), but he or she plans to use it in the future. Contrary to §1(a), a specimen is not required.
  5. What’s next?
    • §1(a) — If a third party does not oppose the mark, the United States Patent and Trademark Office (USPTO) will register the mark approximately three months after publication.
    • §1(b) — If a third party does not oppose the mark, the owner of the mark will receive a Notice of Allowance (NOA) approximately two months after the 30-day oppositional period.
    • In response to the NOA, the owner must either file a Statement of Use (SOU), which must include a specimen, or request an Extension of Time to File SOU, both of which must be filed within six months after receiving the NOA.
    • Subsequently, the USPTO will review the SOU and, assuming the USPTO approves it, will then register the mark approximately two months later.

NBA/OTHER BASKETBALL

For all of the NBA teams listed as the owner (read: Milwaukee Bucks and Atlanta Hawks), the listed correspondence is, interestingly enough, NBA Properties, which is the NBA Headquarters (New York, New York). The attorney for NBA Properties is Anvil V. George.

Bucks 1

  • Owner: Milwaukee Bucks
    • Filed §1(b) on April 3, 2015
    • Published for Opposition on 06/28/2016
  • IC 14: Jewelry
  • Notes: USPTO sent a Notice of Abandonment on February 16, 2016, because a response to the Office Action letter was not sent within six months. … On April 15, 2016, a Petition to Revive Abandoned Application (Failure to Respond Timely to Office Action) was sent.

“DUB NATION SPORTS AND ENTERTAINMENT”

  • Owner: GSW Arena LLC
    • Filed §1(b) on January 22, 2016
  • IC 43: Bar services; Restaurant services

Hawks 1

  • Owner: Atlanta Hawks
    • Filed §1(b)  on May 18, 2015
  • IC 18: Leather Goods

“TRUE TO ATLANTA”

  • Owner: Atlanta Hawks
    • Filed §1(b) on January 5, 2016
  • IC 25: Clothing

“TRUE TO ATLANTA”

  • Owner: Atlanta Hawks
    • Filed §1(b) on January 5, 2016
  • IC 41: Entertainment and Educational services
  • Notes: Both of these marks have different registration numbers, which is why they are separated.

usa bball

  • Owner: USA Basketball
    • Filed §1(b) on October 24, 2014
  • IC 14: Jewelry
  • Notes: The USPTO sent a number of Office Action letters over the course of the application process, leading to the delay in publishing the mark for opposition. … USA Basketball’s headquarters are located in Colorado Springs, Colorado.

“THE OFF SEASON IS ON”

  • Owner: Shottracker, Inc.
    • Filed §1(a) on July 31, 2015
  • IC 09: Electrical and scientific apparatus (“Wearable digital electronic motion tracking devices for purposes of providing tracking and analysis of athletic performance comprised of accelerometers, gyroscopes, compass, and optical ambient light sensors, using radio frequency technology”)
  • First Use in Commerce was April 27, 2015.

 “PLAY LIKE KLAY”

  • Owner: Shottracker, Inc.
    • Filed §1(a) on July 31, 2015
  • IC 09: Electrical and scientific apparatus (i.e. See above)
  • IC 41: Educational services (i.e. “Conducting online basketball training exhibitions and displays”)
  • IC 42 Computer services (i.e. “Providing temporary use of on-line non-downloadable computer software and software applications for use in tracking and analysis of athletic performance”)
  • Notes: First Use in Commerce for all classes was April 27, 2015. … Prior to filing its application, Shottracker did not include written consent from Golden State Warriors sharpshooter Klay Thompson, which led to USPTO initially refusing registration.

“WEST COAST PREP LEAGUE”

  • Owner: Aspire Basketball Academy, LLC
    • Filed §1(b) on February 1, 2016
  • IC 41: Entertainment services (i.e. “Arranging and conducing youth sports programs in the field of basketball; organizing and conducting athletic competitions and games in the field of basketball; arranging and conducting basketball competitions”)
  • Notes: Earlier this month, Aspire partnered with Bella Vista College Prep in Scottsdale, Arizona, to house Aspire athletes.

NFL

“No Risk It, No Biscuit!”

  • Owner: The Arians Family Foundation
    • Filed §1(b) on January 27, 2016
  • IC 25: Clothing (of course, fashion hats are included)
  • IC 36: Charitable fundraising services
  • Notes: Arizona Cardinals head coach, Bruce Arians, and his wife, Christine, started their foundation in 2013. … Ironically enough, Christine previously served as a family law attorney.

“One Carolina”

  • Owner: Panthers Stadium, LLC
    • Filed §1(b) on January 27, 2016
  • IC 16: Posters
  • IC 25: Shirts
  • IC 41: Entertainment, organization of football events

“HEADS UP BLOCKING”

  • Owner: USA Football
    • Filed §1(a) on February 25, 2016
  • IC 41: Educational services
  • Notes: First Use in Commerce was February 2015. .. USA Football is headquartered in Indianapolis, Indiana.

MLB/OTHER BASEBALL

“RAISE IT”

  • Owner: Pittsburgh Associates (Pittsburgh Pirates)
    • Filed §1(b) on January 29, 2016
  • IC 41: Entertainment services

“Commit To Pitch”

  • Owner: Trent Reynolds Player Development, LLC
    • Filed §1(a) on February 18, 2016
  • IC 41: Educational services (i.e. Baseball instruction)
  • Notes: First Use in Commerce was January 1, 2015. … Founded in 2008, the company is located in Austin, Texas.

COLLEGE

Providence

  • Owner: Providence College
    • Filed §1(a) on December 23, 2013
  • IC 14: Jewelry
  • IC 16: Paper goods and printed material
  • IC 21: Housewares and glass
  • IC 25: Clothing
  • IC 41: Educational services
  • Notes: First Use in Commerce for all ICs was 2000. … Providence is home to 17 total sports and located in Rhode Island.

GOLF

“American Junior Golf Association”

  • Owner: American Junior Golf Association (AJGA)
    • Filed §1(a) on June 11, 2014
  • IC 41: Entertainment services (i.e. Organizing golf tournaments)
  • Notes: AJGA is located in Braselton, Georgia. … USPTO sent a few Office Action letters over the course of the application application, leading to the delay in publishing for opposition.

“Golf Swing Mastery”

  • Owner: Gary Pinns Golf Ltd
    • Filed §1(a) on January 21, 2016
  • IC 41: Educational services (i.e. “Providing a website featuring non-downloadable videos in the field of golf and golf instruction”)
  • Notes: First Use in Commerce was March 1, 2006. … Gary Pinns Golf is located in Bensenville, Illinois.

SOCCER

TORMENTA FC

  • Owner: StormFC, LLC
    • Filed §1(b) on October 28, 2015
  • IC 25: Men’s, Women’s, and Children’s Apparel
  • IC 41: Entertainment services (i.e. soccer games and exhibitions)
  • Notes: Founded in 2015, the team is located in Statesboro, Georgia, and a member of Premier Development League (PDL).

atlanta united 2'

  • Owner: Major League Soccer (MLS), L.L.C.
    • Filed §1(b) on July 7, 2015
  • IC 09: Electrical and scientific apparatus (i.e. “downloadable image files containing artwork, text, audio, video, games, internet, weblinks in the field of soccer; downloadable video clips from soccer games via mobile communication devices”)
  • IC 16: Paper goods and printed matter
  • IC 25: Clothing
  • IC 28: Toys and sporting goods
  • IC 41: Entertainment services

FIFA

  • Owner: Fédération Internationale de Football Association (FIFA)
    • Filed §1(b) on April 30, 2013
  • IC 25: Clothing
  • Notes: The 2015 Women’s World Cup took place in Canada. … The United States defeated Japan, 5-2, in the finals.

R2R

  • Owner: United States Soccer Federation, Inc.
    • Filed §1(b) on January 21, 2016
  • IC 09: Electrical and scientific apparatus (i.e. “Downloadable electronic publications”)
  • IC 16: Paper goods and printed matter
  • IC 18: Leather Goods
  • IC 25: Clothing
  • IC 28: Toys and sporting goods
  • IC 35: Association services  (i.e. “Promoting public awareness of soccer, the interests of member soccer clubs, and public interest in soccer”)
  • IC 41: Entertainment and Educational services
  • Notes: USA Soccer is headquartered in Chicago, Illinois.

OTHER

Spalding

  • Owner: Russell Brands, LLC
    • Filed §1(b) on February 3, 2016
  • IC 28: Toys and sporting goods (i.e. “Basketball training aids to develop ball-handling skills; Basketball training aids to improve shooting accuracy”)

“TEAM ON”

  • Owner: Russell Brands, LLC
    • Filed §1(b) on February 9, 2016
  • IC 18: Leather Goods
  • IC 25: Clothing
  • IC 28: Toys and sporting goods (i.e. “Football shoulder pads; Jock straps; Knee pads for athletic use; Batting gloves; Football gloves; Protective athletic cups”)
  • IC 35: Advertising and business (i.e. “Providing consumer product information via the Internet”)

LB

  • Owner: LeCharles Bentley
    • Filed §1(a) & (b) on July 17, 2015
  • IC 25: Clothing
  • IC 41: Educational services (i.e. Sports training services in football)
    • §1(a); First Use in Commerce: April 1, 2013
  • Notes: Bentley, a former two-time NFL Pro Bowl offensive lineman who played for the New Orleans Saints and Cleveland Browns, is the owner of O-Line Performance. … The company touts itself as “the country’s first training center designed solely around the needs of offensive linemen.”

Pickleball

  • Owner: Terri Graham
    • Filed §1(b) on January 4, 2016
  • IC 25: Clothing
  • IC 28: Toys and sporting goods (i.e. Pickleball sports equipment)
  • IC 41: Entertainment services (i.e. “Organizing, conducting and operating pickleball tournaments”)
  • Notes: 2016 was the first year of the US Open Pickleball Championships, which took place in Naples, Florida. … Graham is the Championships President.
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