We’re back for another edition of Trademarks Published for Opposition. As always, 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 aspecimen, 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.

Basketball

nba finals

  • Owner: NBA Properties
    • Filed §1(b) on December 7, 2015
  • IC 14: Jewelry

Bucks (07:19)

  • Owner: Milwaukee Bucks LLC (@Bucks)
    • Filed §1(b) on April 3, 2015
  • IC 09: Electrical and Scientific Apparatus (i.e. Audio recordings and video recordings featuring entertainment and information in the field of basketball; Computer programs for viewing information, statistics or trivia about basketball)

 

“KL2”

  • Owner: Kawhi Leonard, LLC (@kawhileonard)
    • Filed §1(b) on March 1, 2016
  •  IC 28: Toys and Sporting goods (i.e. Basketballs, basketball hoops, basketball table top games)
  • Notes: Leonard plays for the San Antonio Spurs and was selected to 2016 All-NBA First Team, as well as named the Defensive Player of the Year for the second-consecutive season. … Leonard signed a 5-year, $94.3-million deal last offseason.

 

76ers

 

“FULL COURT PRESS ON A.L.S.”

  • Owner: Michael Honrychs, Individual
    • Filed §1(b) on February 3, 2016
  • IC 36: Charitable services (i.e. Fundraising services by means of organizing special events at college basketball tournaments for people afflicted with ALS)
  • Notes: Here’s the GoFundMe page for the event. … Honrychs lives in Voorhees, New Jersey.

Baseball

MLB

  • Owner: Major League Baseball Properties, Inc
    • Filed §1(b) on November 12, 2015
  • IC 41: Entertainment services (i.e. Organizing and conducting youth programs in the field of sports; Hosting and conducting events in the nature of awards ceremonies in the field of youth sports; Providing news and information in the field of youth sports competitions)  

 

“BRINGER OF RAIN”

  • Owner: Josh Donaldson, Individual (@BringerOfRain20)
    •  Filed §1(b) on September 1, 2015
  • IC 16: Paper goods and Printed matters
  • IC 25: Clothing
  • IC 28: Toys and Sporting goods
  • Notes: Donaldson plays for the Toronto Blue Jays and was named the 2015 Americal League (AL) MVP. … In 2016, he is hitting .302 with 23 HRs and 64 RBIs. … The address listed is that of MVP Sports Group, which is located in Los Angeles, California.

Golf

“ROCK YOUR GAME”

  • Owner: Hard Rock Cafe International (USA), Inc.
    • Filed §1(b) on February 29, 2016
  • IC 25: Clothing
  • IC 28: Toys and Sporting goods (i.e. Golf accessories, namely, golf ball tees and markers, gloves and divot repair tools, golf bags, golf clubs, golf balls)
  • IC 41: Golf services
  • Notes: Hard Rock Cafe is headquartered in Orlando, Florida.

Soccer

IPL

  • Owner: Indoor Professional League, Inc. (@IndoorPL)
    • Filed §1(b) on February 27, 2016
  • IC 25: Clothing
  • IC 28: Sporting goods
  • IC 41: Entertainment services (i.e. In the nature of professional athletes competing in soccer)
  • Notes: IPL is headquartered in Rosedale, Maryland. … The league hosts four teams: Baltimore Blast, Florida Tropics SC, Harrisburg Heat, and St. Louis Ambush.

 

 

coastal cup

  • Owner: Citrus Sports Group
    • Filed §1(a) on August 19, 2015
  • IC 41: Entertainment and Educational services
  • Notes: First Use in Commerce was July 24, 2015. … The Citrus Sports Group is located in St. Petersburg, Florida. … Awarded to the best regular season team, the Coastal Cup is a trophy among North American Soccer League (NASL) teams in Florida: Fort Lauderdale Strikers, Jacksonville Armada FC, Miami FC, and Tampa Bay Rowdies.

College

value city arena

  • Owner: Schottenstein Stores Corporation
    • Filed §1(a) on December 3, 2015
  • IC 43: Arena services (i.e. Providing general purpose facilities for sports, concerts, conventions and exhibitions)
  • Notes: First Use in Commerce was November 3, 1998. … The arena is home to Ohio State University’s Men’s and Women’s basketball teams, as well as Men’s Ice Hockey. … It seats 17,500 for hockey and 19,500 for basketball. … Jerome Schottenstein, a late Columbus businessman, philanthropist and founder of Schottenstein Stores Corp, gifted $12.8 million for the naming rights.

 

“THE UNIVERSITY OF ALABAMA #WHERELEGENDSAREMADE”

  • Owner: Board of Trustees of The University of Alabama (@UA_Athletics)
    • Filed §1(b) on April 15, 2016
  • IC 06: Metal goods (i.e. Metal license plates, metal keychains)
  • IC 09: Electrical and scientific apparatus (i.e. Decorative magnets)
  • IC 11: Environmental control apparatus (i.e. Lamps, electric nightlights)
  • IC 14: Jewelry
  • IC 16: Paper goods and Printed matter
  • IC 20: Wood items
  • IC 21: Housewares and glass
  • IC 24: Fabric items
  • IC 25: Clothing
  • IC 41: Entertainment services (i.e. Arranging and conducting athletic, theatrical, art, and musical events)
  • Notes: Located in Tuscaloosa, Alabama, the university is a member of the Southeastern Conference (SEC).

 

“PENN STATE WHITE OUT”

 

swarthmore

  • Owner: Swarthmore College (@SwatAthletics)
    • Filed §1(a) on February 19, 2016
  •  IC 41: Organizing and conducting college sport competitions and athletic events
  • Notes: First Use in Commerce was October 1, 2013. … Located in Swarthmore, Pennsylvania, Swarthmore College (NCAA D-III) is a member of the Centennial Conference.

eSports

“TESPA”

  • Owner: Blizzard Entertainment, Inc. (@Blizzard_Ent)
    • Filed §1(a) on February 26, 2016
  • IC 35: Association services (i.e. Promoting the interests of computer and console video game players and promoting interest in the field of computer video and console gaming)
  • IC 41: Entertainment services (i.e. In the nature of eSports contests, games, tournaments, exhibitions, competitions and events; Production of television and global computer communications programs and network broadcast programs featuring news highlights, eSports contests, games, tournaments, exhibitions, competitions and events)
  • Notes: First Use in Commerce for both classes was December 31, 2011. … Blizzard Entertainment is located in Irvine, California.

 

“THE OFFICIAL DRINK OF ESPORTS”

“THE OFFICIAL ENERGY DRINK OF ESPORTS”

  • Owner: Gamma Enterprises, LLC
    • Filed §1(b) for both marks on February 29, 2016
  • IC 05: Pharmaceuticals (i.e. Dietary and nutritional supplements; powdered nutritional supplement drink mixes to boost energy)
  • IC 32: Light beverages (i.e. Energy drink powders; nutritional energy drink powders; powders used in the preparation of isotonic sports drinks and sports beverages)
  • Notes: Gamma is headquartered in West Babylon, New York.

 

Wisconsin

Wisconsin cycling

  • Owner: National Interscholastic Cycling Association
    • Filed §1(a) on February 29, 2016
  • IC 41: Organization of bicycle races
  • Notes: First Use in Commerce was October 1, 2015. … Founded in 2009, the Cycling Association’s headquarters are located in Berkeley, California. … The Wisconsin Cycling League began in Fall 2015.

Other

mayweather

 

“JOHN CENA”

  • Owner: World Wrestling Entertainment, Inc. (@WWE)
    • Filed §1(b) on October 14, 2015
  • IC 21: Housewares and Glass
  • Notes: WWE is headquartered in Stamford, Connecticut. … John Cena (@JohnCena) is a WWE wrestler and recently hosted the 2016 ESPY Awards. … The application did not initially include Cena’s written consent. However, his consent was eventually made of record.

“SI PLAY”

“SPORTS ILLUSTRATED PLAY”

  • Owner: Time, Inc. (@TIME)
    • Filed §1(b) for both marks on July 8, 2015
  • IC 35: Advertising and Business (i.e. Online retail store services)
  • IC 38: Telecommunications (i.e. Video streaming services via the Internet for participants of amateur and youth team sports)
  • IC 41: Entertainment and Educational services (i.e. Providing a website for participants of amateur and youth team sports)
  • Notes: Time, headquartered in New York, New York, owns Sports Illustrated (@SInow). … You may find more information on SI Play here.

 

“TOMORROW IS OURS”

  • Owner: IMG Academy, LLC (@IMGAcademy)
    • Filed §1(b) on March 1, 2016
  • IC 41: Educational services (i.e. Conducting classes and work-shops to provide sports-specific training for athletic development, to include junior, professional, adult and recreational athletic activities; sports training; sport camps; fitness camps; providing sports facilities; organizing and conducting sporting events)
  • Notes: IMG Academy is located in West Bradenton, Florida.
    • The Advocate: “‘One-stop shop:’ IMG Academy, rapidly becoming college football recruiting mecca, unlike any other high school in world”
    • AL.com: “IMG Academy ‘all-star team’ strikes fear in high school coaches, changes prep landscape”

 

“MONTVERDE ACADEMY EAGLES”

  • Owner: Montverde Academy, Inc. (@mvaeagles)
    • Filed §1(a) on August 4, 2015
  •  IC 41: Entertainment and Educational services (i.e. Education services in the nature of a school for students from the primary level to the post-graduate level; entertainment in the nature of organizing and conducting athletic events and competitions for men’s and women’s sports including baseball, basketball, cheerleading, cross country, equestrian, golf, lacrosse, soccer, tennis, track, and volleyball)
  • Notes: First Use in Commerce was 1964. … Located in Montverde, Florida, Montverde Academy is a college prep school. … Current NBA players that attended Montverde include Joel Embiid & Ben Simmons (76ers), D’Angelo Russell (Los Angeles Lakers), all of whom were selected within the first five picks of their respective NBA Drafts. …  The mark includes the following disclaimer: “No claim is made to the exclusive right to use ‘ACADEMY’ apart from the mark as shown.”

 

dog on athletics

  • Owner: Dog On Athletics
    • Filed §1(a) on June 30, 2015
  • IC 41: Entertainment services (i.e. Arranging and conducting of competitions for dogs sporting events)
  • Notes: First Use in Commerce was May 6, 2015. … Dog On Athletics is located in Fredericksburg, Virginia.
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