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

“NAISMITH COACHES CIRCLE”

“HOOPHALL”

  • Owner: Naismith Memorial Basketball Hall of Fame, Inc (@Hoophall)
    • Filed §1(a) for both marks on May 5, 2016
  • IC 41: Entertainment services (i.e. Organizing and conducting basketball contests and enshrinement ceremonies to recognize, chronical and honor exceptional coaches of the game of basketball)
  • Notes: First Use in Commerce for “HOOPHALL” was January 2, 1997. … First Use in Commerce for “NAISMITH COACHES CIRCLE” was September 11, 2015. … The Naismith Hall of Fame is located in Springfield, Massachusetts. …  You may find Class of 2016 inductees here.

 

76ers

  •  Owner: Philadelphia 76ers L.P.
    • Filed §1(b) on May 7, 2015
  • IC 18: Leather goods (i.e. Athletic bags, shoe bags for travel, overnight bags, umbrellas, backpacks, baby backpacks, knapsacks, duffel bags, tote bags, beach bags, beach tote bags, drawstring pouches, luggage, luggage tags, patio umbrellas, beach umbrellas, billfolds, wallets, briefcases, pet clothing, pet leashes, and pet collars)
  • IC 20: Furniture and other articles not otherwise classified (i.e. Toy boxes and chests, pillows and seat cushions; portable and folding stadium seats and cushions; sleeping bags; wood boxes; furniture chests; gift package decorations made of plastic)
  • IC 24: Fabrics
  • IC 41: Entertainment and Education services (i.e. In the nature of ongoing television and radio programs in the field of basketball and rendering live basketball games and basketball exhibitions; entertainment services, namely, providing a website featuring multimedia material in the nature of television highlights, interactive television highlights, video recordings, video stream recordings, interactive video highlight selections, radio programs, radio highlights, and audio recordings in the field of basketball)
  • Notes: Each IC is associated with a different registration number.

 

“DE’AARON FOX”

  • Owner: De’Aaron Fox (@Swipathef0x)
    • Filed §1(a) on February 27, 2016
  • IC 41: Entertainment services (i.e. In the nature of basketball games)
  • Notes: First Use in Commerce was August 1, 2012. … Ironically enough, December 20, 1997 is listed as the Date of First Use, which is when Fox was born. … Fox’s consent is made of record. … Fox, a Texas native and 2016 McDonald’s All-American, is an incoming freshman for the Kentucky Wildcats & head coach John Calipari and regarded by many as a future NBA Draft lottery selection.

 

elite 1

  • Owner: Breland Thompson, Individual
    • Filed §1(a) on February 3, 2016
  • IC 25: Clothing
  • IC 41: Entertainment and Education services (i.e. Sports training services in the field of basketball; Instruction in the nature of basketball clinics;  Providing a website featuring information relating to the sport of basketball; Providing facilities for basketball training)
  • Notes: First Use in Commerce for IC 25 was January 20, 2016. … First Use in Commerce for IC 41 was January 29, 2016. … Thompson lives in Brunswick, Georgia.

Football

“ALABAMA AIRBORNE”

“ARKANSAS ATTACK”

“OKLAHOMA NATION”

“OHIO UNION”

“FLORIDA FUSION”

  • Owner: Major League Football, Inc. (@MLFBofficial)
    • Filed §1(b) for all marks on January 13, 2016
  • IC 18: Leather goods (i.e. Luggage; shoulder bags; beach bags; duffle bags; all purpose sports bags; all purpose athletic bags; sports equipment bags)
  • IC 25: Clothing
  • IC 28: Toys and Sporting goods
  • IC 41: Entertainment services (i.e. Providing sports and entertainment information via a global computer network or a commercial on-line computer service or by cable, satellite, television and radio; arranging and conducting athletic competitions)
  • Notes: Major League Football is headquartered in Wilmington, Delaware. … It will debut in 2017.

YO SOY FANATICO

  • Owner: PDB Sports, Ltd.; Composed of Bowlen Sports, Inc
    • Filed §1(a) on February 26, 2016
  • IC  25: Clothing
  • IC 41: Entertainment services (i.e.  Providing a website featuring multimedia material in the nature of television highlights, interactive television highlights, video recordings, video stream recordings, interactive video highlight selections, audio recordings, sports news and information, team and player statistical information, game schedules of others, all in the field of professional football)
  • Notes: First Use in Commerce for both ICs was July 20, 2015. … Both companies own the Denver Broncos (@Broncos). … The English translation for the mark is “”I Am A Fan.”

“PRIORITY TRAINING”

  • Owner: Keshawn Davis, Individual
    • Filed §1(a) on November 12, 2015
  • IC 41: Sports training services in the field of grade school, college and professional athletes, specializing in football skills training
  • Notes: First Use in Commerce was September 1, 2015. … The owner of the mark lives in Stockbridge, Georgia. … However, Enrique Davis is Priority Training’s CEO.

Baseball

softball

 

yard goats

  • Owner: Connecticut Double Play LLC
    •  Filed §1(a) on February 23, 2016
  • IC 16: Paper goods and Printed matter (i.e.  Catalogs in the field of baseball, decals, merchandise bags, newsletters in the field of baseball, paper game schedules for sporting events,  printed game tickets for sporting events, printed guides in the field of baseball, reference books in the field of baseball, and trading cards)
  • Notes: First Use in Commerce was July 8, 2015. … The Hartford Yard Goats (@GoYardGoats) are the Double-A affiliate of the Colorado Rockies. … Here’s the Ballpark Sublease Agreement, dated January 26, 2015, between the City of Hartford and Conneticut Double Play. 

 

“FIELDER’S CHOICE”

  • Owner: B Carmichael LLC
    • Filed §1(a) on December 14, 2015
  • IC 09: Electrical and Scientific apparatus (i.e. Software for baseball and softball league organization, statistics tracking, and player training for improved decision making)
  • Notes: First Use in Commerce was September 27, 2012. … The company is located in Winter Garden, Florida.

Golf

founders cup

  • Owner: Ladies Professional Golf Association (@LPGA)
    • Filed §1(a) on August 31, 2015
  • IC 41: Entertainment and Educational services (i.e.  Organizing and conducting entertainment in the nature of golf tournaments; educational golf-related events, namely, workshops, clinics, seminars and teaching academies)
  • Notes: First Use in Commerce was December 1, 2010. … The LPGA is located in Daytona Beach, Florida. … The 2017 Founders Cup will be held at Wildfire Golf Club in Phoenix, Arizona.

 

drive for show

  • Owner: Bryan Eng, Individual
    • Filed §1(b) on March 8, 2016
  •  IC 25: Clothing

 

caddy custom

  • Owner: Curt & Clay Kindred, Individuals
    • Filed §1(b) on September 3, 2015
  • IC 28: Toys and Sporting goods

Soccer

“PORTLAND TIMBERS”

  • Owner: Major League Soccer, L.L.C. (@MLS)
    • Filed §1(a) on February 18, 2016
  •  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 (i.e. Printed media guides relating to a professional soccer team; souvenir soccer programs; yearbooks in the field of soccer; printed event admission tickets)
  • IC 25: Clothing
  • IC 28: Toys and Sporting goods
  • Notes: First Use in Commerce for all ICs was April 28, 2001. … The Portland Timbers (@TimbersFC) are currently 7th in the Western Conference standings with 29 points and a record of 7-7-8.

“MNFC”

  • Owner: Major League Soccer, L.L.C. (@MLS)
    • Filed §1(b) on February 18, 2016
  • 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 (i.e. Printed media guides relating to a professional soccer team; souvenir soccer programs; yearbooks in the field of soccer; printed event admission tickets)
  • IC 25: Clothing
  • IC 28: Toys and Sporting goods
  • IC 41: Entertainment services (i.e. Soccer exhibitions rendered live in a stadium, and through the media of television and radio and via the internet)
  • Notes: Formerly known as Minnesota United FC (@MNUnitedFC), the Minnesota FC will join the MLS in either 2017 or 2018.

“TORONTO FC”

  • Owner: Major League Soccer, L.L.C. (@MLS)
    • Filed §1(a) on February 24, 2016
  •  IC 09: Electrical and Scientific Apparatus (i.e.
  • IC 16: Paper Goods and Printed Matter (i.e. Printed media guides relating to a professional soccer team; souvenir soccer programs; yearbooks in the field of soccer; printed event admission tickets)
  • IC 25: Clothing
  • IC 28: Toys and Sporting goods
  • IC 41: Entertainment services (i.e. Soccer exhibitions rendered live in a stadium, and through the media of television and radio and via the internet)
  • Notes: First Use in Commerce for all ICs was April 2007. … Toronto FC (@torontofc) is currently 5th in the Eastern Conference standings with 27 points and a record of 7-7-6.

College

“#HOTTESTCOLLEGEINAMERICA”

  • Owner: University of Cincinnati (@GoBEARCATS)
    • Filed §1(a) on February 8, 2016
  • IC 41: Entertainment services (i.e. Arranging and conducting athletic competitions, athletic events, athletic tournaments, and athletic exhibitions at the intercollegiate level)
  • Notes: First Use in Commerce was January 2013. …  @PrezOno is the university president. … “Kasich takes to Twitter to name UC Hottest College in America

Other

“THE POWER OF SHE”

  • Owner: Athleta, Inc. (@Athleta)
    • Filed §1(b) on February 19, 2016
  •  IC 35: Advertising and Business (i.e. On-line retail store services and mail order services featuring clothing, footwear, headwear, accessories, bags, athletic accessories and athletic equipment; promotional sponsorship of athletic events)
  • Notes: The company is headquartered in San Francisco, California, and part of the Gap brand.

 

“ATHLETES WITHOUT BORDERS”

  • Owner: Athletes Without Borders, Incorporation
    • Filed §1(a) on May 7, 2016
  • IC 41: Entertainment and Educational services (i.e. Encouraging amateur sports and physical education by organizing, sanctioning, conducting, regulating and governing amateur athletic programs and activities; Establishing and maintaining by registration a uniform standard of amateur standing for athletics)
  • Notes: First Use in Commerce was May 6, 2010. … The company is located in Boston, Massachusetts.

“#WORKOUTORDIE”

  • Owner: Chris Perrin (@PerrinPT)
    • Filed §1(b) on May 7, 2016
  • IC 41: Fitness boot camps; Conducting fitness classes; Personal fitness training services
  • Notes: Perrin is a physical trainer and lives in Washington D.C.

 

“RALLY4HUNGER”

  • Owner: Rally4Hunger (@Rally4Hunger)
    • Filed §1(a) on March 2, 2016
  • IC 41: Organizing, arranging, and conducting tennis, volleyball, soccer, basketball, running, swimming, and baseball events, the proceeds of which are donated to charity
  • Notes: First Use in Commerce was March 28, 2015. … The company is located in Prairieville, Louisiana.

 

 

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