We’re back for another edition of Trademarks Published for Opposition. As always, a few important background tidbits/definitions:
- TEAS Plus – $225 per class of goods and/or services
- TEAS Reduced Fee (RF) – $275 per class of goods and/or services
- Published for Opposition (Trademark 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).
- 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.”
- 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.
- 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.
- Owner: Milwaukee Bucks, LLC (@)
- Filed §1(b) on April 3, 2015 (top)
- Filed §1(b) on April 9, 2015 (bottom)
- IC 16 (bottom): Printed matter and Paper goods (i.e. Basketball trading cards, paper coasters, post cards, 3-ring binders, stationery folders, wirebound notebooks, portfolio notebooks, unmounted and mounted photographs, posters, calendars, bumper stickers, book covers, bookmarks, wrapping paper, children’s activity books; and statistical books, guide books, and reference books, all in the field of basketball)
- IC 38 (top): Telecommunication services (i.e. Audio broadcasting; cable television broadcasting; radio broadcasting; subscription television broadcasting; television broadcasting; video broadcasting; web-casting services in the nature of providing on-line chat rooms and on-line interactive chat rooms with guests for transmission of messages among computer users concerning the field of basketball)
- Owner: Naismith Memorial Basketball Hall of Fame, Inc. (@)
- Filed §1(b) on February 9, 2016
- IC 41: Entertainment services (i.e. Organizing and conducting basketball contests and enshrinement ceremonies to promote the game of basketball and to recognize, chronicle and honor exceptional players of the game of basketball)
- Notes: The Naismith Hall of Fame had two of their marks published for opposition last week as well. … The Hall of Fame is located in Springfield, Massachusetts.
- Owner: NBA Development League, LLC (@)
- Filed §1(a) on March 4, 2016
- IC 25: Clothing
- Notes: First Use in Commerce was June 12, 2012. … The Santa Cruz Warriors (@) are — yep, you guessed it — the D-League affiliate of the Golden State Warriors. … The NBA D-League is headquartered in Secaucus, New Jersey.
- Owner: WNBA Enterprises, LLC (@)
- Filed §1(a) on March 8, 2016
- IC 41: Entertainment and Educational 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; the production and distribution of radio and television broadcasts of basketball games, basketball events and programs in the field of basketball)
- Notes: First Use in Commerce was April 1, 2013. … The WNBA is headquartered in Secaucus, New Jersey.
BASKETBALL FOR BREAKFAST
- Owner: Basketball For Breakfast, Inc.
- Filed §1(a) on March 14, 2016
- IC 41: Charitable services (i.e. In nature of teaching people of all ages how to live a healthy lifestyle through the sport of basketball & organizing and coordinating sporting events, namely, basketball clinics, games and tournaments)
- Notes: First Use in Commerce was January 1, 2010. … The company is located in Rockaway Beach, New York.
- Owner: BCS Properties, LLC (@)
- Filed §1(b) on February 12, 2014 (top)
- Filed §1(b) on May 8, 2014 (bottom)
- IC 06: Metal goods (i.e. Metal key chains)
- IC 09: Electrical and Scientific apparatus (i.e. Video game software; digital media, namely, pre-recorded DVDs, downloadable audio and video recordings, and CDs featuring college football games, exhibitions and tournaments, and promoting the sport of football)
- IC 14: Jewelry (i.e. Watches, pendants, rings, medallions, collectible coins)
- IC 16: Printed matter and Paper goods (i.e. Printed publications in the form of game programs, media guides and commemorative books in the field of sports and entertainment)
- IC 18: Leather goods (i.e. Wallets, billfolds)
- IC 20: Articles not otherwise classified (i.e. Plastic novelty license plates; vinyl flags)
- IC 21: Housewares and Glass (i.e. Mugs and beverage glassware)
- IC 25: Clothing
- IC 27: Floor coverings (i.e. Rugs)
- IC 28: Toys and Sporting goods (i.e. Foam fingers and hands; sports equipment, namely, footballs and kicking tees)
- IC 41: Entertainment services (i.e. In the nature of television and radio sports programs featuring college football games, exhibitions and tournaments & organizing and staging college football games, exhibitions and tournaments)
- Notes: BCS Properties, LLC is headquartered in Irving, Texas. … Last week, the CFB Playoff Committee wisely announced that “all future playoff games through the 2025 season (last year of the current 12-year contract) will be played either on a Saturday or a holiday.” … The 2017-18 semifinals will be played at the Rose Bowl and Sugar Bowl, while the title game will be played in Atlanta, Georgia. … You may find details on the future sites here.
- Owner: MillerCoors LLC (@)
- Filed §1(a) on October 19, 2015
- IC 09: Electrical and Scientific apparatus (i.e. Interactive game software)
- Notes: First Use in Commerce was September 1, 2015. … MillerCoors is headquartered in Chicago, Illinois.
- Owner: Fresno Baseball Club, LLC (@)
- Filed §1(a) on March 8, 2016
- IC 25: Clothing
- Notes: First Use in Commerce was April 12, 2006. … The Raisin Eaters were a minor league team that last played in 1906 (!!). … Here are some stats from that season.
SRIXON SOFT FEEL
- Owner: Dunlop Sports Company, Ltd. (@)
- Filed §1(a) on September 16, 2015
- IC 28: Sporting goods (i.e. Golf balls)
- Notes: First Use in Commerce was January 1, 1999. … Dunlop is headquartered in Japan.
- Owner: Players Choice Golf, LLC
- Filed §1(b) on February 23, 2016
- IC 28: Sporting goods (i.e. Gloves for golf; Golf accessories, namely, carriers and dispensers for golf balls; Golf balls)
- Notes: Players Choice Golf is headquartered in New Smyrna Beach, Florida.
4 SERIES TOUR
- Owner: Karsten Manufacturing Corporation (@)
- Filed §1(b) on March 9, 2016
- IC 28: Sporting Goods (i.e. Golf bags)
- Notes: Karsten Manufacturing Corporation, otherwise referred to as Ping, is headquartered in Phoenix, Arizona.
- Owner: Doug Lynch Hockey LLC
- Filed §1(a) on March 9, 2016
- IC 41: Sports training services in the field of hockey
- Notes: First Use in Commerce was February 19, 2016. … Doug Lynch Hockey is located in Portland, Oregon. … Lynch, the company’s founder, primarily played in the minor leagues but was a member of the Edmonton Oilers for the 2003-04 season.
- Owner: Hot Shot Stix LLC (@)
- Filed §1(b) on February 12, 2016
- IC 28: Sporting goods (i.e. Hockey stick blades; Hockey stick shafts; Ice hockey sticks)
- Notes: The company is located in White Lake, Michigan.
- Owner: Krossover Intelligence Inc.
- Filed §1(a) for both marks on July 22, 2015
- IC 09: Electrical and Scientific apparatus (i.e. Computer application software for the integration of audio, video, graphics, still images and analytics into a sports multimedia product)
- IC 41: Entertainment services (i.e. The collection and generation of sports analytics & providing a website featuring audio clips, video clips, photographs, other multimedia materials, and analytic information related to athletic and sport performance)
- Notes: First Use in Commerce for both classes was May 15, 2010. … Krossover is located in New York, New York.